Loading...
Backup Documents 12/13/2005 RBecoc Regular Meeting 9 0 A70 4k 13, 2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 13, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice - Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-059 AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 December 13, 2005 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 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 — 510 B. November 1, 2005 - BCC /Regular Meeting Approved as presented — 5/0 C. November 7, 2005 - BCC /Hispanic Affairs Advisory Board Workshop Approved as presented — 510 D. November 18, 2005 - BCC /Value Adjustment Board Special Magistrate Marianne Kantor Approved as presented — 510 E. November 18, 2005 - BCC /Value Adjustment Board Special Magistrate Mark Pelletier Approved as presented — 5/0 F. November 18, 2005 - BCC /Value Adjustment Board Special Magistrate Stephen Cunningham Approved as presented — 510 Page 2 December 13, 2005 G. September 28, 2005 — BCC /Lee County Joint Workshop with I -75 Expressway Authority (Staff's request) 1) Approved as presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 -Year Recipients: 1) Heather Rockcastle - Emergency Medical Services Advisory Council 2) Dr. Erica Lynne - Environmental Advisory Council Presented 10 -Year Recipients: 1) Jack Humphrey - Industrial Development Authority Presented 20 Year Attendees: 1) Danny Morris, Ochopee Fire Control District 2) Alamar Smiley, Building Review and Permitting Presented 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member of the Year 2005 to Janet Vasey, County Government Productivity Committee. Presented B. Recommendation to recognize Karla Nicol, Fiscal Technician, Human Services, as the "Employee of the Year" for 2005. Presented 6. PUBLIC PETITIONS Page 3 December 13, 2005 A. Public Petition request by Alexandra Brennan to discuss vegetation removal permit violation (Case #2005010137). To be sent to the Code Enforcement Board and to suspend any enforcement of fines — Approved - 510 B. Public Petition request by Kathy Patterson to discuss the transfer of Bembridge PUD to the Collier County Housing Development Corporation for housing development. To be brought back at the January 24, 2006 BCC meeting Approved - 510 Withdrawn C. Public Petition request by Donald Spanier to discuss the pending City of Naples Pelican Bay Annexation Referendum. 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 requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: VA- 2005 -AR- 8010 James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an after - the -fact from Section 4.02.03.A of the Land Development Code (LDC) to allow for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard. The subject property is located at 175 Bayview Avenue, Conners Vanderbilt Beach Est. Subdivision, Unit 1, Block C, Lot 7, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2005 -432 — Adopted w /stipulations — 3/2 (Commissioner Coyle and Commissioner Halas opposed) 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2005 -AR -7276: Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF- 4(2.1)] zoning district to allow a maximum of 15 single - family residential dwelling units to be Page 4 December 13, 2005 developed on the subject 7.29 acres for a project known as Briana Breeze, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. Motion to deny — Approved — 5/0; Resolution of Denial No. 2005 -433 to be prepared by the County Attorney's Office B. This item was continued from the November 29, 2005 BCC Meeting. Recommendation to approve an ordinance amending Chapters 2 and 42 of the Code of Law and Ordinances pertaining to the appointment, composition, functions, powers, and duties of the Affordable Housing Commission and sunsetting the Citizens Advisory Task Force. Ordinance 2005 -68 Adopted - 5/0: Sunsetting CATF Ordinance 2005 -69 Adopted - 5/0: Housing Commission Ord. Amendmt C. This item was continued from the November 29, 2005 BCC meeting. Recommendation that the Board of County Commissioners of Collier County amend the State Housing Initiatives Partnership (S.H.I.P.) down payment and closing cost assistance program for first time homebuyers. Ordinance 2005 -70 — Adopted — 4/1 (Commissioner Henning opposed) D. This item was continued from the November 15, 2005 BCC meetin LIF and was further continued from the November 29, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 acres and is located at 1100 Pine Ridge Road. Motion to Continue to a future BCC Meeting when advertising requirements are met — Approved - 4/1 (Commissioner Halas opposed) E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2005 -AR -7299 Community School of Naples, Inc., represented by D. Wayne Arnold, AICP Page 5 December 13, 2005 of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single- family, two - family, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of approximately 36.9 acres is located at 13275 Livingston Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Ordinance 2005 -71— Adopted w /stipulations — 510 Moved from Item #17C F. Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier County's South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan, dated October 2005; allow this Plan to be submitted to the Florida Department of Environmental Protection; and authorize County Staff to carryout responsibilities under the FDEP Low Interest Loan Program. Resolution 2005 -434 — Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Citizens Corps. Resolution 2005 -425: Appointing Jerry Sanford — Adopted - 510 B. Appointment of members to the Parks and Recreation Advisory Board. Resolution 2005 -426: Reappointing Timothy D. Toole and Joseph C. Overbeck — Adopted - 5/0 C. Appointment of members to the Black Affairs Advisory Board. Resolution 2005 -427: Appointing Stewart C. Brown; John M. Brunner; and Fay E. Ghorayeb — Adopted - 4/1 (Commissioner Coyle Opposed) D. Appointment of member to the Emergency Medical Services Advisory Council. Resolution 2005 -428: Appointing Jeffrey Scott Allbritten Adopted - 510 Page 6 December 13, 2005 E. Appointment of member to the Isle of Capri Fire Control District Advisory Committee. Resolution 2005 -429: Appointing Kirk P. Colvin — Adopted 510 F. Resolution of the Collier County Board of County Commissioners supporting the Lee County Commission efforts to find solutions to Lake Okeechobee fresh water release issues. Resolution 2005 -430 — Adopted w/ changes 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation for the Board to consider receiving delegation of Boat Dock Permitting from the U.S. Army Corps of Engineers (USACE) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Approved — 510 B. Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $287,875, Project 800601. (Marla Ramsey, Administrator, Public Services) Approved — 5/0 C. Recommendation to approve Professional Service Agreement No. 05 -3865 for engineering and permitting services to be provided by CH2MHill, Inc., for the six - laning of Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road, Project No. 68056, CIE 13, in the amount of $ 2,0289745.00. (Norman Feder, Administrator, Transportation Services) Approved — 510 D. This item to be heard at 10:00 a.m. Recommend Approval of Change Order for additional expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination in the amount of $200,000.00 for final payments for fiscal year 2005. (Jack Wert, Director, Tourism) To be brought back to the January 10, 2006 BCC Meeting — Approved — 510 Page 7 December 13, 2005 E. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard (CR 95 1) from US 41 to Main Golden Gate Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,437,500.00. (Norman Feder, Administrator, Transportation Services) Resolution 2005 -431 Adopted - 510 F. Recommendation to have the Board of County Commissioners establish a Freedom Memorial Park at the Main Government Complex in order to recognize and honor America's freedoms along with historical and cultural events. (Len Price, Administrator, Administrative Services) Approved — w /staff Guidance 5/0 Moved from Item #16D6 G. Recommendation to award Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937 Approved — 510 Moved from Item #16F1 H. Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. Approved — 510 Moved from Item #16F9 I. Recommendation that the Board of County Commissioners declare a valid public purpose and authorize payment for specific invoices in support of Hurricane Wilma Recovery efforts in Collier County. Approved — 510 - Direct staff to contact Marco Inn in regards to fees 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Ken Thompson — Re: EMS, garbage pick -up and misuse of FEMA funds 12. COUNTY ATTORNEY'S REPORT A. David Weigel — Discussion on Pelican Bay amendments to MSTU Page 8 December 13, 2005 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd — Trust for Public Land purchase by the Conservancy, Golden Gate Estates Agreement with SFWMD B. Commissioner Henning supporting comp plan amendments for excavation and shortage of dirt for transportation projects C. Commissioner Fiala — Discussion on LDC amendments and concurrency D. Commissioner Coletta — Suggesting adding visible lights on dias E. Commissioner Halas — discussion on changes to Ordinance 2001 -37 which created the Productivity Committee ------------------------------------------------------------------------------------------------------------ 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 approve final acceptance of water and sewer utility facilities for Eckerds (Donovan Center PUD). W /release of Utilities Performance Security 2) Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit Three. W /reduction of Utilities Performance Security 3) Recommendation to approve final acceptance of water utility facilities for Summer Lakes aka Sawgrass Pines. W /release of Utilities Performance Security Page 9 December 13, 2005 4) Recommendation to approve final acceptance of sewer utility facilities for Sterling Oaks Recreation Center. W /release of Utilities Performance Security 5) Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 2B. W /reduction of Utilities Performance Security 6) Recommendation to approve final acceptance of water utility facilities for Sterling Oaks Recreation Center. W /release of Utilities Performance Security 7) Recommendation to approve final acceptance of water and sewer utility facilities for Eagle Cove at Sweetwater Bay I1. W /release of Utilities Performance Security 8) Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 2A. W /reduction of Utilities Performance Security 9) Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks, Unit 16. W /reduction of Utilities Performance Security 10) Recommendation to approve final acceptance of water and sewer utility facilities for Eden at the Strand. W /reduction of Utilities Performance Security 11) Recommendation to approve for recording the final plat of Moorgate Point, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 12) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mahogany Estates. The roadway and drainage improvements will be privately maintained. Resolution 2005 -418 - w /release of Maintenance Security Page 10 December 13, 2005 13) Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Boulevard Extension. W /reduction of Utilities Performance Security 14) Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. As Detailed in the Executive Summary 15) Recommendation to approve final acceptance of water and sewer utility facilities for Bridgewater Bay, Unit One. W /reduction of Utilities Performance Security 16) Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 3A. W /reduction of Utilities Performance Security 17) Recommendation to approve final acceptance of water and sewer utility facilities for Sterling Oaks, Phase 4 aka Sanctuary Pointe, Phase 2, Deer Creek, Phase 2. W /reduction of Utilities Performance Security 18) Recommendation to approve final acceptance of water utility facilities for Twin Dolphins. W /release of Utilities Performance Security 19) Recommendation to approve final acceptance of water utility facilities for Arielle at Pelican Marsh, Phase 3. W /reduction of Utilities Performance Security 20) Recommendation to approve final acceptance of water and sewer utility facilities for Bent Grass Bend at Pelican Marsh. W /reduction of Utilities Performance Security 21) Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase 1 -A. W /reduction of Utilities Performance Security 22) Recommendation to approve final acceptance of water and sewer utility facilities for Habitat Village. W /reduction of Utilities Performance Security Page 11 December 13, 2005 23) Recommendation to approve final acceptance of water and sewer utility facilities for Glen Eden, Phase II. W /reduction of Utilities Performance Security 24) Recommendation to approve final acceptance of water and sewer utility facilities for Glen Eden Lakes, Phase I. W /reduction of Utilities Performance Security 25) Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 1. W /reduction of Utilities Performance Security 26) Recommendation to approve final acceptance of water and sewer utility facilities for Eden on the Bay. W /reduction of Utilities Performance Security 27) Recommendation to approve final acceptance of sewer utility facilities for Capistrano at Grey Oaks. W /reduction of Utilities Performance Security 28) Recommendation to approve final acceptance of water and sewer utility facilities for Calumet Reserve at Lely Resort. W /reduction of Utilities Performance Security 29) Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute an Interlocal Agreement with the Big Corkscrew Island Fire Control and Rescue District, which will supersede a prior Impact Fee Interlocal Agreement between the parties in order to be consistent with the updated District Fire Protection Impact Fees. As Detailed in the Executive Summary 30) UDP- 2004 -AR -6872: Agnoli, Barber & Brundage representing Benderson Development Company, Inc for review and approval of a Unified Development Plan (UDP) submittal per Ordinance 92 -43 for a shopping center. The property is located at the intersection of Tamiami Trail North and Old U.S. 41, further described as Township 48, Range 25, Sections 15 and 16, Collier County, Florida, consisting Page 12 December 13, 2005 of 21.1 Acres As Detailed in the Executive Summary B. TRANSPORTATION SERVICES 1) Recommendation to approve Johnson Engineering, Inc. Invoice #I for the time between June 28, 2005 until October 11, 2005 in the amount of $165,305.21 under ITN 04 -3583 CEI Services for Collier County Road Projects for Project No. 60018 Immokalee Road Project from Collier Blvd. to 43rd Ave. N.E. 2) Recommend that the Board Approve Change Order 5 to the contract for Professional Engineering Services by RWA, Inc. in the amount of $179,230 for the Golden Gate Parkway Six - laning Design from Airport Road to Santa Barbara Boulevard, Project No. 60027. 3) Recommendation to approve Change Order No. 2 to the construction contract with APAC- FLORIDA, Inc. for Intersection Improvements of New Market Road at Charlotte Street in Immokalee, Florida in the amount of $316,972.10. Project No. 60016, Bid No. 05 -3742. 4) Recommendation to approve Change Order No. 5 to Contract No. #05 -3812 Goodlette -Frank Road (PRR -VBR) Landscape Improvements Construction with Hannula Landscaping, Inc. (Project No. 601344) in the amount of $39,148.24. C. PUBLIC UTILITIES 1) Recommendation to approve a Change Order to Work Order No. AB- 040-06-01 with Angie Brewer and Associates, L.C. in the amount of $70,098.82 under Sarasota County Contract No. 2003 -040 for State Revolving Funds Loan Procurement Services from The Florida Department of Environmental Protection for the South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion; Project Number 700971 and the Rehabilitation of Degasification Towers at South County Regional Water Treatment Plant; Project Number 710221. To expand the Reverse Osmosis (RO) water treatment capacity at the SCRWTP by 12 -MGD to a total of 20 -MGD Page 13 December 13, 2005 2) Ratify County Managers approval of Emergency Purchase Orders to Heyward Inc., Mitchell and Stark Construction Co., and Hole Montes, Inc. for the total of $312,700.00 for various equipment and services related to the critical failure of the sodium hypochlorite (bleach) tanks at the North County Water Reclamation Facility ( NCWRF) Project 739661. To stay in compliance with adequate bleach for the NCWRF treatment processes 3) Recommendation to award construction contract to upgrade North County Water Reclamation Facility ( NCWRF) sodium hypochlorite system to Mitchell and Stark Inc., under fixed term contract 04 -3535 for $693,154 and approve the necessary Budget Amendment for Project 739661. To enhance the reliability and safety of the chlorine bleach system at the NCWRF and to enhance the operator ability to manage and control the amount of bleach that each chamber receives 4) Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060134 in the amount of $987,679 as partial funding for construction of the South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion, Project Number 708921. To provide for the needs of additional water supply, fueled by an extremely high rate of growth 5) Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060135 in the amount of $1,600,000 as partial funding for construction of the South County Regional Water Treatment Plant 12 -MGD Reverse Osmosis Expansion, Project Number 700971. To provide for the needs of additional water supply, fueled by an extremely high rate of growth 6) Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. OT060133 in the amount of $500,000.00 as partial funding for the North East Regional Water Treatment Plant 10 -MGD Reverse Osmosis (RO) Construction, Project Number 70902. To address future population growth demands Page 14 December 13, 2005 7) Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. 8) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 9) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005 -419 10) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005 -420 11) Recommendation to approve award of bid 06 -3911 in the Amount of $771,342 to Kyle Construction, Inc., for the construction of Force Main along Manatee Road Project 73160. To replace a failing Force Main D. PUBLIC SERVICES 1) Recommendation to approve a budget amendment to reflect an increase in the amount of $9,000 in the Older Americans Act program and authorize the Chairman to sign a contract amendment between Collier County Board of County Commissioners and the Area Agency on Aging. To recognize an increase in grant funding in the Services for Seniors program 2) Recommendation to approve budget amendments totaling $858,416 to ensure continuous funding of the Older Americans Act grant for 2006. Page 15 December 13, 2005 For uninterrupted support services to Services for Seniors' frail, elderly clients 3) Recommendation to approve South Florida Water Management District Local Governmental Agreement No. OT060123 in the amount of $100,000 as partial funding for construction of the Irrigation System at North Collier Regional Park. To conserve water resources while maintaining the highest quality park facilities at the lowest possible cost by utilizing available grants programs 4) Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew. Resolution 2005 -421 5) Recommendation to award Work Order #WMI -FT- 3290 -06 -03 in the amount of $340,080 to WilsonMiller, Inc. for design and permitting of Orangetree Park — (Waive the 90,000 work order limit) To expand the park system to meet the demands of growth Moved to Item #10G 6) Recommendation to award Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937 7) Recommendation to award Bid #06 -3913 to Berrys Barbell and Equipment, Inc and Life Fitness for purchase, delivery, and maintenance of Fitness Equipment at an estimated FY 06 expenditure of $320,000. To furnish the fitness center at North Collier Regional Park and establish vendors for replacement equipment for all County fitness centers 8) Recommendation to accept the Ford Fleet Test Bailment contract which provides for the use of a vehicle to transport veterans to VA medical appointments. Contract being in effect for a 2 year period ending in 2008 Page 16 December 13, 2005 E. ADMINISTRATIVE SERVICES 1) Recommendation to Confirm and Consent to the Re- assignment of Contract Nos. 04 -3597, "Davis Blvd. Phase II MSTD Roadway Grounds Maintenance;" 05 -3686 "Part I Golden Gate Beautification MSTU /MSTD Roadway Grounds Maintenance and Part II - Radio Beautification MSTU /MSTD Roadway Grounds Maintenance;" and 05 -3874 "Golden Gate Annual Landscape Maintenance" from Advanced Lawn and Landscaping Service, Inc. to FRK Enterprises, Inc. dba Advanced Lawn and Landscaping Service. 2) Recommendation to approve purchase of vehicles, equipment, and tires from Bid #04 -12 -0823 Rollover, Bid #05 -13 -0822, Bid #05 -06- 0823 and Bid #05/6 -02 -0105 as coordinated by the Florida Sheriffs Association, the Florida Association of Counties, and the Florida Fire Chiefs Association, when in the best interests of the County. 3) Recommendation to approve Amendment #3 to Contract 04 -3576, Construction Manager at Risk for the Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. resulting in a reduction of $12,500 to the Guaranteed Maximum Price. To reallocate funds to be in accordance with the terms and conditions of the Contract requirements 4) Recommendation to authorize rejection of Bid No. 05 -3877 "Locksmith Services ". Facilities Management Department instituted an in -house locksmith program 5) Recommendation to award RFP No. 05 -3869 "Elevator Maintenance" to KONE Elevators and Escalators for elevator maintenance and repair. For maintenance and repairs to County owned facilities 6) Recommendation to approve the purchase of Group Insurance coverage and services for calendar year 2006. Funds are budgeted within Fund 517 7) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Page 17 December 13, 2005 Director pursuant to Resolution # 2004 -15 for the fourth quarter of FY 05. As Detailed in the Executive Summary 8) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. To enable the Board to oversee the execution of administrative change orders and changes to work orders and promote accountability in the use of staff authority F. COUNTY MANAGER Moved to Item #1011 1) Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non - emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. 2) Recommendation to accept a $1,186 American Heart Association donation to Emergency Medical Services and approve a Budget Amendment to recognize and appropriate the funds. To purchase an Automated External Defibrillator and to replace the battery and pads of an EAD donated to the Golden Gate Community Center 3) Recommendation to approve a sole - source contract with eCivis for a multi -year subscription to eCivis Grants Locator in the amount of $101,317. As Detailed in the Executive Summary 4) Recommendation to approve Modification #2 to Grant Agreement #05DS- 2N -09 -21 -022 between Collier County and the Florida Department of Community Affairs. To extend the Grant term to March 30, 2006 and amends the scope of work and reporting requirements 5) Recommendation to approve a Resolution approving and adopting the National Response Plan, and approving and mandating that Collier County shall use the National Incident Management System for all Page 18 December 13, 2005 incident management in Collier County. Resolution 2005 -422 6) This item continued from the November 29, 2005 BCC Meeting. Recommend the waiver of formal competition and acceptance of a proposal from The Conservancy of Southwest Florida to provide shorebird monitoring as required by the FDEP permit for contract 05- 3854, Collier County Beach Renourishment, Project No. 905271, for a cost of $34,798. 7) Recommendation to approve a budget amendment segregating funds collected for Beach Access /Beach Park Facilities from funds collected for Beach Renourishment /Pass Maintenance Activities. As Detailed in the Executive Summary 8) This item continued from the November 29, 2005 BCC Meeting. Recommend approval of Work Order Number CPE- FT -06 -06 under contract 01 -3271 with Coastal Planning & Engineering to provide construction phase engineering support and surveying for a not -to- exceed, Time and Material price of $225,000 for the City of Naples /County Beach Re- nourishment Project No. 905271 (Contract No. 05 -3854) and to waive the $90,000.00 Work Order limit. Moved to Item #10I 9) Recommendation that the Board of County Commissioners declare a valid public purpose and authorize payment for specific invoices in support of Hurricane Wilma Recovery efforts in Collier County. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS Withdrawn 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 2005 Farm City BBQ at University Extension Office; $18.00 to be paid from Commissioner Fiala's travel budget on November 23, 2005. Located at 14700 Immokalee Road, Naples, Florida Page 19 December 13, 2005 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending EDC's Pre - Legislative Luncheon on December 14, 2005 at The Strand Country Club; $50.00 to be paid from Commissioner Fiala's travel budget. Located at 5840 Strand Boulevard, Naples, Florida 3) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend Southwest Regional Delegation Forum — "Issues '06" on December 16, 2005 at Florida Gulf Coast University; $40.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Henning requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner Henning to attend the SW Regional Delegation Forum - "Issues '06" on December 16, 2005 at the Florida Gulf Coast University; $40.00 to be paid from Commissioner Henning's travel budget. 5) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose to attend the Economic Development Council of Collier County's Pre - Legislative Luncheon on December 14, 2005 to be paid from his travel budget. Located at 5840 Strand Boulevard, Naples, Florida I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. For drug abuse education and prevention K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 122, 822 and 922 in the Page 20 December 13, 2005 lawsuit styled Collier County v. John J. Yaklich, et al., Case No. 03- 2559-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $18,652.00) As Detailed in the Executive Summary 2) Recommendation that the County Assume the defense of Frederick Gonzalez in Department of Health v. Frederick Gonzalez, Bureau of Emergency Medical Services, State of Florida, Case No. 2002 -0720 arising out of and during the course of his employment with Collier County pursuant to Collier County Resolution No. 95 -632. 3) Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the Authority to make a loan to Naples Community Hospital pursuant to a Master Financing Agreement approved by the Authority and the Board in 1997 for the purpose of financing the purchase by the hospital of certain medical and other equipment used by the hospital in its health care operations. Resolution 2005 -423 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. Recommendation to amend Ordinance No. 93 -56, as amended, and codified in the Code of Laws and Ordinances of Collier County, Florida, as Chapter 14, Article II, which regulates and controls animals within the area of Collier County, specifically amending Section 14 -34, pertaining to license certification and rabies vaccinations for dogs, cats, and ferrets, increasing license costs, and providing an effective date. Ordinance 2005 -67 Page 21 December 13, 2005 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 Whipporwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2005 -424 Moved to Item #8F C. Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan, dated October 2005; allow this Plan to be submitted to the Florida Department of Environmental Protection; and authorize County Staff to carryout responsibilities under the FDEP Low Interest Loan Program. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 22 December 13, 2005 2A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 13, 2005 Add Item 2G: September 28, 2005 — BCC /Lee County Joint Workshop with 1 -75 Expressway Authority. (Staffs request.) Withdraw Item 6C: Public Petition request by Donald Spanier to discuss the pending City of Naples Pelican Bay Annexation Referendum. (Petitioner's request.) Item 7A: The title should include: "This item requires that all participants be sworn in and ex arte disclosure be provided by Commission members." (Staff's request.) Item 16A30: Item AS of the General Notes on the UDP plan needs to be eliminated. The note to be eliminated reads, "The change will result in a requirement for increased stormwater retention, or drill otherwise increase stormwater discharges; or". (Staffs request.) Item 16B1: Title should read: "Recommendation to approve Johnson Engineering, Inc., Invoice #1 for the time between June 28, 2005 through October 11, 2005..." (rather than September 4, 2005). (Staffs request.) Item 1664: Title on index should read: "Recommendation to approve Change Order No. 5 ...." (rather than No. 4). (Staffs request.) Move Item 16136 to 10G: Recommendation to award Bid No. 06 -3923 to Southeast Correct Craft for purchase and delivery of a ski boat in the amount of $33,937. (Commissioner Coyle's request.) Withdraw Item 16H1: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 2005 Farm City BBQ at University Extension Office; $18.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move Item 17C to 8F: Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier County's South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion Facilities Plan, dated October 2005; allow this Plan to be submitted to the Florida Department of Environmental Protection; and authorize County staff to carry out responsibilities under the FDEP Low Interest Loan Program. (Staff's request.) Time Certain Items: Item 1013 to be heard at 10:00 a.m.: Recommend approval of Change Order for additional expenses above $700,000 for both media and production billed by Paradise Advertising at the gross amount to Contract 03 -3537 between Paradise Advertising & Marketing, Inc., and Collier County for Marketing and Advertising Collier County as a Tourism Destination in the amount of $200,000 for final payments for fiscal year 2005. COLLIER COUNTY FLORIDA % )` REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r H 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. /PlanningPerson: Michael Bosi, AICP MPP Date: I I. d'— 6,T Petition No. (If none, give brief description): VA- 2005 -AR -8010, Fornear Variance Petitioner: (Name & Address): Clay C Brooker, Esquire, 821 Fifth Ave S., 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) James R And Margaret H Fornear, 175 Bayview Ave., Naples, FL. 34102 Hearing before BCC BZA Other Requested Hearing date: December 13, 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: VA- 2005 -AR -8010, James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an after -the -fact variance for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard. The subject property is located at 175 Bayview Avenue, Conners Vanderbilt Beach Est. Subdivision, Unit 1 Bspftf, Lot 7, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 61 06c 6, 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: epartment Head ate 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: I I D 0 Date of Public hearing: �'� Date Advertised: ) (^ 11/14/2005 16:05 2396436968 COLLIER CTY ZONING PAGE 01/02 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To; Clerk to the Board: Please place the follov"ng as a: XXX Normal Legal Advertisement Other- (Display Adv., locatio:, etc,) 7A 14 #, rww* t*# wkWW*** wNWW�** wwWwNW # #'R"+rRNWW ► * *wwww* # #ww,w�e �r+ 41.## wNWWA#* wwWWW * # *NWW'�'WW * #Ir,rNWt4+� * #ieN7F k�e #W *k'W w,4W * * *W* originating DepV Div: Comm.Dev.Serv.iPlaanin.gPerson: Michael .Bosi, AICP 1 "P Date: I I• �` v S Petition No. (if none, give brief description): VA- 2005 -AR- 801.0, Fornear Variance Petitioner: (Natnc & Address). Clay C Brooker, Esquire, 821 Fifth Ave S., 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) lames R And Margaret H Fornear, 175 Bayview Ave., Naples, FL. 341 C2 Hearing before BCC BZA Other Requested Hearing date: _ Ilecember 13.200 Based an advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legaily Required Proposed Text: {include legal description & common location & Size: Petition: VA- 2001:.A&M, James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an alter- the -fact variance for a 5.3 -foot encroachment into the required 10 -foot rear subject property is en yardz I'f5 Basetback, Avenue, applicable to Vanderbilt cBeaeh EstaSubdivision` Un't .. nRepta't,�i�ot7, Section 32, Township 48 outh, located y Range 25 East, Collier County, Florida. Blgr,�� Companion petition(s), if any & proposed heating date: Does Petition Fee include advertising cost? Yes No if Yes, what account should be charged for advertising costs: 113 - 138312- 644110 Reviewed by: Approved by: apartment Head ate County Manager Date List Attachments: DIST IB T O N INSTRU-01JUN-5 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, L% submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda File: to Requesting DIN-1sion Original Clerk's Office B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. 9rdYnitwW wW A,k * **#ftWWkW�r f4wl,W # * * *iwwWWlrW it ti. #fWfrileW+MW9lleb * # # #kkWit yr Yl Yt eIWWIY e► R *�M #*�Ir *4WwwW+Nle *kW * **fk4 *ft fl Wik # *t *Feww *M FOR CLERIC'S OFFICE USE ONLY Date Received: Date of Public hearing: _ Date Advertised: Page 1 of 1 Ann P. 7 A Jennejohn .. From: martin_c [CeciliaMartin@colIiergov.net] Sent: Monday, November 14, 2005 3:44 PM To: Minutes and Records Subject: VA -05 -AR -8010 The work REPLAT was taken out and replaced wih Block C on the BCC Ad Request Sheet Proposed Text: (Include legal description & common location & Size: Petition: VA_200_5 -AR -8010, James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an after -the -fact variance for a 5.3-foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard. The subject property is located at 175 Bayview Avenue, Conners Vanderbilt Beach Est. Subdivision, Unit 1, Block C, Lot 7, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 11/14/2005 7A RESOLUTION NO. 05— A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA- 2005 -AR -8010, FOR AN AFTER- THE -FACT VARIANCE OF 5.3 FEET FROM THE 10 -FOOT REAR YARD SETBACK TO 4.7 FEET FOR ACCESSORY STRUCTURES IN AN RSF -3 ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5.3 -foot after - the -fact variance from the required 10 foot rear yard setback to 4.7 feet for accessory structures, as shown on the attached plot plan, Exhibit "A ", in an RSF -3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA- 2005 -AR -8010 filed by Clay C. Brooker, Esquire, representing James and Margaret Fornear, with respect to the property hereinafter described as: Conners Vanderbilt Beach Est. Subdivision, Unit 1 Replat, Lot 7, as recorded in Plat Book 3, Pages 8 and 9, in the Public Records of Collier County, Florida. be and the same hereby is approved for a 5.3 -foot after -the -fact variance from the required 10 foot rear yard setback to 4.7 feet for accessory structures, as shown on the attached plot plan, Exhibit "A ", of the RSF -3 Zoning District wherein said property is located, subject to the following condition: -1- 1. The variance granted is limited to the after- the -fact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated November 18, 2003. This site plan is included as Exhibit A; BE IT RESOLVED that this Resolution relating to Petition Number VA- 2005 -AR -8010 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 22005. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjoio M. Student- Stirling Assistant County Attorney -2- BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN 7A tTj 2 \ \� \ \ \ \� \ . I \ � \ \ MMIN of (�k � « ��/ � � kn ƒ °\ � � s.5" of (�k � « ��/ � � � � �§ 7A November 17, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition VA- 2005 -AR -8010; Fornear Variance Dear Legals: Please advertise the above referenced petition on Sunday, November 27, 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 P.O. /Account # 113 - 138312- 649110 7A- NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 13, 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 VA- 2005 -AR -8010, James and Margaret Fornear, represented by Clay Brooker, Esquire, are requesting an after - the -fact variance for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard. The subject property is located at 175 Bayview Avenue, Connors Vanderbilt Beach Est. Subdivision, Unit 1, Block C, Lot 7, in Section 32, Township 48 South, Range 25 East, 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 writ the Board agenda packets mus weeks prior to the respectiv written materials intended t submitted to the appropriate prior to the public hearing. before the Board will become en or graphic materials included in submit said material a minimum of 3 public hearing. In any case, be considered by the Board shall be County staff a minimum of seven days All material used in presentations 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 =,of-Col,her CLERK CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URTffOU'. g 3301 TAMIAMI TAIL; EAST Clerk of Courts P.O. BOX 41.1044 NAPLES, FLORIDA"3�101 -A44 i November 17, 2005 Clay C. Brooker, Esquire 821 Fifth Avenue S. Suite 201 Naples, FL 34102 Re: Notice of Public Hearing to consider Petition VA- 2005 -AR -8010; The Fornear Variance Dear Petitioner: 7A 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 December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 27, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejo , Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierclerk (d.elerk.collier.fl.us e County -of- Collier 7 r .. CLERK OF THt CtRC TIT COURT Dwight E. Brock COLLIER COUNTY OOOURT49USE Clerk of Courts Clerk of Courts 3301 TAMIAMI TIL EAST Accountant P.O. BOX 4 1044 NAPLES, FLORIDA,3j101 -3044 Auditor "c.r Custodian of County Funds b, November 17, 2005 James R. and Margaret H. Fornear 175 Bayview Ave. Naples, FL 34102 Re: Notice of Public Hearing to consider Petition VA- 2005 -AR -8010; The Fornear Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 27, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 0-j� /�� n, C- Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkC &clerk.collier.fl.us 7 A Ann P Jennejohn To: legals @naplesnews.com Subject: VA- 2005 -AR -8010; Fornear Variance Attachments: VA- 2005- AR- 8010.doc; VA- 2005- AR- 8010.doc Please advertise the attached on Sunday, November 27, 2005. Thank you, Ann VA- 2005 -AR -8010 doc(23 KB) 0 VA- 2005 -AR -8010. doc (22 KB) 7A Ann P. Jenneiohn From: ClerkPostmaster Sent: Thursday, November 17, 2005 10:41 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT419523.txt; VA- 2005 -AR -8010; Fornear Variance ATT419523.txt VA- 2005 -AR -8010; (229 B) Fornear Varia... 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 From: System Administrator [postmaster @naplesnews.comj Sent: Thursday, November 17, 2005 10:41 AM To: Ann P. Jennejohn Subject: Delivered: VA- 2005 -AR -8010; Fornear Variance Attachments: VA- 2005 -AR -8010; Fornear Variance LI VA- 2005 -AR -8010; Fornear Varia... «VA- 2005 -AR -8010; Fornear Variance>> Your message To: legals @naplesnews.com Subject: VA- 2005 -AR -8010; Fornear Variance Sent: Thu, 17 Nov 2005 10:41:10 -0500 was delivered to the following recipient(s): legals on Thu, 17 Nov 2005 10:41:27 -0500 1 VA- 2005 -AR -8010; Fornear Variance Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Thursday, November 17, 2005 11:13 AM To: Ann P. Jennejohn Subject: RE: VA- 2005 -AR -8010; Fornear Variance OK - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Thursday, November 17, 2005 10:41 AM To: legals @naplesnews.com Subject: VA- 2005 -AR -8010; Fornear Variance of 1 7 A Please advertise the attached on Sunday, November 27, 2005. Thank you, «VA- 2005- AR- 8010.doc>> «VA- 2005- AR- 8010.doc I > Ann 11/17/2005 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 27th, 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 f.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 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 30th, 2005 (Signature of notary public) u� 79 VA -2006- _�8010 NQ[I XP€ a Pak i IC HEEAAbRIING Dtiat el rdd Countty Commissioners of Col- lier County will hold a day,iDece 13, 2005 In the Boardroom, 3ra Floor, Administration Building, Collier County Government Center, 3301 East Tamlami Trail, Naples, Florida. The meeting will begin at X3:00 A. The The Board will consider Petition VA- 2005-AR- 8030 James and Maras - ret. Fcornear, represented by Clay Brooker, Es- quire, are requesting an after - the -fact variance for a 53-foot encroach- ment Into the required 10 -foot rear yard (acce- ssory) setback, as ap- plicable on a waterfront 175 Bayvlew Avenue, Connors Vanderbiitl Beach Est. Subdivision, Unit 1, Block C, Lot 7, In Section 32, Township 48; South, Range 25 East, Collier County, Florida 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 . on an rtem. i ne selec tion o an Individual to speak on behalf of an organization or group is encouraged. IT recog- nized by the Chair, 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 thetBroiaard agenda pack -' ets must submit said material a minimum of 3 speecktive public hearing. In anfr case, written ma- teriatI iret�nded to be C onsidered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the ppublic hearing. All ma.I terial used In presenta -I tions before the Board 1 neint part of the record. a Any person who decid -1 e§ to appeal a decision of the Board will need al Isrpeinnngrtaiproceed., and therefore, may need to ensure that al verbatim record of the, proceedings is made, .{ which record Includes'! the testimony and evi dence upon which thel appeal is based. BOARD COMMISISONERS O U N T Y COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIR - DWIGHT E. BROCK, By: Ann Jennelohn, Dep- uty Clerk NOV. 27 No.1265844 MEMORANDUM Date: December 15, 2005 To: Mike Bosi, Principal Planner Utilities Billing From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution: 2005 -432 Enclosed please find one (1) copy of each documents referenced above, (Agenda Item #7A) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you Enclosure(s) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 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 exception of the Chairman's signature, draw a line through routine lines # l through #4 complete the nhPnkfist nn 1 fn ,d to c, P Pa.— n;-. P<� Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial 2 Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. i 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.) Name of Primary Staff h ✓ Phone Number N/A (Not Contact appropriate. (Initial Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC i Type of Document Attached by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 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, 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 Board4 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. Mti 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 �n time frame or the BCC's actions are nullified. Be aware of your deadlines! r IJ 6. The document was approved by the BCC on , 2- (') 0 � (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for Count Attorne 's Office has reviewed the changes, if applicable. line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 7A RESOLUTION 05- 4 3 2 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA- 2005 -AR -8010, FOR AN AFTER- THE -FACT VARIANCE FOR A 5.3 -FOOT ENCROACHMENT INTO THE REQUIRED 10 -FOOT REAR YARD (ACCESSORY) SETBACK, AS APPLICABLE TO A SCREEN ENCLOSURE ON A WATERFRONT LOT, LEAVING A 4.7 -FOOT REAR YARD ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after - the -fact variance for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7 -foot rear yard as shown on the attached plot plan, Exhibit "A ", in an RSF -3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2004 -AR -8010 filed by Clay C Brooker, Esquire, representing James R And Margaret H Fornear with respect to the property hereinafter described as: Unit 1 Replat, Lot 7, Block C, Conners Vanderbilt Beach Estates, as recorded in Plat Book 3, Pages 8 and 9, Collier County, Florida. Be and the same hereby is approved for an after - the -fact variance for a 5.3 -foot encroachment into the required 10 -foot rear yard (accessory) setback, as applicable to a screen enclosure on 7A' a waterfront lot, leaving a 4.7 -foot rear yard as shown on the attached plot plan, Exhibit "A ", of the RSF -3 Zoning District wherein said property is located, subject to the following conditions: 1. The variance granted is limited to the after- the -fact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated November 18, 2003. This site plan is included as Exhibit A; 2. The property owner shall obtain a building permit for the screen enclosure in the location authorized by this Variance petition. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2005 -AR -8010 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 13th day of December, 2005. ATTEST: DWIGHT E. BROCK, CLERK a, to chb- w` Appfd!!"14 - s to Fof`ia and Legal S `tff�1Cizncy:'1 Mar org k Student - Stirling Assistant County Attorney VA- 2005- AR- 80101MB /sp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 1r LJ . C,� FRED W. COYLE, CHAIRMAN s� 2 II 1 II II it V ! 111m;(Jitlip. N " ., � I is 47 ES HJ re I 2n I FJI COLLIER COUNTY FLORIDA 8 A 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.) %y[�1 Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Kay Deselem, AICP Date: 10_A(_65- D-A(_ 6 S Petition No. (If none, give brief description): RZ- 2005 -AR -7276, Briana Breeze Subdivision Petitioner: (Name & Address): TurrelI & Associates, Inc., Tim Hall, 3584 Exchange Ave., Suite B, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mario Curiale, 845 Bald Eagle Dr., Marco Island, FL 34134 Hearing before BCC BZA Other Requested Hearing date: December 13 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: RZ- 2005 -AR -7276, Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family IRSF -4(3)1 zoning district to allow a maximum of 15 single - family residential dwelling units to be developed on the subject 7.29 acres, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 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: L Approved by: 11 oS 1p6partment Head ate 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: .- UUMILy cnauagcr agenaa rile: ro Kequesting lllvision Originat UTer S Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. t, t+ t«, r«****. �a�*, t**, r«***,►*****, r*** �****** �** �** �„ r, r,►*****, r«**+ r* r,►** �****+ e**, r*, t* w,e * *,r,r * * * *w *r «,� «r• «r,r * * « *w FOR CLERK'S OFFICE USE ONLY: Date Received: JT5Date of Public hearing: (G" I j - �3 Date Advertised: I I "27" 05 I u+=g Su IJ All ORDINANCE NO. 05 — AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED 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 SUBJECT PROPERTY LOCATED AT 255 PRICE STREET IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RSF- 4(2.1) RESIDENTIAL, SINGLE -FAMILY ZONING DISTRICT TO ALLOW 15 SINGLE - FAMILY LOTS FOR A PROJECT KNOWN AS BRIANA BREEZE WITH ASSOCIATED ROADS, STORMWATER POND AND WETLAND PRESERVE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tim Hall of Turrell & Associates, Inc., representing Southern Development Company; Inc., the property owner, petitioned the Board of County Commissioners, in Petition No. RZ- 2005 -AR -7276, to change the zoning classification of the heroin 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 subject real property, as more particularly described by Exhibit "A' attached hereto and incorporated by reference herein, and located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from the Agricultural (A) Zoning District to the Residential Single - Family [RSF- 4(2.1)] Zoning District to allow 15 single - family lots with associated roads, stormwater pond and wetland preserve. The appropriate zoning atlas map or maps, as described in Ordinance 2004 -41, as amended, the Collier County Land Development Code is/are hereby amended accordingly. The herein described zeal property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein and references made to the Site Plan, attached as Exhibit "C ". This Ordinance shall become effective upon filing with the Department of State. Pago 1 of 2 PASSED AND DULY ADOP'T'ED 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: FRED W. COYLE, CHAMMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY MarjorA M. Student-Stirling Assistant County Attorney R7- 2M•AR-n76Vnr$P Page 2 of 2 Legal Description for Briana Breeze Rezone RZ- 2005 -AR -7672 Located in Section 4, Township 51, Range 26 east, the E' /z of the NE' /4 of the NW' /4 of the NW ' /4, Less the south 30 feet for right -of way on the south side, 4.90 acres. And Located in Section 4, Township 51, Range 26 east, the E' /z of the W %z of the NE V4 of the NE1 /4 of NW '/4 , less the south 30 feet for right -of -way, 2.39 acres. Exhibit "A" BRIANA BREEZE REZONE 8 RZ- 2005 -AR -7276 CONDITIONS OF APPROVAL 1. The residential development is limited to a maximum of 15 single - family dwelling units. 2. Prior to any County development approvals, the Developer shall provide County Environmental Review Staff the Unified Mitigation Assessment Method (UMAM) scores that were accepted by South Florida Water Management District (SFWMD). If results indicate a score greater than 0.7, the preserve area locations are subject to County re- evaluation and reassessment as to what areas will be preserved prior to issuance of any development approvals. 3. As to environmental parameters, the subject property shall be developed substantially in compliance with the site plan included as part of the Environmental Impact Statement (EIS). However, the site plan is designed to illustrate environmental issues only. The site plan does not exempt the project from any other regulations. The project shall be developed in full compliance with all applicable County, state and federal regulations in effect at the time a development request is submitted. 4. The developer shall obtain a surface water management permit from SFWMD prior to the County's approval of the site plan. 5. Prior to the issuance of the first Certificate of Occupancy, the developer shall construct a six foot high chain -link fence along the entire north property line. 6. Single - family residences within the project shall be no less than 1,600 square feet of habitable space. Revised 11/9/05 Conditions of Approval Exhibit B RZ- 2005 -AR -7276 :a • • Dwight E. Brock Clerk of Courts November 17, 2005 'Caulnty- -©f Collier CLERK OF TAI CIRCUIT COLLIER COUNTY URTI,OL 3301 TAMIAMI T IL EAT P.O. BOX 415044 NAPLES, FLORIDAI3j101 -304 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ- 2005 -AR -7276 Briana Breeze Subdivision Dear Legals: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please advertise the above referenced notice on Sunday, November 27, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, 41,LQ4 0-t- Michelle Morales, Deputy Clerk P.O. /Account # 113- 138312 - 649110 Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl.us NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 13, 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 COMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED 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 SUBJECT PROPERTY LOCATED AT 255 PRICE STREET IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RSF- 4(2.1) RESIDENTIAL SINGLE - FAMILY ZONING DISTRICT TO ALLOW 15 SINGLE - FAMILY LOTS FOR A PROJECT KNOWN AS BRIANA BREEZE WITH ASSOCIATED ROADS, STORMWATER POND AND WETLAND PRESERVE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Petition RZ- 2005 -AR -7276, Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF -4(3)] zoning district to allow a maximum of 15 single - family residential dwelling units to be developed on the subject 7.29 acres, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 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 prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted 8 A 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: Michelle Morales, Deputy Clerk (SEAL) Michelle A. Morales From: ClerkPostmaster Sent: Friday, November 18, 2005 8:56 AM To: Michelle A. Morales Subject: Delivery Status Notification (Relay) Attachments: ATT619276.txt; RZ- 2005 -AR -7276, Briana Breeze Subdivision 8 aft LLJ AT'619276.txt RZ- 2005 -AR -7276, (427 B) Briana Breeze... 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 8A� From: System Administrator [postmaster @naplesnews.com] Sent: Friday, November 18, 2005 8:56 AM To: Michelle A. Morales Subject: Delivered: RZ- 2005 -AR -7276, Briana Breeze Subdivision Attachments: RZ- 2005 -AR -7276, Briana Breeze Subdivision LI RZ- 2005-AR -7276, Briana Breeze... <<RZ- 2005 -AR -7276, Briana Breeze Subdivision >> Your message To: legals @naplesnews.com Subject: RZ- 2005 -AR -7276, Briana Breeze Subdivision Sent: Fri, 18 Nov 2005 08:55:32 -0500 was delivered to the following recipient(s): legals on Fri, 18 Nov 2005 08:55:44 -0500 1 Michelle A. Morales 8 A From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Friday, November 18, 2005 10:42 AM To: Michelle A. Morales Subject: RE: RZ- 2005 -AR -7276, Briana Breeze Subdivision OK • - - - -- Original Message - - - -- • From: Michelle A. Morales • [mailto: Michelle .Morales @clerk.collier.fl.us] • Sent: Friday, November 18, 2005 8:56 AM • To: legals @naplesnews.com • Subject: RZ- 2005 -AR -7276, Briana Breeze Subdivision > << Message: Untitled Attachment >> << File: RZ- 2005- AR- 7276.doc >> > File: RZ- 2005- AR- 7276.doc >> 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX_ 413 016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59141252 RZ- 2005- AR- 7276NOTIC 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 attaci.ed 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: 11/27 11/27 RZ- 2005 -AR -7276 Cpl OFNANCE Notice Is hereby given that on Tuesday, No- Bo r!o�om?3rcl Floor,,) Administration Building, Collier County Govern-', ment'Centteer, 33p1 Easti Tamlami Trali, Naples, Florida, the Board of County,, pmmissioners will der the enact - ment of a County Ordi- nance. The meeting will commence at 9;00 A,M. The title of the pro -, u ed Ordinance Is as BOARDINO ORDINANCE OF COMISSIO OF COL• i LIER COU FLORIDA AMENDING OhDINANCE NUMBER 2004 -41, AS AMENDED THE COLLIER COUNTY LAND DEVEL- COUNTY, FLOIILIA, FROM THE AGRICUL- TURAL 2.1iIG TO THE F () RESIDENTIAL SINGLE - FAMILY ZONING DIS- TRICT TO ALLOW 15 SIN- STAFF ANDYP ANNING COMMISSION ROVIDING AD SPACE: 167.000 INCH FOR AN EFFECTIVE FILED ON: 11/28/05 DATE - -- ------------------------- Signature of Affiant _ _ ____f _ Sworn to and Subscribed before me thisday of%l°ZJ _ 205 Personally known by me 8 !`7 Petition RZ.2005•AR- 7276, Southern Develop- ment Company, reppre- sented by Tim HaH,• of Turrell & Associates, Inc., Is requesting a re- zone from the AitriCul• tural (A) zoning district to the Residential Sin - gle•Famliy [RSF -4(3)] zoning district to allow a maximum of 15 single- family residential dwell- ing units to be devel• oped on the subject 7.29 acres, which equates to a density of 2.1 dwelling uup��nits per acre. The 255pPrice Strain Sec- tion 4, Township 51 South, Range 26 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 I aaenda Item must regis- ter On Oil tI y item. The selec- tlon 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 - item to speak on and Persons wishing to have' writtCCn or graphic 'a terial3 Included in the Board agenda packets terial a mninimum f 3" weeks prior to the re- n anYYivcase bwritten tuna terials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to thei public hearing.pp All ma- tions befodrenA Board' will become a perma. nent part of the record. Any person who decides to appeal a decision of the Booaard willll need a re- ce Paining there odand therefore, may need to record of the proceed Ings Is made, which re- cord Includes the testi- mony and evidence upon which the appeal Is based. BOARD OF COUNTY; r;y COMMISSIONERS CO LIER COUNTY, T 5�� FXPIR�` FLOIYIDA v? LFtRApE��yyD W. COYLE, CHAIR- Dyif'IGHT E. BROCK, CLERK _ C e'eklle Morales, Nov. 27 No. 1266819 December 13, 2005 Tonya Rae Webb 1069 Bonita Ct. Marco Island, FL 34145 RE: Brianna Breeze Development Members of the County Commissioners: I am an owner of property on Price St. and I am in favor of the Brianna Breeze project. There is a desperate need for moderately priced homes and I feel that the Price St. area would serve this need well. In addition, I feel that this project would raise the value and demand for the surrounding properties. Please allow the variances or whatever is needed to ensure that this development moves forward. Sincerely,, r� r1 Tonya Rae Vebb RZ- 2005 -AR -7276 AFFIDAVIT !a /!� P We /I, Mario Curiale, as President of Southern Development Company, Inc., a Florida corporation, being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of ' the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Tim Hall of Turrell & Associates and Christopher J. Thornton, Esq., of Treiser, Collins & Vernon, to act as our /my representative in any matters regarding this Petition. Southern Development Company, Signature of Property Owner Mario Curiale, As President Typed or Printed Name of Owner X) eff Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this f nc� day of November, 2005, by Mario Curiale as President of Southern Development Company, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me er has State of Florida (Signature o tar P lic - St e of _ County of Collier Florida)` "1 3 ��""� MARY JO WOJCIECHOWSKI n� coMM}ss�ox a oD3so�5 (Print, Type, or Stamp Commissioned FJ{PIRES: February 15, 2IXK> Name of Notary Public) I ORIGINAL DOCUMENTS CHECKLIST & ROUTIN SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT O 8A 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 # 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 CDES Administration (Initial) Applicable) 2. December 13, 2005 Agenda Item Number 8A 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, 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 Deselem Phone Number 213 -2931 Contact ap ro riate. (Initial) Applicable) Agenda Date Item was December 13, 2005 Agenda Item Number 8A 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 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 ap ro riate. (Initial) Applicable) I . 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 aw re f our deadlines! 6. The document was approved by the BCC on 3 G (enter date) and all changes made during the meeting have been incorporated in the attached document. The C ttorne '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 k gq � MEMORANDUM , Date January 5, 2006 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -433: Briana Breeze Resolution of Denial Enclosed please find one (1) copy of the document, as referenced above, Agenda Item # 8A, which was approved by the Board of County Commissioners on Tuesday, December 13, 2005. The Minutes and Records Department has retained the original for the public record. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure RESOLUTION NO. 05— 4 3 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED 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 SUBJECT PROPERTY LOCATED AT 255 PRICE STREET IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RSF - 4(2.1) RESIDENTIAL SINGLE - FAMILY ZONING DISTRICT TO ALLOW 15 SINGLE - FAMILY LOTS FOR A PROJECT KNOWN AS BRIANA BREEZE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of rezoning requests; and WHEREAS, the Board of County Commissioners, being the duly elected and lawfully constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a rezoning from the Agricultural (A) Zoning District to the Residential Single - Family [RSF- 4(2.1)] Zoning District to allow development of 15 single - family lots in a project to be ]mown as Briana Breeze for the property hereinafter described in Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have not been made concerning all applicable matters required by said regulations for the reasons set forth in the record of the proceedings before the Board; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida, that: Petition RZ- 2005 -AR -7276, filed by Tim Hall of Turrell & Associates, Inc., representing Southern Development Company, Inc., the property owner, with respect to the request to rezone from the Agricultural (A) Zoning District to the Residential Single - Family [RSF- 4(2.1)] Zoning District to allow development of 15 single - family lots for a project to be known as Briana Breeze, be and the 8a same hereby is DENIED for the reasons set forth in the record of the proceedings before the Board of County Commmissioners. BE IT RESOLVED that this Resolution relating to Petition Number RZ- 2005 -AR -7276 be recorded in the minutes of this Board. This Resolution adopted after motion, second and super - majority vote. Done this day of --[-� y _ , 2005. ATTEST: DWIGHT E. BROCK, CLERK Legf'- Suf1c}encj�:fit'` "£ Marjo M. Student - Stirling r Assistant County Attorney Attachment: Exhibit "A" —Legal Description BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CWHAM N Item # _ Date Date l tt y 1 J i Date I Recd , O4� r Legal Description for Briana Breeze Rezone RZ- 2005 -AR -7276 Located in Section 4, Township 51, Range 26 east, the E '/2 of the NE '/4 of the NW '/4 of the NW '/4, Less the south 30 feet for right -of way on the south side, 4.90 acres. And Located in Section 4, Township 51, Range 26 east, the E %2 of the W %2 of the NE '/4 of the NE1 /4 of NW '/4 , less the south 30 feet for right -of -way, 2.39 acres. Exhibit "A" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: OSH /CDES Person: Cormac Giblin Date: 12/22/05 Petition No. (If none, give brief description): Ordinance to update the functions & terms of the Affordable Housing Commission. AHC Petitioner: (Name & Address): Cormac Giblin, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Cormac Giblin, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34104 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 12/13/05 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ® Legally Required Proposed Text: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION; APPOINTMENT AND COMPOSITION; TERM OF OFFICE; FUNCTIONS POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost'? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 191 - 138785- 649100- 442061 Administrator or Designee Date Attachments: See Attached 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: Il hEi _5 Date of Public hearing: RIG A5 Date Advertised: IZIZ O5 M Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION; APPOINTMENT AND COMPOSITION; TERM OF OFFICE; FUNCTIONS., POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners Board on April 4, 19891 adopted Resolution No. 89 -87 creating an Affordable Housing Task Force as an ad -hoc committee for a period not to exceed one (1) year; and WHEREAS, the final report of the Affordable Housing Task Force recommended the creation of an Affordable Housing Commission as a permanent advisory board which now exists; and WHEREAS, Collier County Ordinance No. 86 -41, codified as § 2, Article VIII, Division 9 of the Code of Law and Ordinances sets forth the requirements for creating County advisory boards; and WHEREAS, both the County Commission and the Naples City Council have recognized that affordable housing is a county -wide issue and that continuing City- County coordination is advantageous to the citizens of Collier County as a whole through a review of the applicable provisions of § 2, Article VIII, Division 9 of the Code of Law and Ordinances; and WHEREAS, it is the desire of the Board of County Commissioners to amend certain sections of the Code of Laws pertaining to the-Affordable Housing Commission including the Appointment and Composition and Functions, Powers and Duties of the Commission. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment of Sections of Chapter 2. The following Articles, Divisions, and Sections of Chapter 2 of the Code of Laws and Ordinances are amended as follows: Page 1 of 5 Underlined text is added; strike thf-eugh text is deleted DIVISION 9. AFFORDABLE HOUSING COMMISSION* *Cross references: Buildings and building regulations, ch. 22; social services, ch. 114; housing initiatives partnership (SHIP) program, § 114 -56 et seq. Land development code reference -- Housing and urban improvement department, div. 5.12. Sec. 2 -966. Created. The affordable housing commission (hereinafter referred to as the "commission ") is hereby created. Sec. 2 -967. Appointment and composition. (a) The commission shall be composed of nine voting members and one alternate member, of which the board of county commissioners shall appoint sip ei t members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. and The Naples City Council shall appoint €eef two members. The alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. (b) Members of the commission appointed by the board of county commissioners shall serve at the pleasure of the board of county commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of the county. (c) Appointment of members to the commission shall be by resolution of the board of county commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and the term of office. Sec. 2 -968. Terms of office. (a) The initial terms of office of the affordable housing commission members shall be as follows: (1) The board of county commissioners shall appoint: a. Two members to serve for one year. b. One member to serve for two years. c. T-w-e Four members to serve for three years. (2) The Naples City Council shall appoint: Page 2 of 5 Underlined text is added; stfike flifetigh text is deleted ea. One Two members to serve for three years. (b) Thereafter, each appointment or reappointment shall be for a term of three years. A member of the commission may be reappointed by the board of county commissioners or the Naples City Council, as applicable, for one successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the commission shall be for the remainder of the unexpired term of office. * * * * * * * * * * Sec. 2 -972. Functions, powers and duties. The functions, powers and duties of the affordable housing commission shall be as follows: (1) The commission shall monitor the implefnefAafien and advise the Board of County Commissioners and the City Council regarding the goals, objectives, and policies of the County's Housing Element in the County's Growth Management Plan and the City's Comprehensive Plan, and any other program, means, or directives which would assist or encourage the provision of Affordable Housing in Collier County and its municipalities. of the affordable hausing task fefee's (41) The commission shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the Housing Element of the Growth Management Plan of Collier County. (5 3) The commission shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the board of county commissioners and the Naples City Council, as appropriate. The commission shall review and comment on the Cuonty's Federal Entitlement Grant Programs ms, policies, and proposals. (5) The commission shall receive a presentation from all applicants seeking rezoning approval by the Board of County Commissioners. (6) The commission shall investigate any other relevant areas so directed by the board of county commissioners. Sec. 2 -973. Duties of department heads. The duties of the Operational Support and Housing director and the Naples Community Development Director, or their designees, shall be: Page 3 of 5 Underlined text is added; stye -thy text is deleted • (1) To administer the activities of the affordable housing commission in accordance with established policies of the board of county commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports to the commission, the county administrator, the city manager, the Naples City Council and the board of county commissioners on the growth management plan of each jurisdiction. (3) To attend all commission meetings. Sec. 2 -974. Review process. This affordable housing commission shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in division 2 of this article. Secs. 2- 975 - -2 -985. Reserved. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. if any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. Page 4 of 5 Underlined text is added; strike thfaugh text is deleted • l PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this day of 12005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY FLORIDA CLERK OF COURTS DEPUTY CLERK FRED W. COYLE, CHAIRMAN Approved as to legal form sufficiency: A (I po':� Patrick G. ite Assistant County Attorney Page 5 of 5 Underlined text is added; strike thfough text is deleted November 23, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Affordable Housing Commission Ordinance Amendment Dear Legals: Please advertise the above referenced notice on Friday, December 2, 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 P.O. /Account # 191 - 138785- 649100 - 442061 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 13, 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 CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION; APPOINTMENT AND COMPOSITION; TERM OF OFFICE; FUNCTIONS, POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN 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 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 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 COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk M B Ann P. Jennejohn To: legals @naplesnews.com Subject: Affordable Housing Commission Ordinance Attachments: Amending Ordinance 91- 65.doc; AMEND ORD 91- 65.doc Good Morning, Please advertise the attached on Friday, December 2, 2005. i� Amending AMEND ORD Thanks! dinance 91- 65.doc (91- 65.doc (23 KB) Ann 8 B Ann P. Jennejohn - From: ClerkPostmaster Sent: Wednesday, November 23, 2005 10:19 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT1184677.txt; Affordable Housing Commission Ordinance EJ LJ ATT1184677.txt Affordable Housing (229 B) Commission ... 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 88 From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, November 23, 2005 10:19 AM To: Ann P. Jennejohn Subject: Delivered: Affordable Housing Commission Ordinance Attachments: Affordable Housing Commission Ordinance LI Affordable Housing Commission ... «Affordable Housing Commission Ordinance>> Your message To: legals @naplesnews.com Subject: Affordable Housing Commission Ordinance Sent: Wed, 23 Nov 2005 10:19:11 -0500 was delivered to the following recipient(s): legals on Wed, 23 Nov 2005 10:19:21 -0500 1 Affordable Housing Commission Ordinance Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, November 23, 2005 10:41 AM To: Ann P. Jennejohn Subject: RE: Affordable Housing Commission Ordinance OK - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 23, 2005 10:19 AM To: legals @naplesnews.com Subject: Affordable Housing Commission Ordinance Good Morning, Please advertise the attached on Friday, December 2, 2005. Thanks! <<Amending Ordinance 91- 65.doc>> <<AMEND ORD 91- 65.doc>> Ann 11/23/2005 Page 1 of 1 a� Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- +---------------------- - - - - -- OP I TO Hare lotice Is hereby given hat on Tues ay, De- ember 13, 2 005, in the ;;Pmer county Govern. ,hfent Center, 3301 East Tamlaml Trail Naples Florida, the board of County Commissioners BOARD OF COUNTY COMMISSIONERS will consider the enact. CHERI LEFARA ment of a County Ordl. nance. The meeting will PO BOX 413 016 commence A.M. NAPLES FL 34101-3016 o hoe r `posed Ordinance Is as follows: `AN ORDINANCE OF THE BDARD OF COUNTY COMMISSIONERS OF REFERENCE: 001230 19113878564910044206 COLLIER COUNTY, FLORIDA, AMENDING 59143677 NOTICE OF INTENT TO - CHAPTER 2, ARTICLE " "ill, DIVISION g OF THE 'CODE OF LAW AND OR- State of Florida DINANCES DERIVED County of Collier ASDAMEENDED,, PER�TRa N' Before the undersigned authority, personally pING TO HE AFFORD4- appeared B. Lamb, who on oath says that she serves SION; APPOINTMENT as Assistant Corporate Secretary of the Naples -AND COMPOSITION: Daily News, a daily newspaper published at Naples, TERM OF OFFICE; FUNC- TIONS. POWERS AND in Collier County, Florida: that the attached DUTIES OF THE COMMIS- copy of advertising was published in Said SION• PROVIDING FOR CONFLICT AND SEVERA- newspaper on dates listed. BMITY; PROVIDING FOR Affiant further says that the said Naples Daily INCLUSION IN THE CODE ' OF LAWS N D • News is a newspaper published at Naples, in said NANCES; A NAD PROORDIVID- Collier County, Florida, and that the said ING FOR AN EFFECTIVE DnTE newspaper has heretofore been continuously published in said Collier County, Florida, each Copies of the proposed day and has been entered as second class mail ordinance are on file with the Clerk to the matter at the post office in Naples, in said Board and are available Collier County, Florida, for a period of 1 year for inspection. All War- ested parties are Invited next preceding the first publication of the to attend and be heard. attached copy of advertisement; and affiant NgTE: All persons wish - further says that she has neither paid nor Ing to speak on any promised an person, firm or corporation an P Y P P Y Ada item must regis• ter with the County Ad- discount, rebate, commission or refund for the m aattor pd r to pre - purpose of securing this advertisement for miinl item to be the agenda publiction in the said newspaper. Individual speakers will PUBL I SHED ON: 12/02 12/02 Comm any Rem. The seiec- tlon of an Individual to speak on behalf of an organization or group Is encouraged. ii recog- nized by the Chairman, a spokesperson, for a groupp or organization may be allotted 10 min- AD SPACE: 122.000 INCH utes to speak on an Rem. FILED ON: 12/02/05 ----- - --- ----- ------ - - ------------------ - - - - -- - - -- Persons wishing to, have written or graphic materials included In Signature of P_ff.ianr the Board agenda pack- ets must submit said —� c G - —" day_ o f ,�.J ec__ S material a minimum of 3 weeks prior to the re- spective public hearing. In an YY case, written me- terlals Intended to be Personally known by me w : considered by the Board "shall be submitted to the appropriate Count y' staff a minimum of sev- en daYS prior to the pudic hearMg. Ail ma- ter al used In presenta- tions before the Board will_b�,ome a perms- nent part of the record. _ y Any person who decid- es to appeal a decision r(J J.alsS yFiF,';• of•the Board wUI need a record of the proceed - Ings pertaining thereto ` and therefore, may ` need to ensure that a verbatim record of the proceedings is made,� which record Includes the testimony and evi. dente upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK,i CLERK By: Ann Jennelohn, Dep- uty Clerk DeC 2 N,O�, 715 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: i Originating Dept/ Div: OSH /CDES Person: Cormac Giblin Petition No. (If none, give brief description): Ordinance to eliminate the Citizens Advisory Task Force (CATF) Petitioner: (Name & Address): Cormac Giblin, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Cormac Giblin, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34104 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other 12/13/05 ® Legally Required Date: 12/22/05 Proposed Text: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE II, DIVISION 2 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 90 -60, AS AMENDED, PERTAINING TO THE CITIZENS ADVISORY TASK FORCE; ELIMINATING THE TASK FORCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 191 - 138785- 649100442061 Reviewed by: Div' io Administrator or Designee Date Li ttachments: See Attached 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 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: 11 ?,Z 05 Date of Public hearing: (d(3/05— O Date Advertised: (Z 8B "no Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE II, DIVISION 2 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 90 -60, AS AMENDED, PERTAINING TO THE CITIZENS ADVISORY TASK FORCE; ELIMINATING THE TASK FORCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has adopted Resolution No. 85 -236 creating a Citizens Advisory Task Force; and WHEREAS, Collier County Ordinance No. 90 -60 previously set forth the requirements, functions, power, and duties of the Citizens Advisory Task Force; and WHEREAS, the established mission for the Citizens Advisory Task Force is to review and make recommendations to the board of county commissioners relative to all phases of the small cities community development block grant program; and WHEREAS, Collier County has become a Federal Entitlement County and is no longer eligible to participate in, and no longer receives funding through, the Small Cities Community Block Grant Program; and WHEREAS, the public participation duties for the Federal Entitlement CDBG Program now rest with the Affordable Housing Commission; and WHEREAS, it is the desire of the Board of County Commissioners to amend certain sections of the Code of Laws and Ordinance in order to repeal provisions pertaining to the Citizens Advisory Task Force. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment of Sections of Chapter 42. The following Articles, Divisions, and Sections of Chapter 42 of the Code of Laws and Ordinances are amended as follows: Page 1 of 5 Underline text added; s#ilNe thi-zeugh text deleted .y.m ARTICLE II. CAIA t CITIES COMMUNITY DE 7E V 7rENT rT O 1 GRANT PROGRAM Reserved DIVISION 1. GENERALLY Reserved Secs. 42- 26 - -42 -3-5 55. Reserved. WILWI 11TA MAI P Y. See. 42 39. Remova! firom offlee; failur-e to attend meetings, effiee, with Page 2 of 5 Underline text added; strike thfeugh text deleted See. 42 39. Remova! firom offlee; failur-e to attend meetings, effiee, with Page 2 of 5 Underline text added; strike thfeugh text deleted Sam 42 4n Offiee_ o CiUT .f i c Ca '1rL` See. 42 42. anli duties. [!T1run0 , so N W.. 1 � 1 2 _ Y. go :. IN See. 42 42. anli duties. [!T1run0 , Page 3 of 5 Underline text added; strike *.c'r crf-eugh text deleted r 1 � 1 Page 3 of 5 Underline text added; strike *.c'r crf-eugh text deleted :i SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. Page 4 of 5 Underline text added; strike thf-eugh text deleted Work SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. Page 4 of 5 Underline text added; strike thf-eugh text deleted PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this ATTEST: DWIGHT E. BROCK CLERK OF COURTS DEPUTY CLERK Approved as to legal form ufficiency! vm-�& 44 Patrick G.Vhite Assistant County Attorney day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Page 5 of 5 Underline text added; strike thfough text deleted FRED W. COYLE, CHAIRMAN • I November 23, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: The Citizens Advisory Task Force Ordinance Dear Legals: Please advertise the above referenced notice on Friday, December 2, 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 P.O. /Account # 191 - 138785- 649100- 442061 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 13, 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 CHAPTER 42, ARTICLE II, DIVISION 2 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 90 -60, AS AMENDED, PERTAINING TO THE CITIZENS ADVISORY TASK FORCE; ELIMINATING THE TASK FORCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN 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 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 • 1 Ann P. Jennejohn To: Subject: legals @naplesnews.com Citizens Advisory Task Force Attachments: Amending Ordinance 90- 60.doc; AMEND ORD 90- 60.doc Hi again, Please advertise the attached on Friday, December 2, 2005. Thanks again, Ann Amending AMEND ORD dinance 90- 60.doc( 90- 60.doc(23 KB) Ann P Jennejohn _ 88 From: ClerkPostmaster Sent: Wednesday, November 23, 2005 11:05 AM To: Ann P. Jennejohn Subject: Delivery Status Notificati ) Attachments: ATT1185514.txt; Citizens Advisory Task Force D ILI ATT1185514.txt Citizens Advisory (229 B) Task Force 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 8 From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, November 23, 2005 11:05 AM To: Ann P. Jennejohn Subject: Delwered: Citizens Advisory Task Force Attachments: Citizens Advisory Task Force LI Citizens Advisory Task Force <<Citizens Advisory Task Force>> Your message To: legals @naplesnews.com Subject: Citizens Advisory Task Force Sent: Wed, 23 Nov 2005 11:05:10 -0500 was delivered to the following recipient(s): legals on Wed, 23 Nov 2005 11:05:10 -0500 1 Citizens Advisory Task Force Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, November 23, 2005 11:16 AM To: Ann P. Jennejohn Subject: RE: Citizens Advisory Task Force OK - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 23, 2005 11:05 AM To: legals @naplesnews.com Subject: Citizens Advisory Task Force Hi again, Please advertise the attached on Friday, December 2, 2005. Thanks again, 60.doc>> Ann 11/23/2005 <<Amending Ordinance 90- 60.doc>> Page 1 of 1 <<AMEND ORD 90- 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 19113878564910044206 59143720 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,, �n 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: 12/02 12/02 AD SPACE: 118.000 INCH FILED ON: 12/02/05 ------------------------------------------- ------- +---------------------- Signature of Affiant -/ Sworn to and Subscribed be ore me this a. — day of 20la-" Personally known by me Ccq)_L � NOTICE OF INTENT otice is hereby given iat on Tuesday, De- ember 13, 2005, In the oardroom, 3rd Floor, commtence at 9 :00 A.M. The title of the pro - posed Ordinance Is as follows: 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 wkh. the County ad- 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 groupp or orGanization may be nliotted 10 min - lutes to speak on an Persons wishing to )f 3 re- a mmrmum of sev- lays prior to the Ic hearing. All ma- I used In presents - before the Board become a perma. Part of the record. Person who andecision e_Board will need a may et a the testimony end evil dence upon which the app is eased. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk Dec. 2 _ No. 1269774 �� a 16+39 NOTICE OF INTENT otice is hereby given iat on Tuesday, De- ember 13, 2005, In the oardroom, 3rd Floor, commtence at 9 :00 A.M. The title of the pro - posed Ordinance Is as follows: 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 wkh. the County ad- 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 groupp or orGanization may be nliotted 10 min - lutes to speak on an Persons wishing to )f 3 re- a mmrmum of sev- lays prior to the Ic hearing. All ma- I used In presents - before the Board become a perma. Part of the record. Person who andecision e_Board will need a may et a the testimony end evil dence upon which the app is eased. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk Dec. 2 _ No. 1269774 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN4 S t TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT`TOUC 10 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. 'I he 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 signature. draw a line through routino lines V I - t- hro-- ah ta corn , .!... ...a...., . ,ti. „LN --A Route to Addressee(s) (List in routing order) ............,., u,....v Office waiu w ouc rums❑ Initials turle !fJ). Date Agenda Date Item was Approved by the BCC appropriate. Agenda Item Number Applicable) 2. p L/ (� ri i%i �- Number of Original Documents Attached 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, 5. Sue Filson, 9xecutive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 121-1 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 Contact C' 47J d(1 j /2 Phone Number N/A (Not Agenda Date Item was Approved by the BCC appropriate. Agenda Item Number Applicable) Type of Document Attached p L/ (� ri i%i �- Number of Original Documents Attached INSTRTJC'TtON.q Ar ru>F'rur TCrr 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 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 121-1 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 j L_e ter date) and all changes N/A is not made during the meeting have been incorporated in t e 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 9.03.04, Revised 1.26.05, Revised 2.24.05 188 Ordinance No. 2005- 68 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE II, DIVISION 2 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 90 -60, AS AMENDED, PERTAINING TO THE CITIZENS ADVISORY TASK FORCE; ELIMINATING THE TASK FORCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has adopted Resolution No. 85 -236 creating a Citizens Advisory Task Force; and WHEREAS, Collier County Ordinance No. 90 -60 previously set forth the requirements, functions, power, and duties of the Citizens Advisory Task Force; and WHEREAS, the established mission for the Citizens Advisory Task Force is to review and make recommendations to the board of county commissioners relative to all phases of the small cities community development block grant program; and WHEREAS, Collier County has become a Federal Entitlement County and is no longer eligible to participate in, and no longer receives funding through, the Small Cities Community Block Grant Program; and WHEREAS, the public participation duties for the Federal Entitlement CDBG Program now rest with the Affordable Housing Commission; and WHEREAS, it is the desire of the Board of County Commissioners to amend certain sections of the Code of Laws and Ordinance in order to repeal provisions pertaining to the Citizens Advisory Task Force. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment of Sections of Chapter 42. The following Articles, Divisions, and Sections of Chapter 42 of the Code of Laws and Ordinances are amended as follows: Page 1 of 5 Underline text added; strike thfough text deleted • 1 ARTICLE II. SMALL i i `I TI ' S COMMUNIT -V DEVELOPMENT BLOCI GRANT PROGRAM- Reserved DIVISION 1. GENERALL Reserved Secs. 42- 26-- 42 -3-5 55. Reserved. DIVISION 2. CITIZENS ADVISORTASK ORCE* Reserved Cam—' :.�.�: ♦.m - :n.:._:_::..:.:,:.�.�= a.:a.,:w CM- - - - - - Page 2 of Underline text added; strike thf-eugh text deleted See. 42 40. Offieer-&,-qiw-um; rules of . Page 3 of 5 Underline text added; strike thfou,gh. text deleted UOO = SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. Page 4 of 5 Underline text added; strike thf-eugh text deleted MMMIMM SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. Page 4 of 5 Underline text added; strike thf-eugh text deleted • y) • I PASSED AND DULY ADOPTED�by the by the Board of County Commissioners of Collier County, Florida this / , day of �)eej' " T005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F. J3R0CK COLLIER COUNTY FLORIDA CLERI.bF� s. SL as e Approved as to legal form uff'iciency: Patrick G. ite Assistant County Attorney By: Page 5 of 5 Underline text added; strike through text deleted FRED W. COYLE, CHAIRMAN 'y STATE OF FLORIDA) • r 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 -68 Which was adopted by the Board of County Commissioners on the 13th day of December, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of December, 2005. DWIGHT E. BROCK Clerk of Courts and,.Clplrk Ex- officio to B04�pf County Commissi,rs '� �• 1A,j By: Ann Jennel;hn;' Deputy Cler} ' •`�'v- J Ordinance No. 2005 -69 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE VIII, DIVISION 9 OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 91 -65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION; APPOINTMENT AND COMPOSITION; TERM OF OFFICE; FUNCTIONS POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners Board on April 4, 19891 adopted Resolution No. 89 -87 creating an Affordable Housing Task Force as an ad -hoc committee for a period not to exceed one (1) year; and WHEREAS, the final report of the Affordable Housing Task Force recommended the creation of an Affordable Housing Commission as a permanent advisory board which now exists; and WHEREAS, Collier County Ordinance No. 86 -41, codified as § 2, Article VIII, Division 9 of the Code of Law and Ordinances sets forth the requirements for creating County advisory boards; and WHEREAS, both the County Commission and the Naples City Council have recognized that affordable housing is a county -wide issue and that continuing City- County coordination is advantageous to the citizens of Collier County as a whole through a review of the applicable provisions of § 2, Article VIII, Division 9 of the Code of Law and Ordinances; and WHEREAS, it is the desire of the Board of County Commissioners to amend certain sections of the Code of Laws pertaining to the-Affordable Housing Commissionb cluding the Appointment and Composition and Functions, Powers and Duties of the Commission. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment of Sections of Chapter 2. The following Articles, Divisions, and Sections of Chapter 2 of the Code of Laws and Ordinances are amended as follows: Page I of 5 Underlined text is added; strike h text is deleted 88 $f�* DIVISION 9. AFFORDABLE HOUSING COMMISSION* "Cross references: Buildings and building regulations, ch. 22; social services, ch. 114; housing initiatives partnership (SHIP) program, § 114 -56 et seq. Land development code reference -- Housing and urban improvement department, div. 5.12. Sec. 2 -966. Created. The affordable housing commission (hereinafter referred to as the "commission ") is hereby created. Sec. 2 -967. Appointment and composition. (a) The commission shall be composed of nine voting members and one alternate member, of which the board of county commissioners shall appoint sip eight members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevards and one of those must be a resident of Immokalee. rand The Naples City Council shall appoint €euf two members. The alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. (b) Members of the commission appointed by the board of county commissioners shall serve at the pleasure of the board of county commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and electors of the county. (c) Appointment of members to the commission shall be by resolution of the board of county commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and the term of office. Sec. 2 -968. Terms of office. (a) The initial terms of office of the affordable housing commission members shall be as follows: (1) The board of county commissioners shall appoint: a. Two members to serve for one year. b. One member to serve for two years. c. Two Four members to serve for three years. (2) The Naples City Council shall appoint: Page 2 of 5 Underlined text is added; strike- thfough text is deleted LOO f ea. One Two members to serve for three years (b) Thereafter, each appointment or reappointment shall be for a term of three years. A member of the commission may be reappointed by the board of county commissioners or the Naples City Council, as applicable, for one successive term. Provided, however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the commission shall be for the remainder of the unexpired term of office. Sec. 2 -972. Functions, powers and duties. The functions, powers and duties of the affordable housing commission shall be as follows: (1) The commission shall monitor the ifliple ent `ien and advise the Board of County Commissioners and the City Council regarding the goals objectives and policies of the County's Housing Element in the County's Growth Management Plan and the City's Comprehensive Plan and any other program means or directives which would assist or encourage the provision of Affordable Housing in Collier County and its municipalities of the of a he - trip- f hem (4 2) The commission shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the Housing Element of the Growth Management Plan of Collier Countv. (5 3) The commission shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the board of county commissioners and the Naples City Council, as appropriate. The commission shall review and comment on the County's Federal Entitlement Grant Programs, policies and proposals. L5) The commission shall receive a presentation from all applicants seeking rezoning approval by the Board of County Commissioners (6) The commission shall investigate any other relevant areas so directed by the board of county commissioners. Sec. 2 -973. Duties of department heads. The duties of the Operational Support and Housing director and the Naples Community Development Director, or their designees, shall be: Page 3 of 5 Underlined text is added; strike thfough text is deleted WE L I (1) To administer the activities of the affordable housing commission in accordance with established policies of the board of county commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports to the commission, the county administrator, the city manager, the Naples City Council and the board of county commissioners on the growth management plan of each jurisdiction. (3) To attend all commission meetings. Sec. 2 -974. Review process. This affordable housing commission shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in division 2 of this article. Secs. 2- 975 - -2 -985. Reserved. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION THREE: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. Page 4 of 5 Underlined text is added; stfile dhfough text is deleted PIC 1011 PASSED AND DULY ADOPTED by the b�),thhe Board of County Commissioners of Collier County, Florida this day of ���i���005. ATTEST: BOARD OF COUNTY COMMISSIONERS R�WGII- T t . BROCK COLLIER COUNTY FLORIDA ,CURK - -.0F HURTS f a `f Y1f�iiIZK signature on),* Approved as to legal form sufficiency: Patrick G. ite Assistant County Attorney By: FRED W. COYLE, CHAIRMAN Page 5 of 5 Underlined text is added; strike thfaugh 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 -69 Which was adopted by the Board of County Commissioners th on the 13 day of December, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of December, 2005. DWIGHT E. BROCK ' •'n�r,� ,j�' Clerk of Courts and Ex- officio to Board,-of: County Commissioners F BY Ann J nej oh , Deputy Clerk W COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: i Originating Dept/ Div: OSH/CDES Person: Cormac Giblin Date: 12/22/05 Petition No. (If none, give brief description): Increase the SHIP loan amounts and update the provisions to reflect current practices. Petitioner: (Name & Address): Cormac Giblin, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Cormac Giblin, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34104 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other 12/13/05 ® Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 114, ARTICLE III OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 93 -19, AS AMENDED, PERTAINING TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING THESE PROVISIONS TO REFLECT CURRENT PRACTICES, ORGANIZATIONAL CHANGES, AND REQUIRING HOME INSPECTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost'? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 191- 138785- 649100- 442061 Reviewed by: Division Administrator or Designee Date i ist Attachments: See Attached DISTRIBUTION INSTRUCTIONS [T5 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 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: 22. /C' Date of Public hearing: tzff 65_ Date Advertised: 8C Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 114, ARTICLE III OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 93 -19, AS AMENDED, PERTAINING TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING THESE PROVISIONS TO REFLECT CURRENT PRACTICES, ORGANIZATIONAL CHANGES, AND REQUIRING HOME INSPECTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN rHE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act "), Section 420.907, et seq., Florida Statutes, Chapter 91 -37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and maintenance of affordable housing; and WHEREAS, Collier County has adopted Ordinance No. 93 -19, as amended, providing for a Local Housing Assistance Plan which is codified in Chapter 114 of the County's Code of Laws and Ordinances Code of Laws; and WHEREAS, the County, in Ordinance No. 94 -59, as amended, adopted a Down Payment/Closing Cost Assistance Program consistent with the Local Housing Assistance Plan which is codified in Chapter 114 of the Code of Laws; and WHEREAS, the County desires to amend the Down Payment/Closing Cost Assistance Program to better function in the current market conditions of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENT OF PORTIONS OF CHAPTER 144. Page 1 of 8 Underlined text added; StFike thmuo text is deleted 8C The following Articles and Sections of Chapter 114 of the Code of Laws and Ordinances are amended as follows: Sec. 114 -91. Introduction. In April of 1993, the Local Housing Assistance Program, (Collier County Ordinance No. 93 -19, as amended by Ordinance No. 93 -33) was adopted by the Collier County Board of Commissioners. This plan was designed for the purpose of establishing local administration of the State Housing Initiatives Partnership Program. (S.H.I.P.) The primary goal of this legislation is to increase 4;- sfease-the availability of affordable housing to very low and low- income persons and families in the county. Very low and low income persons are defined in is Collier County Ordinance No. 93 -19, and further amended by Collier County Ordinance No. 93- 31 as follows: (1) Low - income person means one or more natural persons or a family, not including; students, that has a total adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. (2) Very -low income person means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed 50 percent of the median adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. Income data for the Naples Metropolitan Statistical Area is supplied by the United States Department of Housing and Urban Development (HUD IFIWD), applicable to all of Collier County, and updated annually. The definition for "annual income" is found in 24 CFR, Section 813.106. Section W II of the Local Housing Assistance Program states that several different strategies will be employed for the administration and disbursement of S.H.I.P. funds. Strategy 44 A_, found on page 44 6 stipulates that a portion of the funds be distributed through a down payment/closing cost assistance program for very low and low income first time homebuyers. This strategy is more particularly described in Section V44 II C-, paragraph a A. The Collier County S.H.I.P. Down Payment/Closing Cost Assistance Program has been designed using this strategy as a framework, and conforms to all rules and guidelines governing the distribution of these funds. Assistance provided in conjunction with this program will be awarded to qualified applicants in the form of a zero percent interest, deferred payment loans of up to $50,000 $15,000.00 for the purpose of down payment/closing cost expenses and rehabilitation or emergency repairs to the subject dwelling unit. The funds will be distributed as follows: Purchasers of new homes which have had a certificate of occupancy for less than 12 months at time of application will not qualify for the rehabilitation /emergency repair under this program, but will be eligible for down payment/closing cost assistance of $50,000 $4000. Purchasers of existing homes with a certificate of occupancy over 12 months at Page 2 of 8 Underlined text added; stFike thsug# text is deleted 8C 1 time of application will qualify for the rehabilitation /emergency repair of $2,500 under this program along with the down payment/closing cost assistance of $47,500 $12,500. The note, with a total of up to $50,000 $15,000.00 will be secured by a second mortgage payable to the Affordable Housing Trust Fund, €mod -a 1, payable upon the sale of the dwelling unit, refinance, or loss of homestead tax exempt status. Sec. 114 -92. Marketing; outreach. (a) At least 30 days prior to the beginning of the application period, the county will advertise this program in both newspapers of general circulation and periodicals serving ethnic and diverse neighborhoods. It is anticipated that the vast majority of referrals for this program will be generated by non- profit organizations such as the Collier County Banking Partnership, or through local banks and mortgage brokers. (b) In order to comply with the Community Reinvestment Act, local area lending institutions are actively seeking ways in which to address the credit needs of the entire community. Ownership programs such as this serve as an appropriate vehicle for lenders to demonstrate their commitment to this legislation. As some participating institutions may exercise more flexible lending requirements than others, it is also possible for the partnership to act as an internal referral source, affording the potential borrower multiple opportunities at obtaining a first mortgage loan. Sec. 114 -93 Eligibility criteria; down payment/closing cost assistance. (a) Applicants will be recommended for this program through participating members of the Collier County Banking Partnership, banks, mortgage brokers, and other non - profit organizations committed to meeting the credit and housing needs of the entire community. Additionally, S.H.I.P. guidelines stipulate that the program and availability of funds be advertised in both newspapers of general circulation and periodicals serving ethnic and diverse backgrounds. Sec. 114 -95. Required documentation for down payment/closing cost assistance. (a) The following documentation will be required of all beneficiaries of this program. Documentation required for rehabilitation emergency repair assistance will be detailed in the following section. Packets will be available through the county department of FiRaRGial AdministFation and He Operational Support and Housing and at local lending institutions. (1) Sales contract. A copy of the fully executed sales contract and loan application (Fannie Mae) will be required from the applicant(s). The sales contract will verify the listed seller, sales price, and proposed closing date. The application will establish borrower information that will be further verified by other supporting loan documentation. A copy of the sales contract and application will be maintained in the borrowers permanent file. (2) Reservation form. Requests for reservation of funds will be made by the first mortgage lender through the use of this document. Information contained in the form relates to the borrower(s), financial institution and subject dwelling unit. It will be the responsibility of the first mortgage lender to provide a completed copy of this form to the county department of €+aafle+af Operational Support and Housing in Page 3 of 8 Underlined text added; stFike thFeug# text is deleted order to initiate the qualification process. A copy of the reservation form will be maintained in the borrower's permanent file. (3) Certification of financial institution. The officer of the financial institution underwriting the first mortgage loan will be required to execute this combined form before a notary public. The following information will be verified through the use of this form: a#. That all information regarding the applicant is true and correct. bs. The loan will conform to lending parameters as stated in the Certification of Participant form. cd. That all loan funds will be applied to the required down payment/closing cost or rehabilitation repair, and that the borrower not receive any loan funds in cash. A copy of the combined certification of participant/certification of financial institution will be maintained in the borrower's permanent file. (4) Mortgagor's certification and past residence. Applicant(s) must not have owned any home for a minimum of three consecutive years in order to qualify as first time homebuyers. This document can be used as verification of residence for the past three years, as well as providing information regarding current amount of rent, and current landlord. A copy of the mortgagor's certification and past residence will be maintained in the borrower's permanent file. (5) S.H.I.P. income certification. This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file. (6) S.H.I.P. Homebuyer Education certificate. Each applicant must attend a S.H.I.P. four hour homebuyer education class prior to closing. A copy of the S.H.I.P. homebuyer education certificate will be maintained in the borrower's permanent file. (7) Promissory note. The promissory note will detail the loan agreement established between the borrower and the Affordable Housing Trust Fund, relating to the funds for down payment/closing cost assistance and rehabilitation /emergency repair. The note will include details of the loan including, but not limited to: a. Borrower's promise to pay; b. Interest and payments; C. Borrower's right to repay; d. Charges; e. Subordination; f. Borrower's failure to pay as requested; Page 4of8 Underlined text added; stFike threugh text is deleted g. Obligation of persons under this note; 80 h. Waivers; Uniform secured note. The original promissory note is to be maintained in the borrower's permanent eR file in the county's department of Hewing Operational Support and Housing, and a copy will be maintained on file in the county's finance department. (8) Second mortgage. The second mortgage will be used as the security instrument for the promissory note, and will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage will be held maintained in the borrower's permanent file, in the county's department of Operational Support and Housing. Payment of fees associated with the recording of this document will be the responsibility of the borrower. (9) Third party verification. Third party verification of income will be necessary whenever the applicant states that any part of the household income is derived from public assistance, a government agency, or for formal verification of employment. The following sources of income will require formal third party verification by the financial institution underwriting the first mortgage loan: Including but not limited to, military payment, social security benefits, public assistance, pension and annuities, unemployment benefits, Veterans Administration benefits, educational assistance, income from business, recurring cash contributions, child support, and assets on deposit. MThis income verification information may be ewe represented on either Collier County S.H.I.P. forms or other documentation supplied by the lender used for underwriting purposes. While formal, written third party verification is always preferable, a memorandum to the file documenting the conversation with the third party will be acceptable. In such a case it is extremely important to specify the date, contact person, phone number, and address of the third party the conversation is conducted with. (10) Home Inspection. Purchasers of existing homes with a certificate of occupancy over 12 months old at the time of application will be required to have a home inspections completed by a licensed home inspection company. A copy of the home inspection will be maintained in the borrower's permanent file. Sec. 114 -96. Rehabilitation /emergency repair; eligibility criteria. (a) In order to be considered, applicants must meet the eligibility criteria for the down payment/closing cost assistance portion of this program. (b) Only construction, rehabilitation or emergency repair of affordable housing which is a permanent improvement to the home, including but not limited to: repairs or improvements which are needed for safe sanitary habitation, correction of substantial code violations, the creation of additional living space, and installation, repair, or replacement of any major goods, particularly appliances will qualify under this program. Page 5 of 8 Underlined text added; stFike through text is deleted (c) Purchasers of homes which have had a certificate of occupancy fo 1 r less 8C than 12 months at time of application will not qualify for rehabilitation /emergency repair under this program, but will be eligible for down payment/closing cost assistance loans of up to $50,000.00 $000:98. (d) Rehabilitation /emergency repair loans will be limited to $2,500.00 per home. Sec. 114 -97. Monitoring of rehabilitation /emergency repair work including goods purchases. (a) Information regarding the nature of the rehabilitation /emergency repair work to be performed or goods to be purchased will be compiled by the homebuyer. Abatement or correction of health and safety housing code violations are to be given priority over any rehabilitation work, addition of living space, or goods purchase. (b) For goods identified to be purchased, the borrower must submit a price quote to the county's FiRaRGial AdFniRi6#ati9R and He Operational Support and Housing department for approval prior to purchase. This estimate is to be approved by the borrower and a representative from the A# Operational Support and Housing Department prior to purchase or delivery. Thereafter, the Operational Support and Housing department may inspect the borrower's home for the approved goods to provide reasonable assurance that the approved goods were delivered and are in good working order. No funds will be disbursed prior to verification by the department of t=leas+ag Operational Support and Housing and inclusion of an itemized delivery slip or invoice from the approved goods supplier. (c) Rehabilitation /emergency repair work. (1) For rehabilitation /emergency repair work not requiring a building permit, the borrower has the option to either perform the rehabilitation work as an owner /builder, or to contract with a tradesman holding a certificate of a competency in Collier County in the specific trade corresponding to the type(s) of rehabilitation work be to performed. (2) For work requiring a building permit the borrower will be responsible for the selection of a Collier County or state licensed contractor who must perform the rehabilitation /emergency repair work. The contractor or tradesman who is selected must supply a detailed written estimate to the borrower. (3) Borrowers performing their own rehabilitation repair work must also submit a detailed cost estimate of materials to be purchased which must be approved by the county's department of FinallGial AdFn*niGtFatiE)n and Housing Operational Support and Housing prior to commencement of rehabilitation work. (4) A copy of the approved estimate will be maintained in the borrower's permanent file. Monitoring of the work to be performed by a tradesman or contractor will be the responsibility of the borrower. Contractual agreements made will be between the borrower and tradesman contractor. The county's department of FmRanGial AdFRiRiGtFat*E)R and He Operational Support and Housing will be provided with a copy of the signed contract and approved estimate for rehabilitation /emergency repair work, which will be maintained in the borrower's permanent file. Page 6 of 8 Underlined text added; etFiEe- t#reugh text is deleted r Y (5) Upon completion, any work requiring a building permit to be performed will be inspected by the county permitting and review department. All work performed not requiring a building permit and not requiring an inspection by the county permitting and review department may be inspected by the WGUSiRg Operational Support and Housing department to provide reasonable assurance that such work has been satisfactorily completed. (6) No funds will be disbursed prior to verification of satisfactory completion of rehabilitation /emergency repair work by the county's building and review department or #easiRg Operational Support and Housing department and inclusion of final invoice from a material or goods supplier and /or contractor or tradesman submitted to the county's €-iflaflsial Operational Support and Housing department. Sec. 114 -98. Required documentation for rehabilitation /emergency repair including goods purchases. (a) The following documentation will be required of all participants eligible, for rehabilitation /emergency repair loans: (1) Contractor/tradesman's, or materials, or goods purchase estimate. ,All work that is to be performed must be listed on this form. A copy of the approved estimate will be maintained in the borrower's permanent file. This form must be delivered to a representative of the county's department of Operational Support and Housing prior to the commencement of any rehabilitation /emergency repair work. Rehabilitation /emergency repair loans under this program will be made up to a maximum of $2,500.00. (2) Physical inspection. A copy of all required physical inspections conducted by the county permitting and review department, or the FiRaRGial AdministFation and He Operational Support and Housing department will be maintained in the borrower's permanent file. (3) Second mortgage. As described in the section detailing documentation required for down payment/closing cost assistance, the second mortgage will be used to secure the promissory notes. The second mortgage will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage or evidence the second mortgage was recorded will be maintained in the borrower's permanent file. ' ' Fees associated with the recording of this document are to be paid by the borrower. €+naflsial Admonostr-ateen and Housing depaFtMeRt. SECTION II: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with Page 7 of 8 Underlined text added; GtFiL thFOUgh text is deleted 8C" appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION III: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION IV: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the by the Board of County Commissioners of Collier County, Florida this ATTEST DWIGHT E. BROCK CLERK OF COURTS DEPUTY CLERK Approved as to legal form suffici ncy: Patrick G. hite Assistant County Attorney day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: FRED W. COYLE, CHAIRMAN Page 8 of 8 Underlined text added; sough text is deleted • November 23, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 93 -19: State Housing Initiatives Partnership Program Dear Legals: Please advertise the above referenced notice on Friday, December 2, 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 P.O. /Account # 191 - 138785- 649100 - 442061 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December 13, 2005,1in the8 C 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 CHAPTER 114, ARTICLE III OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 93 -19, AS AMENDED, PERTAINING TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING THESE PROVISIONS TO REFLECT CURRENT PRACTICES, ORGANIZATIONAL CHANGES, AND REQUIRING HOME INSPECTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN 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 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 Ann P. Jenne'ohn 8C To: legals @naplesnews.com Subject: SHIP Ordinance Attachments: Amending Ordinance 93- 19.doc; AMEND ORD.93- 19.doc Good Morning, Please advertise the attached on Friday, December 2, 2005. Amending Thanks! dinance 93- 19.doc Ann AMEND RD,93- 19.doc (23 KI 1 Ann P. Jennejohn From: ClerkPostmaster Sent: Wednesday, November 23, 2005 10:26 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT1184839.txt; SHIP Ordinance 3 L�J ATf1184839.txt SHIP Ordinance (229 B) s 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 8C Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, November 23, 2005 10:32 AM To: Ann P. Jennejohn Subject: Delivered: SHIP Ordinance Attachments: SHIP Ordinance LLJ SHIP Ordinance <<SHIP Ordinance>> Your message To: legals@naplesnews.com Subject: SHIP Ordinance Sent: Wed, 23 Nov 2005 10:31:23 -0500 was delivered to the following recipient(s): legals on Wed, 23 Nov 2005 10:32:22 -0500 1 SHIP Ordinance Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, November 23, 2005 10:43 AM To: Ann P. Jennejohn Subject: RE: SHIP Ordinance OK - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 23, 2005 10:31 AM To: legals @naplesnews.com Subject: SHIP Ordinance There was a typo in the notice attachment I just sent you. On the third line it reads "form" , while it should be "from" Sorry about that, I'm attaching a new notice <<AMEND ORD.93- 19.doc>> 11/23/2005 Page 1 of I III 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 December 2nd, 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 affiiant 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. ( Sigdature of affiant) Sworn to and subscribed before me This December 2nd, 2005 ignature of notary public) ';c �i ". •`; -6: . -t�Ji11E�tE i�'o_.S'G r,r; r a r NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereiby given that on Taesday, De- cember 13, 2005, In the Boardroom, 3rd Floor, nonce. me meetmg will commence at 9:00 A.M. The title of the pro - pposed Ordinance is as fO,lowS: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 114. ARTICLE 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 and.b to attend e heard. NOTE: All persons wish - ing to speak on any agenda item must regis- ter with the County ad- on any kern TFie septic: tion of an Individual to speak on behalf of an organization or roup is encouraged. If recog- nized by the Chairman, I spokesperson for a group or organization may be allotted 10 min - utes to speak on an Item. Persons wishing to have written or graphic materials Included In the Board agenda pack- ets must submit said material a minimum of 3 weeks ariar, to the re- es to arpppealYA d Cision of the Board will need a record of the proceed - Ings pertaining thereto, and therVore, may need to ensure that a verbatlrp record of the proceedings is made, which record includes the testimony and evi- dapencaai is which the BOARD bOOsFed.COUNTY COMMISSIONERS FC,LOLLLLIERCOUNTY,. FREDtiI W. COYLE, CHAIR- MAN DWIGHT E. BROCK, CLERK uty_Cl k lenmelohn Depn Am AN 8C Ordinance No. 2005- 70 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 114, ARTICLE III OF THE CODE OF LAW AND ORDINANCES DERIVED FROM ORD. NO. 93 -19, AS AMENDED, PERTAINING TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; UPDATING THESE PROVISIONS TO REFLECT CURRENT PRACTICES, ORGANIZATIONAL CHANGES, AND REQUIRING HOME INSPECTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act "), Section 420.907, et seq., Florida Statutes, Chapter 91 -37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development and maintenance of affordable housing; and WHEREAS, Collier County has adopted Ordinance No. 93 -19, as amended, providing for a Local Housing Assistance Plan which is codified in Chapter 114 of the County's Code of Laws and Ordinances Code of Laws; and WHEREAS, the County, in Ordinance No. 94 -59, as amended, adopted a Down Payment/Closing Cost Assistance Program consistent with the Local Housing Assistance Plan which is codified in Chapter 114 of the Code of Laws; and WHEREAS, the County desires to amend the Down Payment/Closing Cost Assistance Program to better function in the current market conditions of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENT OF PORTIONS OF CHAPTER 144. Page 1 of 8 Underlined text added; stFike thFOUgh text is deleted 8 C The following Articles and Sections of Chapter 114 of the Code of Laws and Ordinances are amended as follows: Sec. 114 -91. Introduction. In April of 1993, the Local Housing Assistance Program, (Collier County Ordinance No. 93 -19, as amended by Ordinance No. 93 -33) was adopted by the Collier County Board of Commissioners. This plan was designed for the purpose of establishing local administration of the State Housing Initiatives Partnership Program. (S.H.I.P.) The primary goal of this legislation is to increase 4 -srea the availability of affordable housing to very low and low- income persons and families in the county. Very low and low income persons are defined in is Collier County Ordinance No. 93 -19, and further amended by Collier County Ordinance No. 93- 31 as follows: (1) Low - income person means one or more natural persons or a family, not including; students, that has a total adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. (2) Very-low income person means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed 50 percent of the median adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. Income data for the Naples Metropolitan Statistical Area is supplied by the United States Department of Housing and Urban Development (HUD IPIWD), applicable to all of Collier County, and updated annually. The definition for "annual income" is found in 24 CFR, Section 813.106. Section W II of the Local Housing Assistance Program states that several different strategies will be employed for the administration and disbursement of S.H.I.P. funds. Strategy 43 A, found on page 44 6 stipulates that a portion of the funds be distributed through a down payment/closing cost assistance program for very low and low income first time homebuyers. This strategy is more particularly described in Section VII II G, paragraph a A. The Collier County S.H.I.P. Down Payment/Closing Cost Assistance Program has been designed using this strategy as a framework, and conforms to all rules and guidelines governing the distribution of these funds. Assistance provided in conjunction with this program will be awarded to qualified applicants in the form of a zero percent interest, deferred payment loans of up to $50,000 $45,000.00 for the purpose of down payment/closing cost expenses and rehabilitation or emergency repairs to the subject dwelling unit. The funds will be distributed as follows: Purchasers of new homes which have had a certificate of occupancy for less than 12 months at time of application will not qualify for the rehabilitation /emergency repair under this program, but will be eligible for down payment/closing cost assistance of $50,000 $15,000. Purchasers of existing homes with a certificate of occupancy over 12 months at Page 2 of 8 Underlined text added; 6tFike thmwo text is deleted NIT time of application will qualify for the rehabilitation /emergency repair of $2,500 under this program along with the down payment/closing cost assistance of $47,500 $12,000. The note, with a total of up to $50,000 $45,900:00 will be secured by a second mortgage payable to the Affordable Housing Trust Fund, FURd 1, payable upon the sale of the dwelling unit, refinance, or loss of homestead tax exempt status. Sec. 114 -92. Marketing; outreach. (a) At least 30 days prior to the beginning of the application period, the county will advertise this program in both newspapers of general circulation and periodicals serving ethnic and diverse neighborhoods. It is anticipated that the vast majority of referrals for this program will be generated by non- profit organizations such as the Collier County Banking Partnership, or through local banks and mortgage brokers. (b) In order to comply with the Community Reinvestment Act, local area lending institutions are actively seeking ways in which to address the credit needs of the entire community. Ownership programs such as this serve as an appropriate vehicle for lenders to demonstrate their commitment to this legislation. As some participating institutions may exercise more flexible lending requirements than others, it is also possible for the partnership to act as an internal referral source, affording the potential borrower multiple opportunities at obtaining a first mortgage loan. Sec. 114 -93. Eligibility criteria; down payment/closing cost assistance. (a) Applicants will be recommended for this program through participating members of the Collier County Banking Partnership, banks, mortgage brokers, and other non - profit organizations committed to meeting the credit and housing needs of the entire community. Additionally, S.H.I.P. guidelines stipulate that the program and availability of funds be advertised in both newspapers of general circulation and periodicals serving ethnic and diverse backgrounds. Sec. 114 -95. Required documentation for down payment/closing cost assistance. (a) The following documentation will be required of all beneficiaries of this program. Documentation required for rehabilitation emergency repair assistance will be detailed in the following section. Packets will be available through the county department of Operational Support and Housing and at local lending institutions. (1) Sales contract. A copy of the fully executed sales contract and loan application (Fannie Mae) will be required from the applicant(s). The sales contract will verify the listed seller, sales price, and proposed closing date. The application will establish borrower information that will be further verified by other supporting loan documentation. A copy of the sales contract and application will be maintained in the borrowers permanent file. (2) Reservation form. Requests for reservation of funds will be made by the first mortgage lender through the use of this document. Information contained in the form relates to the borrower(s), financial institution and subject dwelling unit. It will be the responsibility of the first mortgage lender to provide a completed copy of this form to the county department of €inaflsial Operational Support and Housing in Page 3 of 8 Underlined text added; text is deleted sc order to initiate the qualification process. A copy of the reservation form will be maintained in the borrower's permanent file. (3) Certification of financial institution. The officer of the financial institution underwriting the first mortgage loan will be required to execute this combined form before a notary public. The following information will be verified through the use of this form: a#. That all information regarding the applicant is true and correct. bs. The loan will conform to lending parameters as stated in the Certification of Participant form. cd. That all loan funds will be applied to the required down payment/closing cost or rehabilitation repair, and that the borrower not receive any loan funds in cash. A copy of the combined certification of participant/certification of financial institution will be maintained in the borrower's permanent file. (4) Mortgagor's certification and past residence. Applicant(s) must not have owned any home for a minimum of three consecutive years in order to qualify as first time homebuyers. This document can be used as verification of residence for the past three years, as well as providing information regarding current amount of rent, and current landlord. A copy of the mortgagor's certification and past residence will be maintained in the borrower's permanent file. (5) S.H.I.P. income certification. This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file. (6) S.H.I.P. Homebuyer Education certificate. Each applicant must attend a S.H.I.P. four hour homebuyer education class prior to closing. A copy of the S.H.I.P. homebuyer education certificate will be maintained in the borrower's permanent file. (7) Promissory note. The promissory note will detail the loan agreement established between the borrower and the Affordable Housing Trust Fund, relating to the funds for down payment/closing cost assistance and rehabilitation /emergency repair. The note will include details of the loan including, but not limited to: a. Borrower's promise to pay; b. Interest and payments; C. Borrower's right to repay; d. Charges; e. Subordination; Borrower's failure to pay as requested; Page 4 of 8 Underlined text added; stFike thFGUgh text is deleted 8C ,� g. Obligation of persons under this note; h. Waivers; Uniform secured note. The original promissory note is to be maintained in the borrower's permanent ee file in the county's department of HGUGORQ Operational Support and Housing, and a copy will be maintained on file in the county's finance department. (8) Second mortgage. The second mortgage will be used as the security instrument for the promissory note, and will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage will be 49W maintained in the borrower's permanent file, in the county's department of Operational Support and Housing. Payment of fees associated with the recording of this document will be the responsibility of the borrower. (9) Third party verification. Third party verification of income will be necessary whenever the applicant states that any part of the household income is derived from public assistance, a government agency, or for formal verification of employment. The following sources of income will require formal third party verification by the financial institution underwriting the first mortgage loan: Including but not limited to, military payment, social security benefits, public assistance, pension and annuities, unemployment benefits, Veterans Administration benefits, educational assistance, income from business, recurring cash contributions, child support, and assets on deposit. MThis income verification information may be Abe represented on either Collier County S.H.I.P. forms or other documentation supplied by the lender used for underwriting purposes. While formal, written third party verification is always preferable, a memorandum to the file documenting the conversation with the third party will be acceptable. In such a case it is extremely important to specify the date, contact person, phone number, and address of the third party the conversation is conducted with. (10) Home Inspection. Purchasers of existing homes with a certificate of occupancy over 12 months old at the time of application will be required to have a home inspections completed by a licensed home inspection company. A copy of the home inspection will be maintained in the borrower's permanent file. Sec. 114 -96. Rehabilitation /emergency repair; eligibility criteria. (a) In order to be considered, applicants must meet the eligibility criteria for the down payment/closing cost assistance portion of this program. (b) Only construction, rehabilitation or emergency repair of affordable housing which is a permanent improvement to the home, including but not limited to: repairs or improvements which are needed for safe sanitary habitation, correction of substantial code violations, the creation of additional living space, and installation, repair, or replacement of any major goods, particularly appliances will qualify under this program. Page 5 of 8 Underlined text added; stFike tf4 text is deleted r� m (c) Purchasers of homes which have had a certificate of occupancy for less than 12 months at time of application will not qualify for rehabilitation /emergency repair under this program, but will be eligible for down payment/closing cost assistance loans of up to $50,000.00 $115,009.90. (d) Rehabilitation /emergency repair loans will be limited to $2,500.00 per home. Sec. 114 -97. Monitoring of rehabilitation /emergency repair work including goods purchases. (a) Information regarding the nature of the rehabilitation /emergency repair work to be performed or goods to be purchased will be compiled by the homebuyer. Abatement or correction of health and safety housing code violations are to be given priority over any rehabilitation work, addition of living space, or goods purchase. (b) For goods identified to be purchased, the borrower must submit a price quote to the county's FinaRGial AdFniRirtFatiGR and H9 Operational Support and Housing department for approval prior to purchase. This estimate is to be approved by the borrower and a representative from the €4444 Operational Support and Housing Department prior to purchase or delivery. Thereafter, the Operational Support and Housing department may inspect the borrower's home for the approved goods to provide reasonable assurance that the approved goods were delivered and are in good working order. No funds will be disbursed prior to verification by the department of Housing Operational Support and Housing and inclusion of an itemized delivery slip or invoice from the approved goods supplier. (c) Rehabilitation /emergency repair work. (1) For rehabilitation /emergency repair work not requiring a building permit, the borrower has the option to either perform the rehabilitation work as an owner /builder, or to contract with a tradesman holding a certificate of a competency in Collier County in the specific trade corresponding to the type(s) of rehabilitation work be to performed. (2) For work requiring a building permit the borrower will be responsible for the selection of a Collier County or state licensed contractor who must perform the rehabilitation /emergency repair work. The contractor or tradesman who is selected must supply a detailed written estimate to the borrower. (3) Borrowers performing their own rehabilitation repair work must also submit a detailed cost estimate of materials to be purchased which must be approved by the county's department of €+nansial Operational Support and Housing prior to commencement of rehabilitation work. (4) A copy of the approved estimate will be maintained in the borrower's permanent file. Monitoring of the work to be performed by a tradesman or contractor will be the responsibility of the borrower. Contractual agreements made will be between the borrower and tradesman contractor. The county's department of FiRaRGial AdMiRiStFafieR and HE) Operational Support and Housing will be provided with a copy of the signed contract and approved estimate for rehabilitation /emergency repair work, which will be maintained in the borrower's permanent file. Page 6 of 8 Underlined text added; stFike theug# text is deleted (5) Upon completion, any work requiring a building permit to be performed will be inspected by the county permitting and review department. All work performed not requiring a building permit and not requiring an inspection by the county permitting and review department may be inspected by the 1=19Usieg Operational Support and Housing department to provide reasonable assurance that such work has been satisfactorily completed. (6) No funds will be disbursed prior to verification of satisfactory completion of rehabilitation /emergency repair work by the county's building and review department or Housing Operational Support and Housing department and inclusion of final invoice from a material or goods supplier and /or contractor or tradesman submitted to the county's+naflsiat Operational Support and Housing department. Sec. 114 -98. Required documentation for rehabilitation /emergency repair including goods purchases. (a) The following documentation will be required of all participants eligible, for rehabilitation /emergency repair loans: (1) Contractor /tradesman's, or materials, or goods purchase estimate. All work that is to be performed must be listed on this form. A copy of the approved estimate will be maintained in the borrower's permanent file. This form must be delivered to a representative of the county's department of Operational Support and Housing prior to the commencement of any rehabilitation /emergency repair work. Rehabilitation /emergency repair loans under this program will be made up to a maximum of $2,500.00. (2) Physical inspection. A copy of all required physical inspections conducted by the county permitting and review department, or bV the PnaRGial AdministFatiOR and He Operational Support and Housing department will be maintained in the borrower's permanent file. (3) Second mortgage. As described in the section detailing documentation required for down payment/closing cost assistance, the second mortgage will be used to secure the promissory notes. The second mortgage will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage or evidence the second mortgage was recorded will be maintained in the borrower's permanent file_ ' FffinaRGial AdminiStFatien and Housing. Fees associated with the recording of this document are to be paid by the borrower. Finans+al SECTION II: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with Page 7 of 8 Underlined text added; GtFiL thFOUgh text is deleted m appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION III: Inclusion in the code of laws and ordinances. The provisions of this ordinance shall become and 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 such, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION IV: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by tl�e by the Board of County Commissioners of Collier County, Florida this 13�- day ofJe/1- '7r &-/ 2005. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY FLORIDA C,LER C)f COURTS '� •'s'\ Cam; .0 .0 I to froan's 't V-tqr�* on IN Approved as to legal form suffici ncy: Patrick G. White Assistant County Attorney By: FRED W. COYLE, CHAIRMA Page 8 of 8 Underlined text added; GtFike 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 -70 Which was adopted by the Board of County Commissioners on the 13th day of December, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of December, 2005. DWIGHT E. BROCK Clerk of Courts . aj e Ex- officio to Bda: "of`. .' County Commiss on -' B Ann Deputy Clerk y� J COLLIER COUNTY FLORIDA 8 E REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS L. 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 O Date: %r — _ Petition No. PUDZ- 2005 -AR -7299, Manchester Square PUD Petitioner:: D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., 3800 Via Del Ray, Bonita Springs, FL 34134 1Z Name & Address of any person(s) to be notified by Clerk's Office: Community School of Naples, Inc., 13275 Livingston Rd, Naples, FL 34109; Richard D. Yovanovich, of Goodlette, Coleman and Johnson, 4001 Tamiami Trail N., Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: December 13. 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: Petition: PUDZ- 2005 -AR -7299, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. , and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family -, two - family -, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of 36.9± acres is located at 13275 Livingston Road, in Section 12 Township 49 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: 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 USE ONLY: Date Received ((� o Date of Public hearing: 0 1 �' Date Advertised: C7 I "I ORDINANCE NO. 2005- 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; TO CHANGE THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM OF 148 SINGLE - FAMILY, TWO - FAMILY, DUPLEX OR MULTI- FAMILY DWELLING UNITS IN A PROJECT KNOWN AS MANCHESTER SQUARE LOCATED AT 13275 LIVINGSTON ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 36.9± ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., in Petition No. PUDZ- 2005 -AR -7299, petitioned the Board of County Commissioners to change the zoning classification of the subject 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 subject real property located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family, two- family, duplex or multi - family dwelling units in project Manchester Square in accordance with the Manchester Square PUD 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 hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. Page 1 of 2 PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12005. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency Patrick G. White Assistant County Attorney PUDZ- 2005- AR- 7299/KD /de BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Page 2 of 2 MANCHESTER SQUARE A RESIDENTIAL PLANNED UNIT DEVELOPMENT 36.9± Acres Located in Section 12 Township 49 South, Range 25 East, Collier County, Florida PREPARED FOR: WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FI 34134 (239) 947 -1 144 (239) 947 -0375 Fax and Goodlette Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 EXHIBIT "A" 'w i TABLE OF CONTENTS 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 3 -1 SECTION IV RECREATION 4 -1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5 -1 MANCHESTER SQUARE PUD 11- 4- 05.doc ii 8E 12 MANCHESTER SQUARE PUD 11- 4- 05.doe 111 LIST OF EXHIBITS EXHIBIT A MANCHESTER SQUARE RPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LEGAL DESCRIPTION EXHIBIT D LOCATION MAP EXHIBIT E ALTERNATIVE SIDEWALK PLAN TABLEI DEVELOPMENT STANDARDS MANCHESTER SQUARE PUD 11- 4- 05.doe 111 nA STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Residential Planned Unit Development (PUD) of 148 units on 36.9± acres of land located in Section 12 Township 49 South, Range 25 East, Collier County, Florida. The name of this Residential Planned Unit Development shall be Manchester Square RPUD. The development of Manchester Square RPUD 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 the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: 1. The entire 36.9± acres of the subject property is within the (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of the Manchester Square PUD is 4 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 148 residential dwelling units are permitted within the PUD. 3. The Manchester Square RPUD 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 applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Manchester Square RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Manchester Square RPUD is a residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. 7. The Manchester Square RPUD 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. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code. MANCHESTER SQUARE PUD 11- 4- 05.doc iv SHORT TITLE This ordinance shall be known and cited as the "MANCHESTER SQUARE RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE ". MANCHESTER SQUARE PUD 11- 4- 05.doc 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 Manchester Square RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "C" 1.3 PROPERTY OWNERSHIP Community School of Naples, Inc. 13275 Livingston Road Naples, Florida 34109 -3859 Contract Purchaser: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 1.4 GENERAL DESCRIPTION OF PROPERTY A. The Project site is located in Section 12 Township 49 South, Range 25 East Collier County, Florida. The site is generally bordered on the West by the Collier County School Board and Citrus Groves; on the north by Orange Groves on the east by Livingston Road and on the south by the Community School of Naples. B. The zoning classification of the subject property at the time of RPUD application is A, Rural Agriculture. C. Elevations within the site are approximately 10' above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 385 D, dated June 3, 1986, the Manchester Square RPUD property is located within Zone "X" of the FEMA flood insurance rate map. MANCHESTER SQUARE PUD 11- 4- 05.doc 1 -1 [I D. The entire site has been altered through past agricultural uses and contains a FPL power line corridor and fallow agricultural land. E. The soil types on the site generally include fine quartz sands, including Ft. Drum, Malabar, and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the Airport Road South Canal Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Manchester Square RPUD is approximately 36.9± acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 148. The gross project density, therefore, will be a maximum of 4 units per acre. MANCHESTER SQUARE PUD 11- 4- 05.doc 1-2 • SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Manchester Square RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Manchester Square RPUD will be developed as a residential community, which may feature a mix of residential dwelling types, and accessory recreational amenities. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities 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 Chapters 1, 4 and 10 of the LDC. TYPE ACREAGE Residential RI Single Family 11.8E R2 Multi - family 4.2t Recreation Area 1.± ROW 5.4t Lakes 3.7E FPL Easement / Recreation 8.2t Buffers / Other Open Space 2.6t TOTAL ACRES 36.9 C. Access to the property shall be from Livingston Road with potential access from Osceola Trail. D. The project shall be served with centrally provided potable water, sanitary sewer, electrical power and telephone. Additional services shall be provided as deemed appropriate. MANCHESTER SQUARE PUD 11- 4- 05.doc 2 -1 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Manchester Square RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this RPUD Ordinance), and the Growth Management Plan. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6 of the LDC. C. Unless a deviation is approved as part of this RPUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this RPUD. D. All conditions imposed herein or as represented on the Manchester Square Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The subdivision requirements of the LDC, shall apply to the Manchester Square PUD, except where a deviation is approved as part of this RPUD, or otherwise granted pursuant to the Land Development Code. F. 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 platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with Chapters 1, 4 and 10 of the LDC. In compliance with 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 privately owned and maintained Project roadways and roadways built and/or maintained by the Manchester Square RPUD. 2.5 DEVIATIONS FROM LDC MANCHESTER SQUARE PUD 11- 4- 05.doc 2 -2 A. Roadways within the Manchester Square RPUD shall be designed and constructed in accordance with the Construction Standards Manual and Chapters 1, 4 and 10 of the LDC with the following substitutions: Streets and access improvements Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be fifty (40) feet. B. Sidewalks Sidewalks shall be permitted in accordance with the sidewalk plan prepared for Manchester Square and attached to the PUD as Exhibit E. C. Accessory Recreational Facilities Parking Requirements Recreational facilities shall be permitted to provide parking at 75% _of the normal _ _ - Deleted: 33 LDC requirement$, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - " Deleted:, with a minimum of eight (S) parking spaces provided on the recreational amenity tract 2.6 USE OF RIGHTS -OF -WAY The Developer may be allowed to place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities, parking or decorative entry features within a private right -of -way within the project, subject to permitting agency approval. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or the RPUD 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 the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems MANCHESTER SQUARE PUD I 1- 4- 05.doc 2-3 8E '" and preserves serving the Manchester Square RPUD, in accordance with the provisions of Chapter of the LDC together with any applicable permits from the South Florida Water Management District. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Manchester Square 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 Perimeter 3:1 Internal to project 3:1 3. Bulkheads B. Fence or wall maximum height: Six feet (6'). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Manchester Square RPUD boundary prior to preliminary subdivision plat and site development plan submittal, when the landscape and irrigation plans are submitted and approved prior to plat construction. D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be constructed in landscape buffers, per LDC Chapter 4. E. Landscape berms located within the Manchester Square RPUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is located 5' off the property line and/or right -of -way line as specified in Section 4.06.2.D.4 of the LDC. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Manchester Square PUD during construction. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') MANCHESTER SQUARE PUD l 1- 4- 05.doc 2-4 � ��010 M C. Fill storage areas 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. D. Soil erosion control shall be provided in accordance with LDC. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Manchester Square RPUD 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 residential units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Manchester Square RPUD. General permitted uses are those uses which generally serve the Developer and residents of Manchester Square RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under LDC, Chapter 2. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, fences /walls, and access control structures which shall have no required setback. 2.13 OPEN SPACE REQUIREMENTS MANCHESTER SQUARE PUD 11- 4- 05.doc 2 -5 • A minimum of 30 percent of the overall gross project area shall be devoted to usable open space. 2.14 NATIVE VEGETATION REQUIREMENTS No native vegetation exists on -site; therefore, no native preserve areas are required within the Manchester Square PUD. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. 2.16 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 such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted uses throughout the RPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC for temporary use permits. 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 5.04.04 of 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, 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 RPUD. 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. 2.17 SIDEWALKS /BIKEPATHS, BIKE LANES MANCHESTER SQUARE PUD 11- 4- 05.doc 2-6 A. Sidewalks: A specific sidewalk plan has been prepared for the project and is attached as Exhibit E of this PUD. B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 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. Sidewalks may be located outside platted right -of -way, when located within a separate sidewalk easement. 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, as specified in Section 4.06.02.D.4 of the LDC. MANCHESTER SQUARE PUD 11- 4- 05.doe 2-7 SECTION III RESIDENTIAL 4V 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Manchester Square RPUD designated on the Master Plan as "R ", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 148 dwelling units may be constructed on lands designated "R ", Residential on the RPUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.14, of this PUD, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses — "R1" Areas: 1. Single family dwellings. 2. Two - family dwellings. B. Principal Uses — "R2" Areas: I . Single family dwellings, townhomes. 2. Two - family dwellings. MANCHESTER SQUARE PUD 11- 4- 05.doc 3 -1 rem- 3. Multi family dwellings. C. Accessory Uses and Structures: Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, boat docks and other 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. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Manchester Square RPUD Residential Development Area. B. Site development standards for single family, two - family, duplex, single - family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. MANCHESTER SQUARE PUD 114- 05.doc 3 -2 rom E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. MANCHESTER SQUARE PUD 11 - 4- 05.doc 3 -3 TABLE I MANCHESTER SQUARE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Two Family Townhome Multi- Family Minimum Lot Area 5,000 SF 3,500 *2 1,408 SF 9,000 SF Minimum Lot Width *3 50' 35' 16' 90' Minimum Lot Depth 1001 100' 88' 100' Minimum Yard Principal Uses: *6 and *7 Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' *4 10' Rear 15' 15' 15' 15' Waterbod * 1 20' 20' 20' 20' Accessory Uses: *6 and *7 Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' *4 10' Rear 10' 10' 10' 10' Waterbod * 1 20' 20' 20' 20' Maximum Building Height (zoned height) 35 feet 35 feet 45 feet not to exceed 3 stories 45 feet not to exceed 3 stories Minimum Distance Between Detached Principal Structures / Accessory Structures *5 1 12' 12' 12' 1 20'/10' Floor Area Min. (S.F.) I 1000 SF 1000 SF 1000 SF 1 750 SF All distances are in feet unless otherwise noted. *1 - Principal and accessory structures on waterfront lotsjnay be permitted to be_ constructed up to, but not encroaching into _a drainage easement _ _ _ _ Deleted: shall with a minimum setback from lake control elevation of 20'. *2 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 - Minimum lot width may be reduced by 20% for cul- de-sac lots provided the minimum lot area requirement is maintained. *4 - Zero foot (0') minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 -Building distance maybe reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi- family principal buildings shall be separated a minimum of 20' and garages a minimum of 10'. *6 - Building garages must be setback a minimum of 23' from edge of any provided sidewalk. Minimum 20' front yard may be reduced to 15' where the residence is served by a side - loaded or rear entry garage. *7 - Principal and accessory uses shall not be permitted to encroach into any landscape buffer. MANCHESTER SQUARE PUD 11- 4-05.doc 3 -4 8E' SECTION IV RECREATION 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Manchester Square RPUD designated on the Master Plan as "Recreation ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Chapter 4, and Chapter 10 respectively, of the LDC. The Recreation Area is designed as an area which will accommodate a variety of active recreational and personal services for the Manchester Square RPUD residents and guests. 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. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Permitted Accessory Uses and Structures. Accessory uses and structures customarily associated with principal uses permitted in this District. C. Florida Power and Light Easement Area. Permitted uses shall include; a. Open space, recreational uses, pathways, landscaping and water management b. Project signage 2. Prior to local development order approval, the developer shall obtain approval from FP &L for any improvements located within the FP &L easement area. MANCHESTER SQUARE PUD 11- 4- 05.doc 4 -1 E I� 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet (15') 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). 4. In no instance shall there be an encroachment into a required landscape buffer area. 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 — Thirty-five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty (40) feet. D. Minimum distance between structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Parking for uses and structures constructed in the Recreation Area: Parking shall be provided at 7.5% of the normal LDC requirement for accessory recreational facilities _ - Deleted: 33 in accordance with the deviation noted in Section 2.5 of the Manchester Square RPUD. F. The developer must provide a CPSC and ASTM certified commercial grade playground designed for 2 -12 year old children for use of residents and guests. The playground must be provided within the common area. The playground area must be operational before the issuance of any certificates of occupancy for any residential units. Developer must provide documentation to the PUD file that the playground meets these requirements. MANCHESTER SQUARE PUD 11- 4- 05.doc 4 -2 7M SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Manchester Square RPUD. 5.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual 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/final 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. 5.3 ENGINEERING Except as noted herein, all Project development will occur consistent with the LDC. 5.4 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 the Collier County Land Development Code, as amended, except as may be provided in this RPUD Document. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's 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 and subject to Ordinance 2004 -31. MANCHESTER SQUARE PUD 1 1- 4- 05.doc 5 -1 5.5 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. An Excavation Permit will 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. C. The Manchester Square RPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the RPUD Rezone application materials. 5.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above - mentioned plan. B. All approved Agency (SFWMD, ALOE, FFWCC) permits, if applicable shall be submitted prior to final Site Plan/Construction Plan approval. C. This PUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. D. This PUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site /Plan approval. 5.7 TRANSPORTATION The development of this PUD Master 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 Land Development code (LDC). MANCHESTER SQUARE PUD 11- 4- 05.doc 5 -2 B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is approved. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and 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. 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. MANCHESTER SQUARE PUD 11- 4- 05.doc 5 -3 • 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 and shall be paid to Collier County before the issuance of the first CO. L. Access points to Osceola Trail Boulevard are not to be used unless authorized by - - - Formatted: Bullets and Numbering the Collier County School District. 5.8 Affordable Housing +- - - Formatted: Bullets and Numbering Collier County and the Developer of the Manchester Square RPUD have cooperated to address affordable housing impacts associated with the Manchester Square RPUD The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable housing Trust Fund A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within + - - - j Formatted: Bulletsand Numbering the proiect shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Section shall reflect a credit to the project's+ --- Formatted: Indent: Left: o. , obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing; MANCHESTER SQUARE PUD 11- 4- 05.doe 5 -4 November 14, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: PUDZ - 2005 -AR -7299, Manchester Square PUD Dear Legals: Please advertise the above referenced notice on Sunday, November 27, 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 P.O. /Account # 113- 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, DECEMBER 13, 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; TO CHANGE THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM OF 148 SINGLE - FAMILY, TWO - FAMILY, DUPLEX OR MULTI- FAMILY DWELLING UNITS IN A PROJECT KNOWN AS MANCHESTER SQUARE LOCATED AT 13275 LIVINGSTON ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 36.9 + /- ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. The Board will consider Petition PUDZ - 2005 -AR -7299, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family, two - family, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of 36.9 + /- acres is located at 13275 Livingston Road, in Section 12, Township 49 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 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) GauntY - o f -C+ ��,1 i er CLERK OF THjt CIRCUIT COURT BE Dwight E. Brock COLLIER COUNTY URT OUSE 3301 TAMIAMI TVA IL EAST Clerk of Courts Clerk of Courts P.O. BOX 411044 ",' Accountant NAPLES, FLORIDA" $101 -30'44 Auditor er Custodian of County Funds November 14, 2005 D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Ray Bonita Springs, FL 34134 RE: Notice of Public Hearing to consider Petition PUDZ - 2005 -AR -7299, Manchester Square PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 27, 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.collier.Mus Email: collierclerk (&clerk.collier.fl.us r 6i#4-of- C-a Tier CLERK OF TlHt Ctj Dwight E. Brock COLLIER COUNTY G Clerk of Courts 3301 TAMIAMI T . P.O. BOX 4 NAPLES, FLORIDA November 14, 2005 Community School of Naples, Inc. 13275 Livingston Road Naples, Fl 34109 COURT USE Clerk of Courts Accountant Auditor Custodian of County Funds • f101-3044 r � RE: Notice of Public Hearing to consider Petition PUDZ- 2005 -AR -7299, Manchester Square PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 27, 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: colfierderk@derk.collienfl.us 'Cau Inty-o-Collier 8E CLERK OF THIt CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URTOUSE 3301 TAMIAMI TrIL EAT Clerk of Courts Clerk of Courts . P.O. BOX 41044 Accountant NAPLES, FLORIDA ,31 1 0 1 -3 044 Auditor i Custodian of County Funds November 14, 2005 , Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Naples, FL 34103 RE: Notice of Public Hearing to consider Petition PUDZ- 2005 -AR -7299, Manchester Square PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 27, 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.collier.fl.us Email: collierclerk(&clerk collier.fl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDZ- 2005 -AR -7299 Manchester Square PUD Attachments: PUDZ- 2005- AR- 7299.doc; PUDZ- 2005- AR- 7299.doc Good Morning, Please advertise the attached on Sunday, November 27, 2005. OA- PUDZ-2005-AR-729 9.doc (23 KB) Thank you, Ann 774 -8406 PUDZ- 2005 -AR -729 9.doc (25 KB) Ann P. Jennejohn 8E From: ClerkPostmaster Sent: Monday, November 14, 2005 2:50 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT09745.txt; PUDZ- 2005 -AR -7299 Manchester Square PUD LLJ ATT'09745.txt (229 PUDZ- 2005 -AR -729 B) 9 Manchester 5... 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 8E From: System Administrator [postmaster @naplesnews.com] Sent: Monday, November 14, 2005 2:50 PM To: Ann P. Jennejohn Subject: Delivered: PUDZ- 2005 -AR -7299 Manchester Square PUD Attachments: PUDZ- 2005 -AR -7299 Manchester Square PUD LI PUDZ- 2005 -AR -729 9 Manchester S... <<PUDZ- 2005 -AR -7299 Manchester Square PUD>> Your message To: legals @naplesnews.com Subject: PUDZ- 2005 -AR -7299 Manchester Square PUD Sent: Mon, 14 Nov 2005 14:49:42 -0500 was delivered to the following recipient(s): legals on Mon, 14 Nov 2005 14:49:48 -0500 1 PUDZ- 2005 -AR -7299 Manchester Square PUD Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, November 14, 2005 3:05 PM To: Ann P. Jennejohn Subject: RE: PUDZ- 2005 -AR -7299 Manchester Square PUD OK - - - -- Original Message---- - From: Ann P. Jennejohn [ma i Ito: Ann .Jennejohn @clerk.collier.fl. us] Sent: Monday, November 14, 2005 2:50 PM To: legals @napiesnews.com Subject: PUDZ- 2005 -AR -7299 Manchester Square PUD Good Morning, Please advertise the attached on Sunday, November 27, 2005. «PUDZ- 2005- AR- 7299.doc>> «PUDZ- 2005- AR- 7299.doc>> Thank you, Ann 774 -8406 11/14/2005 Page 1 of 1 Iw 0 multi - family dwelling units in a project to be NAPLES DAILY NEWS Putrz- 2aos- AR -7z9s Published Daily - e�° �R0101M Naples, FL 34102 Notice Is hereby given' that, on TUEtSDDA,Y, DE -' • Board o m� ?3rd F1��or • • Affidavit of Publication count FRED W. COYLE, CHAIR - Govern- �CaHter County Govern - Collier State of Florida fnertt Center, 3301 East �famiaml Trail, Naples WIGHT E. B R O C K, Florida, the Board o} County of Collier County Commissloner5 will consider the enact. *4Mu ee. The meeting will Before the undersigned they serve as the authority, personally ommence at the ro- y The title of the pro -. appeared B. Lamb, who on oath says that they posed Ordinance is as 'follows: serve as the Assistant Corporate Secretary of the Naples Daily, 'AN ORDINANCE OF THE a daily newspaper published at Naples, in Collier County, BOARD" OF COUNTY Florida; distributed in Collier and Lee counties of Florida; that COMMISSIONERS of COLLIR COUNTY FLORl- the attached copy of the advertising, being a NAN E NUMBER G2004 -41, AS AMENDED, THE COL - 4i14.GOUNTY. A,ND DE- PUBLIC NOTICE VELOPMENT CODE WHICH INCLUDES THEE NOTE* Al! I� w11ih- OMPREHENSIVE ZON- in the matter of Public Notice i to s 0 on any N0 REGULATIONS FOR cum rigid. HE UNINCORPORATED as published in said newspaper I AREA OF COLLIER COUN- tn M to pre• TY, FLORIDA BY AMEND - xenSatlOn a agenda ING THE APPROPRIATE It Ito be addressed ZONING ATLAS MAP OR time(s) in the issue November 27th, 2005 Ore nmClual %64km s w Ii MAPS; TO CHANGE T10E on any Item.t The selec, OF THE REAL PROPERTY Sipon e �o Gan indIvI a no FROM THE AGRICULTUR- i AL (A) ZOMIL, IN A"T o nia sabot or croup k eticotirapad. If recog- PLANNED UNI EVEL giant further says that the said Naples Dail News is a newspaper nized ke the Chairman, 0PMENT (RpUO) ONINO Y P Y a spokesperson fora �' DISTRICT TO ALLOW DE- published at Naples, in said Collier County, Florida, and that the said pro or or anlx newspaper has heretofore been continuously published in said Collier may allot 1B' VHLOPMENT OF A MAXI- utes to spas aJ1: an MUM OF 140 SINGLE - County, Florida; distributed in Collier and Lee counties of Florida, item. �1 A LY, WO- FAMILY, each day and has been entered as second class mail matter at the post OUpy� O MUlT1fiAM1- P Persons wishing to have LY OWELLNiG KNITS IN office in Naples, in said Collier County, Florida, for a period of I written or graphic ma- A PROJECT KNOWN AS year neat preceding the first publication ofthe attached copy of terials Included in the MA CHESTER $O A F Board apGed LOCH 75 advertisement; and affiant further says that he has neither paid nor must sudmit said M4- , INGSTO� AT iN SEC- promised any person, firm or corporation any discount, rebate, terFJ►i a minimum of 3 12 TOWNSHIP 49 weeks prior to the re- 06, IWGE 25 EAST commission or refund for the purpose of securing this advertisement for spective public hearing. C 0 L L t E R COUNTY, publication in the said newspaper. In any case, written me- FLORIDA, ;CONgISTINR terlats Intended to be OF 3119 + / ACRi3 AND J considered by the Boatel Tn OA P AN FFEC• /] shale pr submitted ty the appropriate County. ( Signature of affiant) staff a minimum of sqv. The Board will consider en days prior to the Petition PUDZ- 2005 -AR- publtc hearing. All me- 7299 Community School trial used In ppresents- of Ida les, Inc., repre- tions before ttte Board sented byy D, Wgyj r_ Ar- will become a perms- nold, AICP of Q. Grady Sworn to and subscribed before me nent part of the record. Minor and• Associates, This November 30th, 2005 J►rnp� =on who decides P.A, and Richard D. Yo- Pe'aI vanovich, of Goodlette, �1 rhea f� wilidre Coleman and Johnson. cothe procee requrstin0 a rezone from the Agricultural pertaining thereto ' (A) zoning district to the (Sl�rlature of notary public) / therefore, may to Residential Planned Unit ✓/T ensure that a v =lm Development (RPUD) record of the proceed -' zoning district to allow [nos Is made, wi►ich rr�g' development of a maxi- cord includes the.testh I mum of 148. single -faml- mony and evidence upon vv��[hich the appeal is based. multi - family dwelling units in a project to be known as Manchester x'IRt <. BOARD OF COUNTY COMMISSIONERS Square. The subject property, consisting of 36.9 + /• acres is located ,,,,; at 132775 Livingston ,, COLLIER COUNTY, Read, in Section 12, FLORIDA a Township 49 South, FRED W. COYLE, CHAIR - Range 25 Ea t, Collier MAN County, Florida WIGHT E. B R O C K, CLERK Copies of the proposed 1 Ordinance are on file with the Clerks to the ( 1 C Nov. 27 No. 12011@4� anrlsare AR i ift F8E "w ORDINANCE NO. 2005- 71 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; TO CHANGE THE ZONING CLASSIFICATION OF THE REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM OF 148 SINGLE - FAMILY, TWO - FAMILY, DUPLEX OR MULTI - FAMILY DWELLING UNITS IN A PROJECT KNOWN AS MANCHESTER SQUARE LOCATED AT 13275 LIVINGSTON ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 36.9± ACRES; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., in Petition No. PUDZ- 2005 -AR -7299, petitioned the Board of County Commissioners to change the zoning classification of the subject 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 subject real property located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family, two - family, duplex or multi- family dwelling units in project Manchester Square in accordance with the Manchester Square PUD 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 hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. Page 1 of 2 `gE PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E`'BtiOK, CLERK Dep ty Clerk ►�� � ���a mil' S� Approved as to form and legal sufficiency 44.� Patrick G. White Assistant County Attorney PU DZ- 2005 -AR- 7299 /KD /dc F3A day of by Q-Cm6r , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "-4� BY: W. &4k FRED W. COYLE, CHA N Page 2 of 2 8E i MANCHESTER SQUARE A RESIDENTIAL PLANNED UNIT DEVELOPMENT 36.9± Acres Located in Section 12 Township 49 South, Range 25 East, Collier County, Florida. PREPARED FOR: WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, Fl 34134 (239) 947 -1144 (239) 947 -0375 Fax and Goodlette Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34104 EXHIBIT "A" TABLE OF CONTENTS 8E -f# 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 3 -1 SECTION IV RECREATION 4 -1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5 -1 MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 11 8 E a� LIST OF EXHIBITS EXHIBIT A MANCHESTER SQUARE RPUD MASTER PLAN EXHIBIT B BOUNDARY SURVEY EXHIBIT C LEGAL DESCRIPTION EXHIBIT D LOCATION MAP EXHIBIT E ALTERNATIVE SIDEWALK PLAN TABLE I DEVELOPMENT STANDARDS MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doe 111 8 E STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create a Residential Planned Unit Development (PUD) of 148 units on 36.9± acres of land located in Section 12 Township 49 South, Range 25 East, Collier County, Florida. The name of this Residential Planned Unit Development shall be Manchester Square RPUD. The development of Manchester Square RPUD 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 the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: 1. The entire 36.9± acres of the subject property is within the (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of the Manchester Square PUD is 4 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 148 residential dwelling units are permitted within the PUD. 3. The Manchester Square RPUD 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 applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Manchester Square RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Manchester Square RPUD is a residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Residential Planned Unit Development District. 7. The Manchester Square RPUD 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. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc iv 8E SHORT TITLE This ordinance shall be known and cited as the "MANCHESTER SQUARE RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE ". MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc V '8E 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 Manchester Square RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See attached Exhibit "C" 1.3 PROPERTY OWNERSHIP Community School of Naples, Inc. 13275 Livingston Road Naples, Florida 34109 -3859 Contract Purchaser: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 1.4 GENERAL DESCRIPTION OF PROPERTY A. The Project site is located in Section 12 Township 49 South, Range 25 East Collier County, Florida. The site is generally bordered on the West by the Collier County School Board and Citrus Groves; on the north by Orange Groves on the east by Livingston Road and on the south by the Community School of Naples. B. The zoning classification of the subject property at the time of RPUD application is A, Rural Agriculture. C. Elevations within the site are approximately 10' above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 385 D, dated June 3, 1986, the Manchester Square RPUD property is located within Zone "X" of the FEMA flood insurance rate map. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 1 -1 8E D. The entire site has been altered through past agricultural uses and contains a FPL power line corridor and fallow agricultural land. E. The soil types on the site generally include fine quartz sands, including Ft. Drum, Malabar, and Holopaw fine sands. This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the Airport Road South Canal Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Manchester Square RPUD is approximately 36.9± acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 148. The gross project density, therefore, will be a maximum of 4 units per acre. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 1 -2 2.1 2.2 SECTION II PROJECT DEVELOPMENT PURPOSE 8 E a The purpose of this Section is to generally describe the plan of development for the Manchester Square RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Manchester Square RPUD will be developed as a residential community, which may feature a mix of residential dwelling types, and accessory recreational amenities. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreage is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities 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 Chapters 1, 4 and 10 of the LDC. TYPE ACREAGE Residential R1 Single Family 11.8 R2 Multi- family 4.2± Recreation Area 1.± ROW 5.4± Lakes 3.7± FPL Easement / Recreation 8.2± Buffers / Other Open Space 2.6± TOTAL ACRES 36.9 C. Access to the property shall be from Livingston Road with potential access from Osceola Trail. D. The project shall be served with centrally provided potable water, sanitary sewer, electrical power and telephone. Additional services shall be provided as deemed appropriate. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 2-1 8E 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Manchester Square RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this RPUD Ordinance), and the Growth Management Plan. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6 of the LDC. C. Unless a deviation is approved as part of this RPUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this RPUD. D. All conditions imposed herein or as represented on the Manchester Square Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed. E. The subdivision requirements of the LDC, shall apply to the Manchester Square PUD, except where a deviation is approved as part of this RPUD, or otherwise granted pursuant to the Land Development Code. F. 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 platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with Chapters 1, 4 and 10 of the LDC. In compliance with 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 privately owned and maintained Project roadways and roadways built and/or maintained by the Manchester Square RPUD. 2.5 DEVIATIONS FROM LDC MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 2 -2 8E A. Roadways within the Manchester Square RPUD shall be designed and constructed in accordance with the Construction Standards Manual and Chapters 1, 4 and 10 of the LDC with the following substitutions: Streets and access improvements Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be fifty (40) feet. B. Sidewalks Sidewalks shall be permitted in accordance with the sidewalk plan prepared for Manchester Square and attached to the PUD as Exhibit E. C. Accessory Recreational Facilities Parking Requirements Recreational facilities shall be permitted to provide parking at 75% of the normal LDC requirements. 2.6 USE OF RIGHTS -OF -WAY The Developer may be allowed to place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities, parking or decorative entry features within a private right -of -way within the project, subject to permitting agency approval. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or the RPUD 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 the Developer or by a property owners' association. For those areas not maintained by the Developer, the Developer will create property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The Developer or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 2 -3 8E .1 and preserves serving the Manchester Square RPUD, in accordance with the provisions of Chapter of the LDC together with any applicable permits from the South Florida Water Management District. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Manchester Square 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 Perimeter 3:1 Internal to project 3:1 3. Bulkheads B. Fence or wall maximum height: Six feet (6'). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Manchester Square RPUD boundary prior to preliminary subdivision plat and site development plan submittal, when the landscape and irrigation plans are submitted and approved prior to plat construction. D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be constructed in landscape buffers, per LDC Chapter 4. E. Landscape berms located within the Manchester Square RPUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is located 5' off the property line and/or right -of -way line as specified in Section 4.06.2.D.4 of the LDC. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Manchester Square PUD during construction. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doe 2 -4 8E wo. C. Fill storage areas 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. D. Soil erosion control shall be provided in accordance with LDC. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Manchester Square RPUD 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 residential units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Manchester Square RPUD. General permitted uses are those uses which generally serve the Developer and residents of Manchester Square RPUD 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, Chapter 2. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lake areas. 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 guard houses, gatehouses, fences /walls, and access control structures which shall have no required setback. 2.13 OPEN SPACE REQUIREMENTS MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 2 -5 8E A minimum of 30 percent of the overall gross project area shall be devoted to usable open space. 2.14 NATIVE VEGETATION REQUIREMENTS No native vegetation exists on -site; therefore, no native preserve areas are required within the Manchester Square PUD. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the Construction Standards Manual. 2.16 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 such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted uses throughout the RPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC for temporary use permits. 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 5.04.04 of 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, 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 RPUD. 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. 2.17 SIDEWALKS /BIKEPATHS, BIKE LANES MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 2 -6 8E �. A. Sidewalks: A specific sidewalk plan has been prepared for the project and is attached as Exhibit E of this PUD. B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 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, as specified in Section 4.06.02.D.4 of the LDC. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 2 -7 SECTION III RESIDENTIAL «R» 3.1 PURPOSE 8E 14 The purpose of this Section is to identify permitted uses and development standards for areas within the Manchester Square RPUD designated on the Master Plan as "R ", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 148 dwelling units may be constructed on lands designated "R ", Residential on the RPUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.14, of this PUD, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses — "R1" Areas: 1. Single family dwellings. 2. Two - family dwellings. B. Principal Uses — "R2" Areas: 1. Single family dwellings, townhomes. 2. Two - family dwellings. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doe 3 -1 8E 11 3. Multi family dwellings. C. Accessory Uses and Structures: 1. Model homes and model home centers including offices for project administration, construction, sales and marketing. 2. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. 3. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, boat docks and other 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. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Manchester Square RPUD Residential Development Area. B. Site development standards for single family, two - family, duplex, single- family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to parcel boundaries. C. Standards for parking, landscaping (excluding landscape buffer width), signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 3 -2 8 E "4 E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 3 -3 8E� TABLE I MANCHESTER SQUARE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Two Family Townhome Multi- Family Minimum Lot Area 5,000 SF 3,500 *2 1,408 SF 9,000 SF Minimum Lot Width *3 50' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' Minimum Yard Principal Uses: *6 and *7 Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' *4 10' Rear 15' 15' 15' 15' Waterbod *1 20' 20' 20' 20' Accessory Uses: *6 and *7 Front 20' 20' 20' 20' Side 6' 0' and 6' 0' and 6' *4 10' Rear 10' 10' 10' 10' Waterbod * 1 20' 20' 20' 20' Maximum Building Height (zoned height) 35 feet 35 feet 45 feet not to exceed 3 stories 45 feet not to exceed 3 stories Minimum Distance Between Detached Principal Structures / Accessory Structures *5 12' 12' 12' 20'/10' Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. *1 - Principal and accessory structures on waterfront lots may be permitted to be constructed up to, but not encroaching into a drainage easement, with a minimum setback from lake control elevation of 20'. *2 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 - Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *4 - Zero foot (0') minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi- family principal buildings shall be separated a minimum of 20' and garages a minimum of 10'. *6 - Building garages must be setback a minimum of 23' from edge of any provided sidewalk. Minimum 20' front yard may be reduced to 15' where the residence is served by a side - loaded or rear entry garage. *7 - Principal and accessory uses shall not be permitted to encroach into any landscape buffer. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 3 -4 SECTION IV RECREATION 4.1 PURPOSE 8E '11) The purpose of this section is to identify permitted uses and development standards for areas within the Manchester Square RPUD designated on the Master Plan as "Recreation ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation areas are indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Chapter 4, and Chapter 10 respectively, of the LDC. The Recreation Area is designed as an area which will accommodate a variety of active recreational and personal services for the Manchester Square RPUD residents and guests. 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. Indoor or outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, walking trails and tennis courts. B. Permitted Accessory Uses and Structures. 1. Accessory uses and structures customarily associated with principal uses permitted in this District. C. Florida Power and Light Easement Area. Permitted uses shall include; a. Open space, recreational uses, pathways, landscaping and water management b. Project signage 2. Prior to local development order approval, the developer shall obtain approval from FP &L for any improvements located within the FP &L easement area. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 4 -1 Ali 8 E j }py :t 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Fifteen feet (15') 2. Side Yard: Ten feet (10'). 3. Rear Yard: Fifteen feet (15'). 4. In no instance shall there be an encroachment into a required landscape buffer area. 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 — Thirty -five (35) feet; except clock towers or similar architectural features, which shall be permitted up to forty (40) feet. D. Minimum distance between structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Parking for uses and structures constructed in the Recreation Area: Parking shall be provided at 75% of the normal LDC requirement for accessory recreational facilities in accordance with the deviation noted in Section 2.5 of the Manchester Square RPUD. F. The developer must provide a CPSC and ASTM certified commercial grade playground designed for 2 -12 year old children for use of residents and guests. The playground must be provided within the common area. The playground area must be operational before the issuance of any certificates of occupancy for any residential units. Developer must provide documentation to the PUD file that the playground meets these requirements. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 4 -2 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE 8E r The purpose of this Section is to set forth the development commitments for the Manchester Square RPUD. 5.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual 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/final 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. 5.3 ENGINEERING Except as noted herein, all Project development will occur consistent with the LDC. 5.4 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 the Collier County Land Development Code, as amended, except as may be provided in this RPUD Document. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's 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 and subject to Ordinance 2004 -31. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 5 -1 8E { yy 5.5 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. An Excavation Permit will 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. C. The Manchester Square RPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the RPUD Rezone application materials. 5.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above - mentioned plan. B. All approved Agency (SFWMD, ALOE, FFWCC) permits, if applicable shall be submitted prior to final Site Plan/Construction Plan approval. C. This PUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. D. This PUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site /Plan approval. 5.7 TRANSPORTATION The development of this PUD Master 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 Land Development code (LDC). MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 5 -2 8E B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 0l -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 approved. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and 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. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doc 5 -3 8E 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 and shall be paid to Collier County before the issuance of the first CO. L. Access points to Osceola Trail Boulevard are not to be used unless authorized by the Collier County School District. M. The conceptual master plan identifies a potential interconnection with the property to the north. The interconnection shall occur if this northern project entrance is constructed, and agreement is reached with the adjoining property owner, in which the property owner agrees to pay 50% of the construction costs of that portion of the access drive from Livingston Road to the interconnection, and a proportionate share of the on -going maintenance costs. The maintenance costs shall be based on the number of dwelling units and/or square footage, if property is developed with non - residential uses for each project. The left turn directional access from Livingston Road depicted on the RPUD master plan may be eliminated in the event the County determines that the access creates an operational hazard. N. The developer shall disclose in all sales contracts that the left directional access to the project from Livingston Road, may be modified or eliminated by Collier County. 5.8 Affordable Housing Collier County and the Developer of the Manchester Square RPUD have cooperated to address affordable housing impacts associated with the Manchester Square RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable housing Trust Fund. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to Collier County within seven (7) days of the closing on each residential dwelling unit. The payment of the sums set forth in this Section 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. MANCHESTER SQUARE PUD 12 -14 -05 Clean (2).doe 5 -4 -8 ,.a E g z S Z b 3 a �. o z 8 w O a Z X Li 2 q �Y"tlo'1q a a a w 3 aw W Z J O q H W o a w p o U U Q W O �ciri.r Wti � N q W U Z Q � Q aCL� z o� � �Z o N O U O O W r J "MOM {` ^_I W O V) U al � Z mu.m_ "Man W W� a U O J to w J rn � w N7 -d A W ZQ� ZpM U• OOH NZO p' J 1-M w J a q0- = z�° wvi o' U?O N '� �cl z air F M ccam� V Z J � a O¢ U �)= Z N 0 O] 0 U PUDZ - 2005 -AR -7299 MANCHESTER SQUARE EXHIBIT A �N y�W y d 3 g y 3 � S J Gw ouvnnnoa ilvai vlo3oso �__ \ �~ I !I CN I ,I I Il I 1 1 I !I I ,I I I I h N I I II I II I ,1 I ,I I I 11 I II I I I I I� I II I 1 I I I11 I 1 I I I I I I �j II I wl I 1 I I I I I I II I I II I II 1 I 1 I I I I II I I I I II 1 II I I I I I I I I I I I I I � N I I Ip I I� ,f I I � x 8 � �y- �L s m U a m �w 3 I 8 -- -- it it II .I II I I I, I I II �I I I 'I �1I �II I I II II I II I II II II I II II I it II I J C Y�YYY<� o� �n a✓�s3�� G s 61, °s E L �L K a a � � Q CL g y 3 � S J Gw ouvnnnoa ilvai vlo3oso �__ \ �~ I !I CN I ,I I Il I 1 1 I !I I ,I I I I h N I I II I II I ,1 I ,I I I 11 I II I I I I I� I II I 1 I I I11 I 1 I I I I I I �j II I wl I 1 I I I I I I II I I II I II 1 I 1 I I I I II I I I I II 1 II I I I I I I I I I I I I I � N I I Ip I I� ,f I I � x 8 � �y- �L s m U a m �w 3 I 8 -- -- it it II .I II I I I, I I II �I I I 'I �1I �II I I II II I II I II II II I II II I it II I J C Y�YYY<� o� �n a✓�s3�� G s 61, °s E I � `1 z � onnrnw 'Imu nwAw I I II I I A N iI I I � I I I I I II I II I i I II 1 I I I � i I Y I p 9 I 88 I + � 1 I I; I 1; I I I! I I I I 11 �I I `I I I I� I I II I I If I II I Y I I I I I I I I ba a �N ` \ 1 \ II �i II � I it I 'i I I li II d it I I I II I� li I ;a J in 0. w w W � a ytz m w X Q w � a S w U � 8 � I I 1.1•Ir`II* S� j i - A � 6 a -s" ^b M1 F a �' 4�+ T w �n {.�` '� di ter • e r qq77 � �i JI H not 1 FM 3 i 1 0 i �-� s� t 11 �� I,. h r, 'f pow inn ' I j m r " l ��� Iy�x �q � � � ° c WW"I AN IMM r i It 1 }i E Yz y N Yes f tf a r i' @��' to 3Z 4 i �i "r qtr ff h • � ,� ���seF' ���' ��'"" • ^s '&. �� ,rg • . � x �att4 k5 �'�Y.��1 '�u£ � kn`9 t .� ¢nC' _ �n FP' + � � r Eta. � +� H �e•^ wy, w h s µ. c `` ,�+��""".�.s �� � t hA s � j—,„ :•t l Fit: �x „t i s•a :; �w- t:,.sY+�,"4,x'F @' y$ b i 7 1 e�Gy+n °' 4 >uSx+�kam•c its , f +Cl ?kY o tt. A s t I �} P tip rwA vw ^w v lire i*ff_w__wAy — — -- — -- — -- — -- — - ffiei 10 zz all, I . _416-- p— ------------- --- ------------------------------- ------------- ------------ I ------ ------------------------- -------- pq w pill pq + r gg 1a x W Gall jj ilk j Ni h S b b auLn No No I jai ;A gig Mill lx 11 1,0 got i I NIII, q fill x X! 1 141ky fix is 1 4,01 ...... x%%4 eugggjS4, INX 11 -1. jjjbjb job bi x n'll I I " . il 1,4, 1111""N1,14101 11 1 gills l V 0oi11 v IF m, hill", lq; x gill $0 Flo It IN I loll 91 -11 1 1 1, g 1011 1 a 1111 1 ml .111, ill °,„a� °,,,, °vmwnuaswn.n. e�� i ! 7 F PUDZ-2005—AR-7299 MANCHESTER SQUARE EXHIBIT B LEGAL. DESCRIPTION (MANCHESTER SQUARE P,U,D ) A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SECTION 12, N 89 °33'49" W FOR 275.07 FEET TO THE WEST RIGHT -OF- WAY LINE OF LIVINGSTON ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 3179, PAGE 43, AND 3179, PAGE 35 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE SAID NORTH LINE AND PROCEEDING ALONG THE SAID WEST RIGHT -OF -WAY LINE THE FOLLOWING THREE (3) DESCRIBED COURSES: 1) THENCE S 00 °50'38" E FOR 1033.33 FEET; 2) THENCE S 10-27'01"W FOR 51.06 FEET; 3) THENCE S 00'50'38'E FOR 542.82 FEET; THENCE LEAVING THE SAID WEST RIGHT -OF -WAY, N 89'33'47"W FOR 304.41 FEET TO A POINT OF CURVATURE; THENCE 223.84 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 285,00 FEET, THROUGH A CENTRAL ANGLE OF 45 °00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N 67 °03'47" WEST FOR 218.13 FEET, TO A POINT OF TANGENCY; THENCE N 44'33 47" W FOR 156.37 FEET TO A POINT OF CURVATURE; THENCE 302.38 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 FEET. THROUGH A CENTRAL ANGLE OF 45'00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N 67 °03'47" WEST FOR 294.67 FEET, TO A POINT OF TANGENCY LYING ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG THE SAID SOUTH LINE, N 89'3347" W FOR 201.94 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12, N 00'13'29" W FOR 1319.31 FEET, TO A POINT ON THE SAID NORTH LINE; THENCE ALONG THE SAID NORTH LINE, S 89 °3349" E FOR 1079.56 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 1,6018,054 SQUARE FEET OR 36.9 ACRES + /-. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.' BEARINGS ARE BASED ON THE FrgpA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AttERICAN DATUM, (1999),ADJU5114A �T 1 15911() NOT ti.ID WITHOLrf- 13 ATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR PUDZ- 2005 -AR -7299 MANCHESTER SQUARE EXHIBIT C , OS O1 IOM / 7 MANCNES EK Sw Arm EXHIBIT D 0_ Q W U) Ii Z O I- U O awn3,nov ,rvoo, awnsrwe rnvmrre virrvs vt-azvunauv Q 0O vc- viw3wi EL J 3ak ¢ - yy ranuon no6a& s g' m gi -1 G �g @ awnroisanw, Lmww°_ rxas*a+ aaa) g� ]R3d � 16W11 6� aW w 3� U 4eti'ol Or M'wo) °a °`� 6mp m3 Wa °� �Cl LLJI NOTitlrO awn anfTl'1d-laodury sc� u u awn owmna-iaoanry aNa� ";�" �v 6jj w� d �6 and aroa 3uaw000 3a�r oas �� ��n ataa,M (t9p u'a/ ayyA3Y�pP�NVtli s� � m�`, � i� nsW'nV owa xmd-au3w000 3RO'N 1Ynl WWI ¢8� PUDZ- 2005 -AR -7299 A r MANCNES EK Sw Arm EXHIBIT D 0_ Q W U) Ii Z O I- U O Aft i a, Z w 3 a F C J j w3 Obvn31009 31vUL Y103J50 �`, � m N I 1 I I 1 I u � \� .III. I I I II F IS oII �d 1 II N I' I .i� 1 11 w II I I I II I I I I Im N � II II r I I I 0 w " I w �8 " 6 - E Iw x" - 4', E -9 3 N8 IN Noz �a _ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ❑ Normal legal Advertisement (Display Adv., location, etc.) L ua /�l N r »l I" ® Other: Legal Advertisement Must be advertised 30 days in advance of Hearing - Advertisement date November 11, 2005 Originating Dept/ Div: Public Utilities Engineering PftwM, iramatges, Pringipal Project Manager Date: November 2, 2005= -;, Petition No. (If none, give brief description): NA Petitioner: (Name & Address): NA Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Ted Fylstra Kurt Pfeffer, P.E. Angie Brewer & Associates Hazen & Sawyer 9104 58 h Drive East 2101 Corporate Blvd., Suite 301 Bradenton, FL 34202 Boca Raton FL 33431 Hearing before ® BCC BZA Other Requested Hearing date: (Based on advertisement appearing 30 days before hearing): December 13, 2005 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: See attached Notice of Public Hearing Companion petition(s), if any & proposed hearing date: None Does Petition Fee include advertising cost? ® Yes ❑ No. If Yes, what account should be charged for advertising costs: 412- 273512- 649100 - 700971 Divisiod Admini List Attachments: N 1113L� or sisnee Date of Public Hearing on December 13, 2005 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 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 U g. ICE; Date Receive � Date of Public hearin D ate Advertised: NOTICE OF PUBLIC HEARING 8 F Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 13, 2005, in the Boardroom, 3`d 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 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 12 MGD RO EXPANSION FACILITIES PLAN, OCTOBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND TO DESIGNATE AUTHORITY TO AUTHORIZED COUNTY EMPLOYEES This hearing will include, but not be limited to the discussion of the plans to expand the Collier County South County Regional Water Treatment Plant. Additionally, the financial impact on system users will be discussed. The hearing is intended to afford the opportunity to individuals to be heard on economic and social effects of the location, design and environmental impact of the potable water treatment facilities recommended in the South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan, October, 2005. Funding for this project is anticipated to come from the Florida Department of Environmental Protection State Revolving Fund (SRF) loan program. The South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan document can be reviewed beginning November 11, 2005 at Collier County Public Utilities Division, 3301 E. Tamiami Trail, Building H, 3rd Floor, Naples, Florida. NOTE: All persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 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 8F 4 DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan, Deputy Clerk (SEAL) EIS RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 12 MGD REVERSE OSMOSIS FACILITIES PLAN, DATED OCTOBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND AUTHORIZING DELEGATION OF AUTHORITY TO AUTHORIZED COUNTY EMPLOYEES WHEREAS, Collier County has determined that the projects recommended in the Collier County South County Regional Water Treatment Plant 12 MGD Reverse Osmosis (RO) Facilities Plan need to be implemented; and WHEREAS, Collier County is seeking funding from the Florida Department of Environmental Protection (FDEP) under its State Revolving Fund Program to fund the subject improvements to benefit Collier County's Water /Sewer customers; and WHEREAS, staff has requested that the Board of County Commissioners approve the Collier County South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan and Drinking Water State Revolving Fund Business Plan in accord with the State Revolving Fund's requirements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, that: Collier County, a political subdivision of the State of Florida, hereby adopts the Collier County South County Regional Water Treatment Plant 12 MGD Reverse Osmosis Expansion Facilities Plan (copy attached and incorporated herein). 2. The Collier County Drinking Water State Revolving Fund Business Plan having been delivered to each Board Member for their individual reviews is hereby adopted. 3. The Board of County Commissioners hereby authorizes the submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the responsibilities under this Loan Program and to delegate authority and responsibility to County staff to carry out all activities needed to accomplish all goals of this Loan Program provided such actions do not consist of additional commitments on the County's behalf that require additional approval from this Board. 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this in favor of adoption. ATTEST: DWIGHT E. BROCK, Clerk Im Deputy Clerk day of Approved as to form and legal sufficiency: Thomas 1C. Palmer Assistant County Attorney 2005 after majority vote BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT Lim FRED W. COYLE, CHAIRMAN 8F A" November 4, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SCRWTP Expansion Resolution Dear Legals: Please advertise the above referenced notice on Friday, November 11, 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 P.O. Account: 412 - 273512- 649100 (Project #700971) 8F NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 13, 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 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 12 MGD RO EXPANSION FACILITIES PLAN, OCTOBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND TO DESIGNATE AUTHORITY TO AUTHORIZED EMPLOYEES This hearing will include, but not be limited to the discussion of the plans to expand the Collier County South County Regional Water Treatment Plant. Additionally, the financial impact on system users will be discussed. The hearing is intended to afford the opportunity to individuals to be heard on economic and social effects of the location, design and environmental impact of the potable water treatment facilities recommended in the South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan, October, 2005. Funding for this project is anticipated to come from the Florida Department of Environmental Protection State Revolving Fund (SRF) loan program. The South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan document can be viewed beginning November 11, 2005 at Collier County Public Utilities Division, 3301 E. Tamiami Trail, Building H, 3rd Floor, Naples, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 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. SF BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) �oiunty -af Co-llier CLERK OF TIFF✓ CIRCUIT COURT 8F URT OUSE Dwight E. Brock COLLIER C N OUTY 4 Clerk of Courts g 3301 TAMIAMI TAIL EAT Clerk of Courts P.O. BOX 4h 1044 Accountant NAPLES, FLORIDA,31101 -3044 Auditor f Custodian of County Funds November 4, 2005 Ted Fylstra Angie Brewer & Associates 9104 58th Drive East Bradenton, FL 34202 Re: Notice of Public Hearing to consider a Resolution adopting Collier County's South County Regional Water Treatment 12 MGD RO Expansion Facilites Plan, October, 2005 Dear Sir: Please be advised that the above referenced Resolution will be considered by the Board of County Commissioners on Tuesday, December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this Resolution will be published in the Naples Daily News on Friday, November 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK l Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkCa derk.collier.fl.us Cunntyy -of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URT4PU; 3301 TAMIAMI T AIL EAT Clerk of Courts P.O. BOX 4� 044 '. NAPLES, FLORIDA" $101- 3044 November 4, 2005 Kurt Pfeffer, P.E. Hazen & Sawyer 2101 Corporate Blvd., Suite 301 Boca Raton, Fl 334131 Rr "* .0 ---ft Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider a Resolution adopting Collier County's South County Regional Water Treatment Plant 12 MGD RO Expansion Facilites Plan, October, 2005. Dear Sir: Please be advised that the above referenced Resolution will be considered by the Board of County Commissioners on Tuesday, December 13, 2005, as indicated on the enclosed notice. The legal notice pertaining to this Resolution will be published in the Naples Daily News on Friday, November 11, 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 (i�clerk.collier.fl.us 8F Ann P Jennejohn To: legals @naplesnews.com Subject: SCRWTP Expansion Resolution Attachments: SCRWTP Expansion Resolution.doc; SCRWTP Expansion Reso.doc Good Morning, Please advertise the attached on Friday, November 11, 2005. Please call with any questions. Thanks, and have a good weekend! Ann 774 -8406 I SCRWTP Expansion Resolution.do... 1 SCRWTP Expansion Reso.doc (23 ... i Ann P. Jenne'ohn BF From: ClerkPostmaster Sent: Friday, November 04, 2005 1:17 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT548106.txt; SCRWTP Expansion Resolution D LI ATT548106.txt SCRWTP Expansion (229 B) Resolution 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 BF From: System Administrator [postmaster @naplesnews.com] Sent: Friday, November 04, 2005 1:17 PM To: Ann P. Jennejohn Subject: ^. Delivered: SCRWTP Expansion Resolution Attachments: SCRWTP Expansion Resolution LLJ SCRWTP Expansion Resolution « SCRWTP Expansion Resolution>> Your message To: legals @naplesnews.com Subject: SCRWTP Expansion Resolution Sent: Fri, 4 Nov 2005 13:16:46 -0500 was delivered to the following recipient(s): legals on Fri, 4 Nov 2005 13:16:55 -0500 1 SCRWTP Expansion Resolution Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Friday, November 04, 2005 1:38 PM To: Ann P. Jennejohn Subject: RE: SCRWTP Expansion Resolution X2 - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Friday, November 04, 2005 1:17 PM To: legals @naplesnews.com Subject: SCRWTP Expansion Resolution Good Morning, Please advertise the attached on Friday, November 11, 2005. Please call with any questions. «SCRWTP Expansion Reso.doc>> Thanks, and have a good weekend! Ann 774 -8406 11/4/2005 Page 1 of 1 «SCRWTP Expansion Resolution.doc>> Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ------------------- - NOTICE OF PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 412273512649100 59133944 NOTICE OF PUBLIC HEA 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: 11 /11 11 /11 ttnIt Notice Is Bo deof given Commissioners of Cof• Ile? County will hold a Public heariNg on Tues- day, December 13, 2005 In the Boardroom, 3rd Floor, Administration Building, C0111er County Government Center, 3301 East Tarnlaml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. THE BOARD WILL CON SIDER A RESOLUTION OF' THE BOARD OF COggUNTY CO'LLI RiCOUNTYFi,' FL.0R1DA, AOOPTINGf Cb ►I. IUD. r- Ailu —V 1 THORITY TO AUTHOR- IZED EMPLOYEES This hearing will in• to ed CsuSIOni Plan to expand the Col• Of the Pier C South Coun• meh�t to t to meat: ally the financial Im• pa on system users Plant 12 MGD RO Expan Sion bber, 2h-. Fyndlnoo to this project is anticipat• Fldcefnt of loraDpartmet AD SPACE: 150.000 INCH Environmental Protec- FILED ON: 11/11/05 tion State Revolving --- - - - - -� -- -------- - - - - +_ -Fund (SRF) loan pro. -- - - - - - - - - - - - - - - - - - - -- gram. Signature of Affiant The South.County'Re- NOTE. All Persons wish- tospe Quust�yroapiry M Ifor�1�0C to Apre- 5 , aflOrl OT SI'le ag@nQA It m to be addressed. Individual speakers will Von or group is ged. If recog- y the Chair, a person riiatlon allotted 10 min- speak on an have 0 3 scan a minimum of sev- en' days prior to the public Clearing. All ma- terial used In presents- tlons before the Board will become a perma- nent part of the'record. Any person who decid- es to pe a al a decision of the 441 need a record of t e proceed- - - - - - - - - - - 'Inge pertaining thereto and therefore, may need to ensure that a verbatim record of the =edings is made, h sacwEat inciudes _411 ) t e testimony and evi- Sworn to and Subscribed before me this day of }Z 20 dance upon which the j appeal is based. Personally known by me , 1.7f �,2it ` � tiCli( q t 100 ry 4.59 �XFll�k: Ll,,:? ;on BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED COYLE. CHAIRMAN DWIGHT E. BROCK, CLERK E B : CleM lennejohn, Dep- (L) Nov. 11 No.1257849 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL#,P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original dowmenis should be hand delivered to the Board Office. The completed routings lip 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 _ __ __ �. .:r r.—s #t throu h #a com fete the checklist. and forward to Sue Filson (line #5). exce non or me Chairman s St natwe, to t11 ., uue u.. w- ....,� Route to Addressee(s) (List in routing order) .. . ....... .. ........ ..... ._...�_ Office Initials Date 1. Fred W. Coyle Board of County Commissioners (Initial) Applicable) 2. December 13, 2005 Agenda Item Number 17 C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution # 2005..6 d t:34 Number of Original I 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 sununary. 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 Porfirio E. Gramatges Phone Number 774 -5836 Contact appropriate. (Initial) Applicable) Agenda Date Item was December 13, 2005 Agenda Item Number 17 C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution # 2005..6 d t:34 Number of Original I Attached resolutions, etc. signed by the County Attorney's Oft ice and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, 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) 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 Oft ice 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 ne otiated 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. document was approved by the BCC on_12 /13/2005_(enter date) and all changes 1The 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 W WS Original 9.03.04, Revised 126.05, Revised 2 -24.05 RESOLUTION NO. 2005- 434 8 F A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 12 MGD REVERSE OSMOSIS FACILITIES PLAN, DATED OCTOBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND AUTHORIZING DELEGATION OF AUTHORITY TO AUTHORIZED COUNTY EMPLOYEES WHEREAS, Collier County has determined that the projects recommended in the Collier County South County Regional Water Treatment Plant 12 MGD Reverse Osmosis (RO) Facilities Plan need to be implemented; and WHEREAS, Collier County is seeking funding from the Florida Department of Environmental Protection (FDEP) under its State Revolving Fund Program to fund the subject improvements to benefit Collier County's Water /Sewer customers; and WHEREAS, staff has requested that the Board of County Commissioners approve the Collier County South County Regional Water Treatment Plant 12 MGD RO Expansion Facilities Plan and Drinking Water State Revolving Fund Business Plan in accord with the State Revolving Fund's requirements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, that: 1. Collier County, a political subdivision of the State of Florida, hereby adopts the Collier County South County Regional Water Treatment Plant 12 MGD Reverse Osmosis Expansion Facilities Plan (copy attached and incorporated herein). 2. The Collier County Drinking Water State Revolving Fund Business Plan having been delivered to each Board Member for their individual reviews is hereby adopted. 3. The Board of County Commissioners hereby authorizes the submission of this Plan to the State of Florida Department of Environmental Protection. 4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the responsibilities under this Loan Program and to delegate authority and responsibility to County staff to carry out all activities needed to accomplish all goals of this Loan Program provided such actions do not consist of additional commitments on the County's behalf that require additional approval from this Board. 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 13 day of L— r_NA Q* , 2005 after majority vote in favor of adoption. ATTFST;; . DWIGHT'EAROC$, Clerk BY Juual.uti.CDC AtL u - .lie J6 IIrm.6 styinatu� .oi� a Approved as to form and legal sufficiency: Thomas '_.Palmer Assistant County Attorney �t,lLt:Kant!l�t��r ,. BOARD OF COUNTY CONWf8SIONERS COLLIER COUNTY, FLORIDA, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY? WATER - SEWER DISTRICT BY� W FRED W. COYLE, CHAIR ede ta_15=2051 Date Date Recd Z _' L6 MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, CLA County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -425 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures • 1 MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissioner FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -425 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 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 routiug 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 throw h routing lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office IS (List in routing order) Date 2 al 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 off ice only aller the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Contact Count Attorney's Office EExtension 40 0 Agenda Date Item was December 13, 2005 Agenda Item Number A roved b the BCC Type of Document Resolution Number of Original 1 Attached Documents Attached I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 116.05, Revised 2.24.05 RESOLUTION NO. 2005 -425 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CONFIRM THE APPOINTMENT OF JERRY SANFORD, TO THE COLLIER COUNTY CITIZENS CORPS ADVISORY COUNCIL. WHEREAS, the Board of County Commissioners, on November 5, 2002, adopted Collier County Ordinance No. 2002 -56 which created the Collier County Citizens Corps Advisory Council; and WHEREAS, Ordinance No. 2002 -56 provides that the Collier County Citizens Corps Advisory Council shall be composed of eleven (11) voting members representing Neighborhood Watch, Community Emergency Response Team, Collier County Fire Chiefs Association, Civil Air Patrol, Coast Guard Auxiliary, American Red Cross, Salvation Army, Retired Senior Volunteer Program, Collier County Veterans Council, and Collier County Business Industry; and WHEREAS, there is currently a vacancy on this Council for a fire department representative; and WHEREAS, the Emergency Management Coordinator for Collier County has provided the Board of County Commissioners with the Fire Chief Association's nominee for appointment to this Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Jerry Sanford, representing the Fire Chief's Association, is hereby confirmed and appointed to the Collier County Citizens Corps Advisory Council for a 4 year term, said term to expire on November 5, 2009. This Resolution adopted after motion, second and majority vote. DATED: December 13, 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Y By: t r Dep v.� FRED W. COYLE, Chairm Approved i Nr i i j and legal sufficiency: David C. Weigel County Attorney MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, CLA County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -426 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9B) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures • p VAM MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissioner FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -426 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9B) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9B 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 tion 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) List in routing order) Office Initials Date 1. County Attorney's Office (Initial) Applicable) 2. December 13, 2005 Agenda Item Number 913 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, 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 December 13, 2005 Agenda Item Number 913 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 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. v 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. 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 -426 . 96 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO REAPPOINT MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975, and was composed of five (5) members; and WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted Ordinance No. 93 -81 which increased the membership from five (5) members to seven (7) members; and WHEREAS, the terms of two members will expire creating vacancies in the category of Naples and Urban Area Community Park District; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Parks and Recreation Advisory Board 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. Timothy D. Toole, representing the Naples and Urban Area Community Park District, is hereby reappointed to the Parks and Recreation Advisory Board for a 4 year term, said term to expire on December 31, 2009. 2. Joseph C. Overbeck, representing the Naples and Urban Area Community Park District, is hereby reappointed to the Parks and Recreation Advisory Board for a 4 year term, said term to expire on December 31, 2009. This Resolution adopted after motion, second and majority vote. DATED: December 13, 2005 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. Aprt� Ck FRED W. COYLE, Chairm , iffte Approve6,45',Ottrr� and legal sufficiency: David C. Weigel County Attorney '9 C MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, CLA County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -427 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9C) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures 9C I MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissioner FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -427 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9C) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9C 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 checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. County Attorney's Office (Initial) Applicable) 2. December 13, 2005 Agenda Item Number 9C 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, 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 December 13, 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 1 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 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 approlpri 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 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 C ttorne '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 90 RESOLUTION NO. 2005 -427 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE BLACK AFFAIRS ADVISORY BOARD. WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 91 -38, as amended, creating the Black Affairs Advisory Board, and provides that the Advisory Board shall consist of nine (9) members; and WHEREAS, there are currently vacancies on this Board; 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: 1. Stewart C. Brown is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2009. 2. John M. Brunner is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2009. 3. Fay E. Ghorayeb is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2009. This Resolution adopted after motion, second and majority vote. DATED: December 13, 2005 ATTEST: DWIGHT E. BROCK, Clerk legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA v: FRED W. COYLE, Chairman MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, CLA County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -428 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #91)) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures l -1 z MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissioner FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -428 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9D) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ,M B 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 41 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the I' h h tin lines 41 throu h #4 complete the checklist, and forward to Sue Filson (line #5). exception of the Chairman s signature, draw a met rou Route to Addressee(s) (List in routing order) 1. rou Office Initials Date 2. County Attorney's Office (Initial) Applicable) 3. December 13, 2005 Agenda Item Number 9D 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 1 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 December 13, 2005 Agenda Item Number 9D 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 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 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 V 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. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 90 14 RESOLUTION NO. 2005 -428 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT JEFFERY SCOTT ALLBRITTEN TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL WHEREAS, Collier County Ordinance No. 80 -80 created the Emergency Medical Services Advisory Council; and WHEREAS, the Bylaws of the Emergency Medical Services Advisory Council provides that the Advisory Council shall be composed of fourteen (14) regular members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Emergency Medical Services Advisory Council has provided the Board of County Commissioners with its recommendation for appointment to their Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Jeffery Scott Allbritten, representing Commission District 2, is hereby appointed to the Emergency Medical Services Advisory Council for a 3 year term, said term expiring August 31, 2008. This Resolution adopted after motion, second and majority vote. DATED: December 13, 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , By. eputjilt FRED W. COYLE, Chairman �, �'Cfi�lfirAar, • s AppffW',4C' -Wr legal sixf kieow," +tFtY. tt99e4ttttt� ' r David C. Weigel County Attorney 9E MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -429 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9E) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures 9.t MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissioner FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -429 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9E) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 F 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 l' 11 th o h #4 com lete the checklist and forward to Sue Filson (line #5). exception of the Chairman's signature, draw a hne throu h Route to Addressee(s) List in routing order) rout ng mes r u Office Initials Date 1. County Attorney's Office (Initial) A licable) 2. December 13, 2005 Agenda Item Number 9E 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, 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) A licable) Agenda Date Item was December 13, 2005 Agenda Item Number 9E 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 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 appropriate. (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 N/A Office and all other parties exce t 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 -429 9E A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT KIRK P. COLVIN TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 78 -49 created an advisory committee for the Isles of Capri Fire Services Tax District; and WHEREAS, Ordinance No. 78 -49 provides that the advisory committee shall consist of three to five members; 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Kirk P. Colvin meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a 2 year term, said term to expire on December 31, 2004. This Resolution adopted after motion, second and majority vote. DATED: December 13, 2005 ATTEST: DWIGHT E. BROCK, Clerk ............ P I% Approved tb"fV6 and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 FRED W. COYLE, Chairm EXECUTIVE SUMMARY A request that the Collier County Board of County Commissioners (Board) adopt a resolution expressing support to the Lee County Commissioners in their efforts to find solutions to the Lake Okeechobee freshwater release issues. OBJECTIVE: To endorse and support the efforts of the Lee County Board of County Commissioners relating to the issues of Lake Okeechobee. CONSIDERATIONS: The Board acknowledge that the issues and problems associated with Lake Okeechobee freshwater releases directly influence Collier County through the affects to the South Florida ecosystem, marine life, estuaries, and economic impacts to Florida and South Florida tourism. FISCAL IMPACT: There is no fiscal impact associated with this resolution. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this resolution. LEGAL CONSIDERATIONS: This resolution has been reviewed for legal sufficiency by the County Attorney's Office. Prepared by: Sam Tucker Executive Aide Board of County Commissioners DATE ITEM -# _� RESOLUTION NO. 2005- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE LEE COUNTY COMMISSION EFFORTS TO FIND SOLUTIONS TO LAKE OKEECHOBEE FRESHWATER RELEASE ISSUES. WHEREAS, the Board of County Commissioners of Collier County, Florida and the residents of Collier County have been knowledgeable of and increasingly more aware of the issues and problems associated with Lake Okeechobee freshwater releases and the South Florida ecosystem; and WHEREAS, Gulf water and marine life in Collier County are affected by the freshwater releases; and WHEREAS, as part of the approach to achieve solutions to South Florida ecosystem problems, the Lee County Board of County Commissioners has endorsed the Lake Okeechobee Estuary Recovery (LOER) initiative; and WHEREAS, the Lee County Board believes that without certain actions being taken, (further) damage is to be sustained for the lake and the estuaries as well as negative economic impacts to Florida and South Florida tourism; and WHEREAS, the Lee County Board believes a state of emergency exists and requests that the emergencies as described in its letter to the Governor dated December 5, 2005 be recognized and declared by the Governor; and WHEREAS, the Lee Board's request for actions based upon a declared emergency includes: (1) A Declaration of Emergency for affected estuaries; (2) Lake Okeechobee Protection Act expansion; (3) The identification of unused or storm- damaged low- lying, subsided or other overflow lands that are served by "Works of the District" that could receive floodwaters; and WHEREAS, the Lee County Board also recognizes private property rights of affected or potentially affected landowners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board endorses and supports the efforts of the Lee County Board of County Commissioners relating to the issues of Lake Okeechobee freshwater release and the South Florida ecosystem, more particularly iterated in the Lee County Board of County Commissioners' December 5, 2005 letter to Governor Bush attached hereto as Exhibit "A ". Adopted this — day of December, 2005. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: DEPUTY CLERK Approved as to form d legal sufficiency: 14 7 Id David C. Weigel, ounty rney 05- HEN -01249/5 BY: Fred W. Coyle, CHAIRMAN J LEE CoUNTy SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS Writer's Direct Dial Number Bob.lanas DkWOrw December 5, 2005 Mugu DbW Tw,s` w`r'y The Honorable Jeb lush, Governor fry Office of the Governor The Capitol Tallahassee, FL 32399 -0001 Tammy Halt • SUBJECT: EMERGENCY DECLARATION John ion E Rr� rx W Rm. Dear Governor Bush: DaWd n sWwd can*M-Wer . The series of hurricanes that began in 2004 and have continued to almost the present moment aww 14 aao y has created unusual and critical conditions for the South Florida ecosystem. The `signature' example of this critical condition Is Lake Okeechobee's water --its total volume and quality: D&sm u. Parkw The unrecognfred victims of this condition are the estuaries to the east and west--the St. Eambw Lucie/Indian River and the Ca toosaha#chae/Charlotte Harbor estuaries. What is before the Lee County Commission Is the conclusion that areas have been `triaged' without public. debate or legislative direction. Nowhere in Everglades Restoration planning or legislation Is'there the conclusion that the quality of the estuaries and the Lake itself were to be sacrificed for the demands of a few businesses. Economic as well as. environmental Impacts Of the triage are broad and becoming pervasive. The Lake Okeechobee Estuary Recovery (LOER) initiative is a critical and vital first step. The Lee County Cornmisslon applauds and supports this Initiative. Sadly, within a week of its announcement, nature demonstrated through Hurricane Wilma that we do not control its vagarities. Consequently, the Immediate component of relief for our estuaries and the take itself, the managed recession, was suspended. Even more sadly, continuous high discharges are being made to the estuaries to the east and west at catastrophic ievels that will l noot even afford relief to the lake. This Is because not all options are being exercised—there are no discharges to the south beyond the Irrigation needs of the growers to the south. All we are fold Is hope that It Is a dry winter and spring -as if praying far drought and Its consequences on groundwater users Is fo be a desirable condition. Damage is to be sustained for the lake and the estuaries, without relief that could be afforded by water going to the south, its natural and historic direction until very recently. For us, a state of emergency exists. It exists because some low- lying, subsided, or overflow lands are being protected from what should be considered normal wet conditions. This unusual protection afforded no where else overburdens state -lands further south as -they receive unusual discharges from lands that are naturally inundated. As testimony given the 9 County Coalition on December I" Indicated. these even more southerly lands feel that they too are In s state of emergency. The Lee County Board of County Commissioners requests that these emergencies be recognized and declared for what they are —long term and sustained damage to Florida's economy. Florida's economy is dominated by tourism. And tourism is sustained by a positive Image and a positive experience. We are a major part of that Industry, and that industry is being damaged In a IDng term, sustained manner. it is unnecessary to point out to you the adverse press nationally that results from the effects these discharges are having. F.O. Box 398, Fort Myers, Florida 33902 -0398 (239) 335 -2111 Intemet address httpJ/www.lee- countycom Raryckd Fe�� AN EQUAL OPPORTUNIVAFFIRMATNF A(MAN M101 nv=m We need a declared emergency to inspire action. The actions we need are: 1. A Declaration of Emergency for our Estuaries. Surveyed and doqumented business damages and wage losses have occurred from the induced flooding by vast volumes of sediment and nutrient ladened waters. An Emergency Declaration, supported by Legislative appropriation, Is needed to recognize the harm and provide the vehicle for compensation of damages to clamming, crabbing, and river/harbor fishing businesses. Documented damage to tourism businesses should also be covered by this declaration. 2. Lake Okeechobee Protection Act expansion. The Caloosahatchoe River, and its attendant four National Wildlife Refuges deserve the same level of water quality determination being afforded Lake Okeechobee, Loxahatchee Nationa[ Wild .liifi3 Refuge, and the Water Conservation Areas. 3. The identification of unused or storm damaged low-lying, subsided or other overflow .lands that are served by the "Works of the ['Istria" that could receive floodwaters. We request that these landowners be contacted for receiving this dqciaration Who would then be reimbursed for any damages for remaining. crops- and ills wormers for lost wages. We request this state of emergency be in effect until the managed recession proposed in . LOER be undertaken. We recognized and accept the concept of shared adversity. Consequently, we do not expect relief from all lake discharges, even though the quality- Itself Is harmful. We do request that enough land be identified and covered by the emergency declaration that the flows to the estuaries east and west be reduced to less-than catastrophic levels-;..w enough land Identified to enable the managed recession to begin this year, so the Lake can start to recover, giving us hope for our own recovery to begin In 2006, rather than 2007 as currently forecasted. Right now, adversity is not shared. A favored area of the SFWMD Is being protected from' the adversity it is causing elsewhere. Undertaking the emergency declaration and identif*g suitable lands would at least begin to afford us some hope for improvement, and some sharing of the adversity. Given the nature of Everglades Restoration, Accelerate and CERP Itself will reduce, but not resolve the problem of high take levels nor harmful discharges to the estuaries. Establishing the places and funding mechanisms by which landowners can be compensated for storing water for wet year, peak wet season conditions seems to be a necessaiy com .netit..for ensuring the South Florida economy in all Its components can continue tQ. be the great part of Florida's economic engine that it Is. The only immediate relief that' can be given is the qu .ldc identification of such taniiommers and the reactivation of agreements a teed in the past for such storage. Tam a a ; rwoman, faistrict#4 Robe an . , ice-C n Board of Lee County Commissioners District #1 . ohn Albion District #5 Douglas R. St. Cemy Distri #2 Ray ldW District#3 9f MEMORANDUM Date: December 14, 2005 To: Nancy Bradley, Legal Assistant Office of the County Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -430: Lake Okeechobee Freshwater Realease. Enclosed please find two (2) certified documents as referenced above, Agenda Item #9F, as approved by the Board of County Commissioners on Tuesday, December 13, 2005. The Minutes and Records Department has kept the original document for public record. If you should have any questions, please contact me at ext. 7240. Thank you. Enclosures (2) �= 9F RESOLUTION NO. 2005- 430 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE LEE COUNTY COMMISSION EFFORTS TO FIND SOLUTIONS TO LAKE OKEECHOBEE FRESHWATER RELEASE ISSUES. WHEREAS, the Board of County Commissioners of Collier County, Florida and the residents of Collier County have been knowledgeable of and increasingly more aware of the issues and problems associated with Lake Okeechobee freshwater releases and the South Florida ecosystem; and WHEREAS, Gulf water and marine life in Collier County are affected by the freshwater releases; and WHEREAS, as part of the approach to achieve solutions to South Florida ecosystem problems, the Lee County Board of County Commissioners has endorsed the Lake Okeechobee Estuary Recovery (LOER) initiative; and WHEREAS, the Lee County Board believes that without certain actions being taken, further damage is to be sustained for the lake and the estuaries as well as negative economic impacts to Florida and South Florida tourism; and WHEREAS, the Lee County Board believes a state of emergency exists and requests that the emergencies as described in its letter to the Governor dated December 5, 2005 be recognized and declared by the Governor; and WHEREAS, the Lee Board's request for actions based upon a declared emergency includes: (1) A Declaration of Emergency for affected estuaries; (2) Lake Okeechobee Protection Act expansion; (3) The identification of unused or storm - damaged low- lying, subsided or other overflow lands that are served by "Works of the District" that could receive floodwaters; and WHEREAS, the Lee County Board also recognizes private property rights of affected or potentially affected landowners. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board endorses and supports the efforts of the Lee County Board of County Commissioners relating to the issues of Lake Okeechobee freshwater release and the South Florida ecosystem, more particularly iterated in the Lee County Board of County Commissioners' December 5, 2005 letter to Governor Bush attached hereto as Exhibit "A ". Adopted this 13`h day of December, 2005. ATTEST: D \Ndgia'4*' mpk, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY � � cw � BY: t W > Fred W. Coyle, CHAIRMA Att-04 SL's 11'i ' 5 st Approve gal sufficiency: ,_ R'W 0 David C. Weigel, County 05-HEN-01249/10 J LEE COUNTY SOUTHWEST FLORIDA SOM M OF COUNTY COMMISSIONERS organs DkW oiaf rvumbor eaa.arm organ. December 5, 2005 � mss` �"y The Honorable Job Bush, Governor f, Akhh Office of the Governor DAM n,,,. The Capitol Tw" Hex Tallahassee, FL 32399 -0001 CYeaia Far SUBJECT: EMERGENCY DECEA 110- N .fan a Albion D&WRM Dear Governor Bush: oorodd a 98wol - The series of hunicanes that began in 2004 and have continued to almost the present moment � n has Created unusual and chiral conditions ivr the South Florida ecosystem. The `3lgnah1W example of this critical condition is Lake Okeechobee's water --its total volume and duality. DCam KPz*w The unrecognized victims of this condition are the estuaries to the east and west. —the St I.We4ndlan River and the Caloosahatchee/Cheriotte Harbor estuaries. What is before tare Lae County Commission Is the condusion that areas have been 'riiaged' without public debate or legislative direction. Nowhere in Everglades Restoration planning or legislation is there the conclusion that the quathy of the estuaries and the Lake itself were to be sacrificed for ft demands of a few businesses. Economic as will as environmental Impacts Of the triage are broad and becoming pervasive. The Lake Okeechobee Estuary Recovery (LOER) initiative is a critical and vital first step. The Lee County Commission applauds and supports this initiative. Sadly. within a week of tits announcement, nature demonstrated through Hurricane Wtima that we do not control its vagaWes. Consequently, the Immediate component of relief for our estuaries and the fake itself, the managed recession, was suspended. Even more sadly, continuous high discharges are being made to the estuaries to the east and west at catastrophic levels that will not evert afford relief to the lake. This is because not all options are being exerdsed- 4hem are no discharges to the south beyond the Irrigation needs of the growers to the south. All we are told is hope that it Is a dry winter and spring —mss if praying for draught and ib consequences on groundwater users Is to be a desirable condition. Damage is to be sustained for the lake and the estuaries, without relief that Could be afforded by water going to the south, its naturd and historic direction until very recently. For us, a state of emergency exists. ft exists because some low- lying, subsided, or overflow lands are being protected from what should be considered normal wet conditions. This unusual protections afforded no where else overburdens state lands further south as -they receive unusual discharges from lands that are naU'Wly Inundated. As testimony given the 9 County Coalition an December 191 indicated. these even more southerly lands fees that they too are In a state of emergency. The Lee County Board of County Commissioners requests that these emergencies be recognized and dedared for what they are --long term and sustained damage to Florida's economy. Florida's economy Is dominated by tourism. And tourism is sustained by a positive image and a positive experience. We are a major part of that Industry, and that Industry is being damaged In a long term, sustained manner. It Is unnecessary to point out to you the adverse press nationally that results from the effects these discharges are having. PD. Box 388, Fort Myers, Florida 33902 --0398 (239) 335 -2111 !D R-WW Papa fntemet address httpinuwwJee -=unty com AN WUAL0PP0RTUNfrYAFF1RMATWAr:"fnQ PLMI nvao EXHIBIT A 9F V- ' 9F We need a declared emergenW to inspire action. The actions we need are. ' 1. A Declarallon of Emergency for our Estuaries. Surveyed and documented business damages and wage losses have occulted from the Induced floodV by vast volumes of sediment and nutrient ladened waters. An Emergency Declaradoq, supported by Leglsfa&e appropriation, Is needed to recognize the harm and provide the vehicle for cwmpensation of damages to damming, crabbing, and dvedharbori #W*g businesses. Documented damage to tourism businesses should also be covered by this declaration. 2. Lake Okeechobee Protection Act expansion. The Caloosahatchee River, and Its attendant four National Wildlife Refuges deserve the same level of water determination being afforded Lake Okeechobee, Lomdu tcese National Witcub Refuge and the Water Conservation Areas_ 3. The kdenbilm4on of unused or storm damaged Iowa ift, subsided or other overflow lands that are served by the Vorim of the D19MW that could recehre floodWstars. We request that these landowners be contacted for receiving this dedarallon Who would' then be reimbursed for any damages for remaining crape and the workers for lost wages. We request fhis state of emergency be in effect until the managed recession proposed N LOER be undertaken. We recognized and auoept the concept of shared adversity. Cansequerft we do not expect relief from all lake discharges, Wien though the quality itself is hamrful. We do request VW enough land be identified and covered by the emergency declaration that the flows to the estuaries east and Brest be reduced to less-than catastroptrtc leve18• -•fir enough land ldantiflW to enable #re managed recession to begin this year, so the L.aM can start to meow. giving us hope for our own MCMGry to begin Jr: 2008, rather It= 2007 as currently tomcaesbed. Right now, adversity Is not shared. A favored area of the SFWMD is b ft protecisd from the adversity It Is causing elsewhere. Undertaking the emergency declaration and Identifying suitable lairds would at least begin to afford us some hope for improvement. and some sharing of the +adversity. Given the nature of Everglades Restoration, Accelerate and CERP Itself will reduce but not resolve tfm problem of high take levels nor harmful discharges to the estuaries. Establishing the places and funding mechanisms by which landowners can be compensated for storing water for wet year. peak wet season corKMk ns seems to be a necessary componertt for ensuring the South Florida economy in aA Us components can continue to be the great part of Florida's economic ertgtns that it Is: The only lmmGdkft pellet that can be ghred Is the quick ldentltication of such laftffi rem and the reactivation; of agMements used In the past for such storage. Tam Wrw(xnm . Dlst7tctf4 Robe an Board of Lee County Commissioners District #1 ohn Alblon District #5 Douglas R. St Cerny DI #2 7 Ray�� District#3 106 MEMORANDUM Date: December 14, 2005 To: Sharman Veger, Property Acquisition Specialist Real Estate Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Agreement for Sale and Purchase to acquire residential lot for expansion of the County's Bayview Park - Project 800601. Enclosed please find a copy of the original purchase agreement, as referenced above, approved by the Board of County Commissioners on Tuesday, December 13, 2005 (Agenda Item 1013). If you should have any questions, please contact me at ext. 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID' a TO ACCOMPANY ALL ORIGINAL DOCUMEN'T'S SENT TO 10B. 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 nesting 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 —Wng U..— *I .1......1 x• ___ _ ___ ____ ... Route to Addressee(s) (list in routing order) ... ... , m......,.. , g+. w11 ieie tae cneortasr, a=n Office a forward to Sue Filson Initials (line #5). Date 1. >J V B 6o (Initial) , a _ 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number 3. 1 - N 3— C) S 1 4. pre R e C—� Th g 1.1 T -�-V P, 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 i tem. ) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact ' >J V B 6o (Initial) , a _ Agenda Date Item was signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number Approved by the BCC 1 - N 3— C) S 1 Type of Document pre R e C—� Th g 1.1 T -�-V P, Number of Original Attached AL-0 f tJRC�aPrSg Documents Attached INSTRUCTION4 & rwirrKT.rCT 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 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 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. S V 47 here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. �f 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! �J 6. The document was approved by the BCC on 1,1-13- 05 date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the changes, if applicable. S� l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10/20/2005 15:57 FAX 2396493410 Z002/009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DAVE ACKERSON AND ROBIN L. ACKERSON, Husband and Wife, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: Lot No. 27, Naples Bayview _Addition No. 1, according to the Plat thereof, as recorded in Plat Book 4, page 20, of the Public Records of Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. If. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Two Hundred Eighty Five Thousand and no1100 Dollars, ($285,000.00) (U.S. Currency) payable at time of closing. III. CLQSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING" OR "CLOSING ") of the transaction shall be held on or before sixty (80) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. Should Closing not occur, however, by December 31, 2005, through no fault of Seller, Seller may cancel Agreement in which event Purchaser shall pay Seller One Thousand ($1,000.00) Dollars, as liquidated damages per Section 1X. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, other than as provided in 3.011 below. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser - Seller closing statement. 1:.106 10/20/2005 15:57 FAX 2396493410 Z003/009 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. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for proration as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date of execution of this Agreement by Seller, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or for Seller to remedy such exceptions as provided below. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner and within the time 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 10/20/2005 15:58 FAX 2396493410 1004/009 expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. 4.013 Seller agrees to furnish any existing surveys of the Property within twenty (20) days of execution of the Agreement by Seller without representation or warranty of any kind. Purchaser shall have the option, at its own expense, to obtain a currdnt survey of the' Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage. If the survey shows: (a) an encroachment onto the Property, or (b) an improvement located on the Property that projects onto the lands of others, the Purchaser shall, before expiration of the inspection period, notify the Seller in writing of the encroachment or projection and Seller will have thirty (30) days to cure said objections. If Seller is unable to cure, Seller shall notify Purchaser in writing and Purchaser may waive its objection or Seller or Purchaser may terminate this Agreement. V. APPRAISAL PERIOD 5.01 Deleted. VI. INSPECTION PERIOD 6.01 Purchaser shall have forty-five (45) days from the date of execution of this Agreement by Seller, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall restore any damage to the Property as a result of the testing. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 6.04 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Upon payment of the full Purchase Price at Closing, Purchaser shall be entitled to full possession of the Property. VIII. PRORATIONS 8.01 Deleted. .._ 10 B 10/20/2005 15:58 FAX 2396493410 Z005/009 IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination or has failed to perform any of the covenants or terms contained in this Agreement following ten (10) days written notice and opportunity to cure, the Seller, as its sole remedy, shall have the right to cancel this Agreement for such default, in which case Purchaser shall pay to Seller the sum of One Thousand and no /100 Dollars ($1,000.00), as liquidated damages. The parties agree that Seller's actual damages are uncertain in amount and difficult to ascertain, and that the amount of liquidated damages was reasonably determined by mutual agreement and was not intended as a penally. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. v lOB 10/20/2005 15:59 FAX 2396493410 11006/009 10.017 Seller represents that there are no incinerators, septic tanks or 10 cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. To Seller's knowledge only, Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. To Seller's knowledge only, Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing priof to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Deleted. 10/20/2005 15:59 FAX 2396493410 [007 /009 10.024 Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, or by facsimile with confirmation of transmission, addressed as follows: If to Purchaser: Real Estate Services c/o Sharman Veger Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Fax: (239) 774 -8876 Phone: (239) 774 -8991 With a copy to: Ellen Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Dave and Robin Ackerson 307 Rogers Rd Ohio, IL 6 349 -9655 Fax: �5�9 (114 " j a9? Phone: (4jr5) 9rj4- iaq? 11.02 The addressees, addresses and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such information, 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 Seiler. 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 dosing pursuant to the terms of a separate agreement, if any. Purchaser represents and warrants that it has not retained any broker or real estate agent in connection with this purchase. XIIL MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. �._10B 10/20/2005 15:59 FAX 2396493410 aOO8 /009 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Such approval shall be secured so as to allow Closing on or before December 31, 2005, otherwise Seller may cancel Agreement. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes. 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: I Z - 11) - o S AS TO PURCHASER: DATED: 12'L -13 - 0 5 ATTES DWIG JIM. � Qlerk yy r� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Lo-- BY: W clerk Fred W. Coyle, Chairman ms's x_108 10/20/2005 16:00 FAX 2396493410 AS TO SELLER: DATED:��' WITNESSES: /� �J w—c_ /� -ter (Signature) /- Ayjv.F Nab /e-. (Printed Name) tnature) -� ' (Printed Name) ignature) 4 .4yNF Nda/g (Printed Name) (Signature) ( not ame) Approved as to form and legal sufficiency: C.G —Ellen Chadwell Assistant County Attorney 11009/009 Dave Ackerson 307 Rogers Rd Ohio, IL 61349 Robin L. Ackerson 307 Rogers Rd Ohio, IL 61349 10C MEMORANDUM 7, DATE WCEIVM DEC 21 2005 TO: Sheree Mediavilla \ Management Department RISK GEMEN Risk Mana 9 -, 1 FROM: Rhonda Rembert, Contract Specialist. Purchasing Department DATE: December 20, 2005 RE: Review of Insurance for Contract No. 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Ridge Road) ", Project 68056 CH21VII Hill, Inc., Contractor This Contract was approved by the BCC on December 13, 2005; Agenda Item 10 (C). Please review the Insurance Certificates in this Agreement for the above - referenced contract. 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 8941. /kw cc: Gary Putaansuu ITEM NO.: DATE I V ED: FILE NO.: 0,5— P/ c, 03S3 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES 'Date: December 20, 2005 To: Office of the County Attorney Attention: Robert Zachary From: Rhonda Rembert, Contract Specialist Purchasing Department, Extension 8941 Contracts Administration Division Re: Contract No. 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Ridge Road) ", Project 68056 BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 13, 2005; Agenda Item (10)(C). This item has been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: ti Robert, This is a standard contract with changes. Specifically, Article One, 1.5. The second sentence has been removed at the consultant's request. Please see your response to previous RLS (05 -PRC- 00379) dated 12/13/05, ruling that contract is still legally sufficient without language in question. 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: Gary Putaansuu, Project Manager MEMORANDUM Date: December 28, 2005 To: Rhonda Rembert, Contract Specialist Puchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Review of Insurance for Contract No. 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Rodge Road ", Project 68056 Contractor: CH2M Hill, Inc. Enclosed, please find three (3) original Insurance Certificates as referenced above (Agenda Item #10C), which was approved by the Board of County Commisssioners on Tuesday, December 13, 2005. The Minutes and Records Department has kept an original document, and the Finance Department will also be furnished an original document. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures (3) 10 C Contract 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Ridge Road) ", Project #68056 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13 day of 200_,1!�,—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 CH2M Hill, Inc., authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Boulevard, Suite 505, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design and Permitting, services of the CONSULTANT concerning Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road (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 1 l OC ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design and Permitting 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 Bill Gramer, P.E., 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 Coordinator shall devote whatever The CONSULTANT agrees that the Project TPA#1953637.9 PSA 2 ® C r> by-the performed b ' time is required to satisfactorily manage the services to be provided and p Y 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 TPAiI 193637.9 PSA 3 10C s� performance of the CONSULTANT'S obligations hereunder, or in the course of judicial 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. 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 TPA! 1953637.9 PSA 4 10C 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 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 TPA# 1953637.9 PSA 5 1Q V evaluations, rate schedules and appraisals; and evaluating processes available for licens pp , 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's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided 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: TPA# 1953637.9 PSA 0 10C (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: (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's 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. TPA# 1953637.9 PSA 7 ARTICLE FOUR TIME OC '4 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. 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 TPA# 1953637.9 PSA 8 10C experienced b CONSULTANT, if any, as a result reflect the incremental increase m costs Y 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 reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or 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. TPA# 1953637.9 PSA 9 0 C 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 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 TPA# 1953637.9 PsA 10 roc s indemnification obligation shall not be construed to negate, abridge or reduce any other righ t or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 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 insurance company will accept service of process in Collier County, Florida and that the exclusive venue TPA# 1953637.9 PSA 11 10 .At 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 received by OWNER, except such rights as they may have to the proceeds of 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. TPA#1953637.9 PSA 12 0 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 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 TPA# 1953637.9 PSA 13 10C payment Y a ment b OWNER shall be deemed to be a waiver of any of OWNER'S rights against'" CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such 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 TPA# 193637.9 PsA 14 lOC � 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. 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 TPA#1953637.9 PSA 15 OC � terminate this Agreement. If OWNER does not cure its default within fourteen (14) days �afteT'� 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 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 TPA# 1953637.9 PSA 16 4 MY . 10C represents that no persons having any such' required hereunder. CONSULTANT further p interest shall be employed to perform those services. 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 Director of Purchasing 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: CH2M Hill, Inc. 5801 Pelican Bay Boulevard, Suite 505 Naples, Florida 34108 Telephone: 239 -596 -1715 Fax: 239 - 596 -2579 Attn: Bill Gramer, P.E. 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 10C 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 un a W, each of'�Which 17.8 This Agreement may be simultaneously executed in several co , 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 10C - - 14 executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate' 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 authority and by OWNER'S staff person who would make the presentation o a nq Femo 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. Stat. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Permitting Services for Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road the day and year first written above. ATTEST: Dwig*ht-E;, 8rock&lerk to a Irma" �► DAfe: C 1 w Approved as to form and legal s - "/(�— 4 Z--� Assistant Cou y ttorney Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, W. By: Fred W. Coyle, Chairman CH21VI Hill, Inc. w --- 41 .. off W. f4oacd, r-. Typed Name anti -NI6 V c� �re5 �d e,�► 4- Item # ILL Agenda I �).t� Date Date Rec'd I TPA# 1953637.9 PSA 21 10C° SCHEDULE A SCOPE OF SERVICES 05 -3865 "Design and Permitting of Collier Boulevard (Golden Gate Boulevard to Pine Ridge Road) ", Project #68056 CONTENTS 1 PURPOSE 2 PROJECT DESCRIPTION 2.1 Roadway 2.2 Drainage 2.3 Utility Coordination 2.4 Permits 2.5 Structures 2.6 Signing and Pavement Markings 2.7 Signals 2.8 Lighting 2.9 Landscape Architecture 2.10 Survey - See Sub - Consultant (RWA) Scope of Work 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping - See Sub - Consultant (Wilson Miller) Scope of Work 2.13 Geotechnical - See Sub - Consultant (Forge) Scope of Work 2.14 Archaeological Surveys - See Sub - Consultant (Archaeological and Historical Conservancy, Inc.) Scope of Services 2.15 Noise Analysis - See Sub - Consultant (Environmental Science Associates) Scope of Services 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements 2.18 Specifications Package 2.19 Project Schedule 2.20 Submittals 2.21 Provisions for Work 2.22 Services to be Performed by the COUNTY 3 PROJECT GENERAL TASKS 3.1 Public Involvement 3.2 Joint Project Agreements 3.3 Specifications Package Preparation 3.4 Contract Maintenance I loci 3.5 Coordination Meetings 3.6 Prime Project Manager Meetings 4 ROADWAY ANALYSIS 4.1 Typical Section Package 4.2 Pavement Design Package 4.3 Access Management 4.4 Horizontal/Vertical Master Design Files9 4.5 Cross Section Design Files 4.6 Traffic Control Analysis 4.7 Master TCP Design Files 4.8 Design Variations and Exceptions. 4.9 Design Report 4.10 Computation Book and Quantities 4.11 Cost Estimate 4.12 Technical Special Provisions 4.13 Field Reviews 4.14 Technical Meetings 4.15 Quality Assurance /Quality Control 4.16 Independent Peer Review (Not applicable to this project) 4.17 Supervision 4.18 Coordination 5 ROADWAY PLANS 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet (Not applicable to this project) 5.9 Bridge Hydraulics Recommendation Sheets (Not applicable to this project) 5.10 Summary of Drainage Structures 5.11 Optional Pipe /Culvert Material (Not applicable to this project) 5.12 Project Layout 5.13 Plan/Profile Sheet 5.14 Profile Sheet (Not applicable to this project) II 10C 5.15 Plan Sheet (Not applicable to this project) 5.16 Special Profile 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheet 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan/Profile 5.25 Lateral Ditch Cross Sections 5.26 Retention/Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross - Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.31 Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets (Not applicable to this project) 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP 5.38 Project Control Network Sheet 5.39 Interim Standards (Not applicable to this project) 5.40 Utility Verification Sheet (SUE Data) (Not applicable to this project) 5.41 Quality Assurance /Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS 6.1 Determine Base Clearance Water Elevation 6.2 Pond Siting Analysis and Report 6.3 Design of Cross Drains 6.4 Design of Roadway Ditches 6.5 Design of Outfalls 6.6 Design of Stormwater Management Facility (Offsite Pond) 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) III 1 OC 6.9 Design of Storm Drains 6.10 Optional Culvert Material 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report 6.14 Bridge Hydraulic Report (Box Culverts) 6.15 Cost Estimate 6.16 Technical Special Provisions 6.17 Field Reviews 6.18 Technical Meetings 6.19 Quality Assurance /Quality Control 6.20 Independent Peer Review (Not applicable to this project) 6.21 Supervision 6.22 Coordination 7 UTILITIES 7.1 Kickoff Meeting 7.2 Identify Existing UAO(s) 7.3 Make Utility Contacts 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting 7.6 Individual/Field Meetings 7.7 Collect and Review Plans and Data from UAO(s) 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements 7.11 Utility Coordination/Follow up 7.12 Utility Constructability Review 7.13 Additional Utility Services 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) 7.16 Certification/Close -Out 8 ENVIRONMENTAL PERMITS 8.1 Preliminary Project Research 8.2 Complete Permit Involvement Form 8.3 Establish Wetland Jurisdictional Lines 8.4 Agency Verification of Wetland Data IV 8.5 Complete and Submit All Required Permit Applications 8.6 Prepare Dredge and Fill Sketches (Not applicable for this project) 8.7 Prepare USCG Permit Sketches (Not applicable for this project) 8.8 Prepare Easement Sketches (Not applicable for this project) 8.9 Prepare Right -Of -Way Occupancy Sketches (Not applicable for this project) 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Prepare Tree Permit Information (Not applicable for this project) 8.12 Mitigation Coordination and Meetings 8.13 Mitigation Design (Mitigation Banking Assumed) 8.14 Environmental Clearances 8.15 Technical Meetings 8.16 Quality Assurance /Quality Control 8.17 Supervision 8.18 Coordination 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (Not applicable for this project) 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance /Quality Control 9.13 Independent Peer Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination 10C Cpl W l 0 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT and tasks 10.1 —10.30 are not applicable for this project. 11 STRUCTURES - TEMPORARY BRIDGE and tasks 11.1 — 11.8 are not applicable for this project. 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE and tasks 12.1— 12.28 are not applicable for this project. 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE and tasks 13.1 -13.53 are not applicable for this project. 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 — 14.61 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and tasks 15.1 — 15.78 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 - 16.102 are not applicable for this project. 17 STRUCTURES - RETAINING WALL 18 STRUCTURES - MISCELLANEOUS Concrete Box Culverts Strain Poles and tasks 18.3 —.18.4 are not applicable for this project. Mast Arms 18.5 Mast Arms (2 special mast anus are assumed for determining fee estimate) Overhead/Cantilever Sign Structure and tasks 18.6 —18 10 are not applicable for this project. High Mast LiWht Foundations and task 18.11 is not applicable for this project. Sound Barrier Walls (Ground Mount) and tasks 18.12 — 18.18 are not applicable for this project. Special Structures and task 18 19 is not applicable for this rp oject. 19 SIGNING AND PAVEMENT MARKING ANALYSIS 19.1 Traffic Data Analysis 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File 19.4 Multi -Post Sign Support Calculations 19.5 Sign Panel Design Analysis 19.6 Sign Lighting/Electrical Calculations 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19.11 Field Reviews VI 19.12 Technical Meetings 19.13 Quality Assurance /Quality Control 19.14 Independent Peer Review (Not applicable to this project) 19.15 Supervision 19.16 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS 20.1 Key Sheet 20.2 Summary of Pay Items 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.5 Project Layout (Not applicable for this project) 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance /Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS 21.1 Traffic Data Collection 21.2 Traffic Data Analysis 21.3 Signal Warrant Study (Not applicable to this project) 21.4 Systems Timings (Not applicable to this project) 21.5 Reference and Master Signalization Design File 21.6 Reference and Master Interconnect Communication Design File 21.7 Overhead Street Name Sign Design 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report (Not applicable for this project) 21.10 Quantities 21.11 Cost Estimate 21.12 Technical Special Provisions 21.13 Field Reviews 21.14 Technical Meetings 10C ., VII 21.15 Quality Assurance /Quality Control 21.16 Independent Peer Review (Not applicable to this project) 21.17 Supervision 21.18 Coordination 22 SIGNALIZATION PLANS 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site (Not applicable for this project) 22.8 Guide Sign Worksheet 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm/Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Sheet (Not applicable for this project) 22.16 Interim Standards (Not applicable for this project) 22.17 Quality Assurance /Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS 23.1 Lighting Justification Report (Not applicable for this project) 23.2 Lighting Design Analysis Report 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files 23.7 Temporary Lighting (Not applicable for this project) 23.8 Design Documentation 23.9 Quantities 23.10 Cost Estimate 23.11 Technical Special Provisions 23.12 Field Reviews 10C ., VIII 23.13 Technical Meetings 23.14 Quality Assurance /Quality Control 23.15 Independent Peer Review (Not applicable for this project) 23.16 Supervision 23.17 Coordination 24 LIGHTING PLANS 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Quality Assurance /Quality Control 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS and tasks 25.1 — 25.3, 25.6, 25.9, and 25.11 — 25.12 are not applicable for this project. 25.4 Irrigation Design 25.5 Hardscape Design 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.10 Technical Meeting 25.13 Supervision 25.14 Coordination 10 i 26 27 28 29 30 31 32 LANDSCAPE ARCHITECTURE PLANS and tasks 26.1 — 26.15 are not applicable for this project. SURVEY and tasks 27.1 — 27.35 are not applicable for this project as listed Please see sub - consultant (RWA) scope of work PHOTOGRAMMETRY and tasks 28.1— 28.35 are not applicable for this project. County will provide aerial mapping MAPPING and tasks 29.1 — 29.25 are not applicable for this project as listed. Please see sub - consultant (Wilson Miller) scope of work GEOTECIINICAL and tasks 30.1— 30.52 are not applicable for this project as listed. Please see sub - consultant (Forge) scope of work ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.155 are not applicable for this project. PROJECT REQUIREMENTS 32.1 Liaison Office 32.2 Key Personnel 32.3 Progress Reporting 32.4 Correspondence 32.5 Professional Endorsement 32.6 Computer Automation 32.7 Coordination With Other Consultants 32.8 Optional Services 33 INVOICING LIMITS 10C • ";� 0 10C SCOPE OF SERVICES FOR ENGINEERING AND PERMITTING SERVICES y This Exhibit forms an integral part of the agreement between the Collier County Government (hereinafter referred to as the COUNTY) and CH2M HILL (hereinafter referred to as the CONSULTANT) relative to the roadway improvement project described as follows: Collier Boulevard (CR 951) from immediately south of Pine Ridge Road to immediately north of Golden Gate Boulevard, a distance of approximately 2.0 miles. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for - Roadway improvements as described herein. - Bridge /structural improvements for the structures identified herein. The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include, but may not be limited to: roadways, structures, intersections, geotechnical activities, surveys, drainage, signing and pavement markings, signalization, lighting, utility design and relocation, right -of -way maps and legal descriptions, maintenance of traffic, cost estimates, archaeological surveys, noise analysis, environmental permits, environmental mitigation plans, quantity computation books, (4) public meetings, six (6) additional meetings with civic groups and others, (2) safety audits and all necessary incidental items as listed and estimated in this scope of work and attached fee sheet for a complete project. The Scope of Services establishes which items of work described in the Florida Department of Transportation (FDOT) Plans Preparation Manual, Collier County Land Development Code and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. 2 PROJECT DESCRIPTION 1O c The CONSULTANT shall investigate the status of the project and become familiar with concepts and commitments (typical sections, alignments, etc.) developed from previous 4 -lane design and of the planned adjacent projects. The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway Plan Type: Plan /Profile Typical Section: Design will provide for a six -lane urban roadway within existing right of way wherever possible, maintaining the existing sidewalk (west side only) and providing bike lanes adjacent to the outside lane on both sides of the facility. Limits: Collier Boulevard (CR 951) from immediately south of Pine Ridge Road to immediately north of Golden Gate Boulevard, a distance of approximately 2.0 miles. Within this segment, Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road will be designed to 100% Plans and Collier Boulevard from Pine Ridge Road to Green Boulevard will be designed to 30% Plans (design for this segment will be placed on hold pending funding); Golden Gate Boulevard east of Collier Boulevard (CR 951) for a distance of 1.0 mile (1 lane addition - westbound); Pine Ridge Road west of Collier Boulevard (CR 951) for a distance of 0.5 mile. (right turn lane addition and median modifications). Collier Boulevard (CR 951) from Pine Ridge Road to the Main Golden Gate Canal, a distance of approximately 2.0 miles, will also be designed to 30% Plans. Drainage evaluation and permitting coordination with SFWMD for this section of Collier Boulevard is included in this Scope of Work. Intersections: Minor improvements to the Intersections of Collier Boulevard and Pine Ridge Road, Pine Ridge Road/White Boulevard and Golden Gate Boulevard are included within this scope of services. Intersection delay studies, capacity analyses and modeling are not included in this scope of services. Traffic Control Plans: Typical Sections, Detail Sheets and Conceptual Phasing Plan Sheets are included in this scope of services. Post Design Services: Participate in Pre -bid Meetings; Respond to bidder inquiries; Provide necessary plan revisions; Participate in Construction Meetings; Participate in Field Reviews; in 10C `+1,4 Respond to Requests for Information (RFI); Evaluate proposed revisions; Review Shop Drawings; Coordinate with adjacent Development; Revise Plan Drawings; SFWMD Certification. These services will be provided per the level of effort shown in the fee schedule. A Supplemental Agreement may be added to this Scope of Services as Additional Services at the discretion of the COUNTY if required level of effort requested by the County exceeds available funds. The following optional tasks may be added to this Scope of Services as Additional Services at the discretion of the County: 1. Final Design or improvements to portions of Collier Boulevard (CR 951) from Pine Ridge Road to Green Boulevard, a distance of approximately 1.0 mile 2. Final Design or improvements to portions of Collier Boulevard (CR 951) from Pine Ridge Road to the Main Golden Gate Canal, a distance of approximately 2.0 miles 3. Improvements to portions of Pine Ridge Road from Logan Boulevard to Collier Boulevard (CR 951), a distance of approximately 2.0 miles 4. Improvements to portions of Golden Gate Boulevard east of Collier Boulevard for a distance of approximately 2.0 miles 5. Design of a new bridge crossing of the CR 951 Canal to replace an existing bridge 6. Signal improvements and associated intersection /roadway modifications along Collier Boulevard 2.2 Drainage The stormwater system will be designed to meet the permitting requirements of all permitting agencies. Stormwater system design will consider best management practices, open system, closed system, lateral ditches, ponds, exfiltration, etc. or a combination thereof, within or outside the existing right of way. The design of off -site wet detention ponds to treat runoff is included as part of this Scope of Services. 2.3 Utility Coordination The CONSULTANT will: Identify and accurately depict all public and private utilities within the project limits based on As- Built information provided by the COUNTY and local utility agencies. Survey tasks will locate iii above ground utilities and facilities such as manholes, valve boxes, etc., Physical oc es (Pot holing) of existing utilities is not included in this scope of work and will be considered Additional Services. Coordinate with all utility owners on this Project. Identify needs to relocate, modify and/or leave in place. Design or modifications /relocations of Collier County utilities, such as water, sanitary sewer, storm sewer, reclaimed water, etc. is not anticipated or included in this scope of services and will be considered Additional Services Other local agency utility relocation /modification is not included in this Scope of Services and will be considered Additional Services. A proposed Reclaimed Water Line or Raw Water Line is being considered by the COUNTY. CH2M HILL will coordinate the need for additional COUNTY facilities during the design process. Design of new County facilities is not included in this Scope of Services and will be considered Additional Services. 2.4 Permits The CONSULTANT will: Identify all needed permits. Obtain COUNTY approval on decisions regarding, or modifications to, permits. Obtain COUNTY review prior to submittal of applications and designs to the permitting agency. The CONSULTANT will be responsible for ensuring that all required environmental assessments and surveys are performed. Phase II Surveys (Environmental) and Specific Species (T &E) Surveys, if required, will be considered Additional Services Obtain all necessary permits including, but not limited to: Environmental Resource Permit (ERP) from the South Florida Water Management District and the Army Corps of Engineers; and National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection and the Environmental Protection Agency. A COUNTY representative will be present at all meetings with regulatory agencies. In addition to the ERP Permit, three (3) separate Permit Modifications will be required for the following improvements: Pond 1 (Project 65061), Golden Gate Boulevard and Pine Ridge Road. iv l Oc fwd 2.5 Structures The design of bridges is not anticipated as part of this Scope of Services. Any bridge designs required for this project will be considered Additional Services. The design of retaining walls (2 — less than 500 ft) is anticipated as part of this Scope of Services. Any retaining walls longer than 500 ft required for this project will be considered Additional Services. The design of new box culvert(s) is not anticipated as part of this Scope of Services. Any new box culvert designs required for this project will be considered Additional Services. The design of modifications (lengthening) to the existing box culvert under White Boulevard is anticipated as part of this Scope of Services. 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. Signing and pavement markings shall be determined during the design process starting after the 30% Plans Submittal. 2.7 Signals This Scope of Services includes the design for three (3) signalized intersections (Pine Ridge Road, Pine Ridge Road, and Golden Gate Boulevard). All signals will be designed as mast arm systems. No Signal Warrants have been included in this Scope of Services to evaluate the need for additional signalization. Signal Warrants and Signal Designs (in addition to those mentioned above) will be considered Additional Services. 2.8 Lighting The CONSULTANT will design lighting for this project in a manner that is consistent with Collier County design standards. 2.9 Landscape Architecture Plantinq Plans: The CONSULTANT shall specify the use of special median soils in areas of future plantings, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. 0 10V c ' Irrigation Plans: The CONSULTANT shall design installation of irrig ation sleeves in the media for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Hardscape Plans: The CONSULTANT will specify brick pavers in lieu of concrete median separators, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. 2.10 Survey— See Sub - Consultant (RWA) Scope of Work 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping— See Sub - Consultant (Wilson Miller) Scope of Work 2.13 Geotechnical— See Sub - Consultant (Forge) Scope of Work The CONSULTANT will provide borings and laboratory testing of soils in accordance with FDOT guidelines for roadway, structures, water management facilities, lighting, etc. Geotechnical services shall be provided by the CONSULTANT with the intent to provide the necessary geotechnical services required to design and permit three (3) wet detention pond(s) outside of the existing right of way. 2.14 Archaeological Surveys - See Sub - Consultant (Archaeological and Historical Conservancy, Inc.) Scope of Work 2.15 Noise Analysis - See Sub - Consultant (Environmental Science Associates) Scope of Work 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements (Not applicable to this project) 2.18 Specifications Package The CONSULTANT shall prepare, sign and seal the project specifications package. 2.19 Project Schedule The CONSULTANT shall provide a detailed project activity /event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. The schedule shall indicate, at a minimum, submission dates for 30% Plans, 60% Plans, SFWMD Permit, 90% Plans and 100% Plans. The schedule shall allow two weeks for the COUNTY's review of the 30 %, 60 %, 90% and 100% plans. Vi Of, Periodically, throughout the duration of the project, the schedule shall be reviewe and, V e approval of the COUNTY, adjusted as necessary to incorporate changes in the work concept and progress to date. 2.20 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of 11" x 17" design plans for distribution, as follows: Phase 1: 30% 8 sets Phase 2: 60% 10 sets Phase 3: 90% 10 sets Phase 4: 100% 10 sets The CONSULTANT shall furnish a camera -ready set of plans and specifications to the COUNTY at 100% completion. The size of the final plans shall bell" x 17 ". All electronic (digital) files of final plans and specifications will be submitted to the County on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional Microstation (.dgn) software format, and also plotted or scanned to an Adobe Acrobat (.pdf) format. 2.21 Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FDOT manuals, memorandums, guidelines. 2.22 Services to be performed by the COUNTY When appropriate the COUNTY will provide those services and materials as set forth below: Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate signatures on application forms. Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY. Vii 10C The COUNTY will provide design traffic for the corridor to be used by the CONSULTANT for alternatives analysis, signalization and queue length determinations. Provide reviews of roadway plans during the various stages of plan development within schedule. All future information that may come to the COUNTY during the term of the CONSULTANT's Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work. This includes all submitted new PUD's and DRI's. Project data currently on file. County standards - LDC, specifications and review services. All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right -of -way. Existing right -of -way maps. Property values for parcels designated by the CONSULTANT for potential acquisition. Completed front -end construction document sections required for bidding and construction. 3 PROJECT GENERAL TASKS Project General Tasks are applicable to the project as a whole and are described in Sections 3.1 through 3.6 of this Scope of Services. Project Common Tasks These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 33. Project Research: The CONSULTANT shall perform research of existing PUD and DRI documents for developments adjacent to the project for commitments regarding Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. Additionally, PUD's or DRI's approved by the COUNTY prior to the 90% plans submittal stage of this contract shall be incorporated into the project plans by the CONSULTANT. vin 10C r Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate at project milestones — 30 %, 60 %, 90% and 100 %. A Summary of Pay Items sheet shall be prepared with the 60 %, 90 %, and 100% plans. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction (2004) and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project identified in this scope of work. Technical Meetings: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, progress review meetings (phase review), and miscellaneous meetings. Quality Assurance /Quality Control: It is the intention of the COUNTY that design CONSULTANT is held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANT's plans follow the plan preparation procedures outlined in the FDOT ix 10C Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall through all stages of design and project construction, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Requests for Information (RFI's) from the COUNTY or the project's construction contractor regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction of the COUNTY. Post Design Services are not included in this agreement and will be added to the Contract as Additional Services after the 60% Design Plans have been submitted. Independent Peer Review: Independent Peer Reviews are not required. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be kept informed about the project. Four Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick -off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in six (6) additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. 3.2 Joint Project Agreements x 0 C This scope of work does not include preparation of Joint Project Agreements. The scope includes minor coordination only. 3.3 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. The specification package shall be based on the 2004 edition of FDOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY specification requirements. The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY. The COUNTY will provide the completed front -end contract document sections. The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 100% plan review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of the following items: Electronic version (Microsoft Word 2000 or later) of the specifications package The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. 3.4 Contract Maintenance xi 10 r Includes project management effort for complete setup and maintenance of files, develops% monthly progress reports, schedule updates, work effort to develop and execute sub - consultant agreements, etc. 3.5 Coordination Meetings Prior to printing of the review plans at each of the 30 %, 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting. The Designer will provide County Staff with review "draft" copies of the plans drawings (if requested by the County) two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The Designer will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase I plans submittal date. 4.2 Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package prior to the Phase 11 plans submittal date. 4.3 Access Management The CONSULTANT shall incorporate access management standards for each project in coordination with COUNTY staff. The CONSULTANT shall review adopted access management xu OC standards and the existing access conditions (interchange spacing, signalized intersection spacing, median opening spacing, and connection spacing). Median openings that will be closed, relocated, or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. The COUNTY shall provide access management classification information and information derived from PD &E studies and public hearings to be used by the CONSULTANT immediately following Notice to Proceed. Access Management will adhere to Collier County Access Class 2 wherever possible but will adhere to Access Class 3 as a minimum requirement. Two separate Safety Audits will be performed as part of this project, one prior to 30% Submittal and one immediately following the 60% Submittal. 4.4 HorizontalNertical Master Design Files The CONSULTANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the FDOT CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Concept Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detours. The Concept Plan may not reflect the Milestone Phasing of the Project. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. This will be the responsibility of the Contractor and will be noted in the Specifications. xiii 10C. r. + ., The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the COUNTY. Prior to proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the Preliminary and Final Traffic Control Plan efforts. The plans will be conceptual in nature and shall be used as a basis for bidding purposes. The Contractor will be responsible for providing a detailed maintenance of traffic scheme in accordance with FDOT Criteria. 4.7 Master TCP Design Files The Consultant shall prepare Conceptual Traffic Control Plans to be utilized by the Contractor as a reference for Bidding Purposes. The Contractor will be responsible for providing a full Traffic Control Plan per FDOT Standards, Signed and Sealed by a Florida Professional Engineer 4.8 Design Variations and Exceptions. The CONSULTANT will be required to prepare a Design Variance Report if required 4.9 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8'/2'x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8'/2'x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book and various summary of quantities sheets. This includes all efforts required to develop the Computation Book and the supporting documentation, including estimated construction days when required. x1v 10C °'. 4.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 4.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine (9) sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 4.13 Field Reviews Includes all trips required to obtain necessary data for all elements of the roadway analysis identified in this scope of work. 4.14 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the roadway analysis identified in this scope of work. 4.15 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract Xv 4.16 Independent Peer Review -(Not applicable to this project) Oc 4.17 Supervision Includes all efforts required to supervise all technical design activities. 4.18 Coordination Includes efforts to coordinate all elements of the roadway analysis to produce a final set of construction documents. xvi 0C 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes /Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet 5.9 Bridge Hydraulics Recommendation Sheets (Not applicable to this project) 5.10 Summary of Drainage Structures 5.11 Optional Pipe /Culvert Material (Not applicable to this project) 5.12 Project Layout 5.13 Plan /Profile Sheet 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheet (Not applicable to this project) 5.16 Special Profile 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheet 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan /Profile xvu 5.25 Lateral Ditch Cross Sections 5.26 Retention /Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross - Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.31 Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets (Not applicable to this project) 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP 5.38 Project Control Network Sheet 5.39 Interim Standards (Not applicable to this project) 5.40 Utility Verification Sheet (SUE Data) (Not applicable to this project) 5.41 Quality Assurance /Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS 10C EMS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies (SFWMD) and the FDOT's Drainage Manual. The CONSULTANT shall coordinate fully with the appropriate permitting agencies and COUNTY staff. All activities and submittals should be coordinated through the COUNTY's Project Manager. The work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation xviii Oc � °, Analyze, determine, and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodpiains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above - mentioned surface waters. 6.2 Pond Siting Analysis and Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The Drainage Manual provides specific documentation requirements. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls. (Pond outlet structure included in task 6.6) 6.6 Design of Stormwater Management Facility (Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains xix IOc Develop a "working drainage map ", determine runoff, inlet locations, and spead. Calculate .A hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material (Not applicable to this project) 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis Report. 6.14 Bridge Hydraulic Report (Not applicable to this project) 6.15 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal 6.16 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 6.17 Field Reviews xx 1 Q Ca. Includes all trips required to obtain necessary data for all elements of the drainage analysis identified in this scope of work. 6.18 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the drainage analysis. 6.19 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 6.20 Independent Peer Review (Not applicable to this project) 6.21 Supervision Includes all efforts required to supervise all technical design activities. 6.22 Coordination Includes efforts to coordinate all elements of the drainage analysis of the project to produce a final set of construction documents. 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. 7.1 Kickoff Meeting Prior to any contact with the UAO(s), the CONSULTANT shall meet with the Collier County Utility Department to receive guidance, as may be required, to assure that all necessary coordination will be accomplished in accordance with COUNTY procedures. CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Design Location Survey, and Existing Plans. 7.3 Make Utility Contacts xxi 0 C First Contact: Send letters and two sets of plans to each utility. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of four (4) weeks prior to the meeting, the CONSULTANT shall transmit two (2) complete sets of Phase II plans to each UAO having facilities located within the project limits, and one (1) set to the COUNTY Offices. 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow -up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) Make Determinations ( Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting xxii 10C,. At a minimum of 3 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices as required by the COUNTY. The CONSULTANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow -up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review and comment if required by the COUNTY. 7.11 Utility Coordination /Follow up This includes follow -up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face -to -face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. Coordinate with construction office xxiii 7.13 Additional Utility Services 10 Develop existing Utility Adjustment Plans 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.16 Certification /Close -Out This includes hours for transmitting utility files to the County Utility Department and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on -site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies /Agencies and no utility work is required. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form xxry 10 C A aa The CONSULTANT shall document permit involvement in coordination with the C06NTY Permit Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. The CONSULTANT shall be responsible for, but not limited to, the following activities: Determine landward extent of state waters as defined in Chapter 62 -340 FAC as ratified in Section 373.4211 FS Determine the jurisdictional boundaries of wetlands and surface waters as defined by rules or regulations of any other permitting authority that is processing a COUNTY permit application. Prepare aerial maps showing the jurisdictional boundaries of wetlands and surface waters. Aerial maps shall be reproducible, of a scale no greater than 1" =200' and be recent photography. The maps shall show the jurisdictional limits of each agency. Xerox copies of aerials are not acceptable. Acquire written verification of jurisdictional lines from the appropriate environmental agencies. Prepare a written assessment of the current condition and relative value of the function being performed by wetlands and surface waters. Prepare data in tabular form which includes ID number for each wetland impacted, size of wetland to be impacted, type of impact and identify any wetland within the project limits that will not be impacted by the project. 8.4 Agency Verification of Wetland Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The CONSULTANT shall prepare permit packages as identified in the Project Description section. XXV 10C The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and /or regulations of the environmental agency responsible for issuing a specific permit and /or authorization to perform work. 8.6 Prepare Dredge and Fill Sketches (Not applicable for this project) 8.7 Prepare USCG Permit Sketches (Not applicable for this project) 8.8 Prepare Easement Sketches (Not applicable for this project) 8.9 Prepare Right -Of -Way Occupancy Sketches (Not applicable for this project) 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Prepare Tree Permit Information (Not applicable for this project) 8.12 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.13 Mitigation Design If wetland impacts cannot be avoided, the CONSULTANT shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Permit applications. This scope of work and fee assumes mitigation banking. Prior to the development of alternatives, the CONSULTANT shall meet with the Project Manager to determine the COUNTY's policies in proposing mitigation. The CONSULTANT shall proceed in the development of a mitigation plan based upon the general guidelines provided by the COUNTY. The CONSULTANT will be directed by the COUNTY to investigate the following methods of mitigation: Payment to DEP/WMD per acre of wetlands impacted as defined in CH 373.4137 FS Monetary participation in offsite regional mitigation plans xxvi lOC Monetary participation in a private mitigation bank 8.14 Environmental Clearances The CONSULTANT shall prepare clearances for the following: Archaeological and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts to all cultural and historic resources by the pond and /or mitigation sites and prepare a Cultural Resource Assessment Request Package. See Sub - Consultant (Archaeological and Historical Conservancy, Inc.) Scope of Work. Noise Analysis: The CONSULTANT shall analyze the noise impacts the proposed improvements will have on the properties adjacent to the project. See Sub - Consultant (Environmental Science Associates) Scope of Work. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the pond and /or mitigation sites and complete the Wetlands Evaluation Report. Services will be performed by CH2M HILL Wildlife and Habitat Impact Analysis: The CONSULTANT shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and /or mitigation sites. Services will be performed by CH2M HILL These Services do not include a Phase II Environmental Survey of Specific T &E Species. If required, a Specific Species Survey will be performed and will be considered Additional Services. Contamination Impact Analysis: The CONSULTANT shall perform the necessary analysis to complete the Contamination Screening Evaluation for the pond and/or mitigation sites and complete the Contamination Screening Evaluation Report. Services will be performed by CH2M HILL 8.15 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the environmental analysis. 8.16 Quality Assurance /Quality Control xxvii 10C The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 8.17 Supervision Includes all efforts required to supervise all technical design activities. 8.18 Coordination Includes efforts to coordinate all elements of the environmental analysis of the project to produce a final set of construction documents. 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS The CONSULTANT shall analyze and design all structures in accordance with applicable provisions as defined in Section 2.19, Provisions for Work. Individual tasks identified in Sections 9 through 18 are defined in the Staff Hour Estimation Handbook and within the provision defined in Section 2.19, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with the 30% and 90% submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8'/2'x11" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida- registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (Not applicable to this project) xxviii 10C.: 9.7 Computation Book and Quantities ' 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance /Quality Control 9.13 Independent Peer Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT and tasks 10.1 — 10.30 are not applicable for this project. 11 STRUCTURES - TEMPORARY BRIDGE and tasks 11.1 — 11.8 are not applicable for this project. 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE and tasks 12.1 — 12.28 are not applicable for this project. 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE and tasks 13.1 — 13. 53 are not applicable for this project. 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 — 14. 61 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and tasks 15.1 — 15.78 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 — 16.102 are not applicable for this project. 17 STRUCTURES - RETAINING WALL The CONSULTANT shall prepare plans for Retaining Wall(s) as specified in Section 2.5. General Requirements 17.1 Key Sheets 17.2 Horizontal Wall Geometry Permanent Proprietary Walls and tasks 17.3 — 17.6 are not applicable for this project. xxix 10C Cast -In -Place Retaininq Walls 17.11 Design 17.12 Vertical Wall Geometry 17.13 General Notes 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List 18 STRUCTURES - MISCELLANEOUS The CONSULTANT shall prepare plans for Miscellaneous Structure(s) as specified in Section 2.5. Concrete Box Culverts 18.1 Concrete Box Culverts (not applicable for this project) 18.2 Concrete Box Culverts Extensions Strain Poles and tasks 18.3 — 18.4 are not applicable for this project. Mast Arms 18.5 Mast Arms (2 special mast arms are assumed for determining fee estimate) Overhead /Cantilever Sign Structure and tasks 18.5 — 18.10 are not applicable for this project. High Mast Light Foundations and task 18.11 is not applicable for this project. Sound Barrier Walls (Ground Mount) and tasks 18.12 — 18.18 are not applicable for this project. If Noise Analysis indicates that a Sound Barrier Wall is required, the level of effort for design of the noise walls will be considered Additional Services. Special Structures and task 18.19 is not applicable for this project. 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis 10C The CONSULTANT shall review the approved preliminary engineering report, typical section package, traffic technical memorandum and proposed geometric design alignment to identify proposed sign placements and roadway markings. 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi -Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FDOT Multi -Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non - standard signs. 19.6 Sign Lighting /Electrical Calculations Includes the verification of photometrics on lighted signs, load center and voltage drop calculations. 19.7 Quantities Includes all work required to determine the quantities of each plan sheet. 19.8 Computation Book The CONSULTANT shall prepare the Computation Book. This includes all efforts required to develop the Computation Book and the supporting documentation. 19.9 Cost Estimates The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 19.10 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific xxxi lop requirements. The first nine sections of the standard specifications, recurring special ovisions'; and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 19.11 Field Reviews Includes all trips required to obtain necessary data for all elements of the signing and pavement marking analysis. 19.12 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signing and pavement marking analysis. 19.13 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 19.14 Independent Peer Review (Not applicable to this project) 19.15 Supervision Includes all efforts required to supervise all technical design activities. 19.16 Coordination Includes efforts to coordinate all elements of the Signing and Pavement Marking analysis of the project to produce a final set of construction documents. 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. xxxii 20.1 Key Sheet 20.2 Summary of Pay Items 20.3 Tabulation of Quantities 20.4 General Notes /Pay Item Notes 20.5 Project Layout (Not applicable for this project) 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance /Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS 10C The CONSULTANT shall analyze and document Signalization Analysis Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 21.1 Traffic Data Collection The COUNTY will provide traffic data required for the determination of the lane configurations and required turn lanes lengths if availabe. This scope of work includes effort for traffic data collection, including crash reports, 24 hr. machine counts, 8 hr. turning movement counts, 7 day machine counts, and speed & delay studies. 21.2 Traffic Data Analysis xxxiii 10 The CONSULTANT shall determine signal operation plan, intersection geometry, local signal timings, pre - emption phasing & timings, forecasting traffic, and intersection analysis run. 21.3 Signal Warrant Study (Not applicable for this project) 21.4 Systems Timings (Not applicable for this project) 21.5 Reference and Master Signalization Design File The CONSULTANT shall prepare the Signalization Design file to include all necessary design elements and all associated reference files. 21.6 Reference and Master Interconnect Communication Design File The CONSULTANT shall prepare the Interconnect Communication Design file to include all necessary design elements and all associated reference files. Signal Interconnect elements will be shown on the Lighting Plans, a separate set of SIC plans will not be prepared. 21.7 Overhead Street Name Sign Design The CONSULTANT shall design Signal Mounted Overhead Street Name signs. 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report (Not applicable for this project) 21.10 Quantities Includes all work required to determine the quantities of each plan sheet. 21.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 21.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. XXXIV 10C All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 21.13 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include, but is not limited to, the following: Existing Signal and Pedestrian Phasing Controller Make, Model, Capabilities and Condition /Age Condition of Signal Structure(s) Type of Detection as Compared With Current District Standards Interconnect Media Controller Timing Data 21.14 Technical Meetings Includes meetings with the COUNTY and /or Agency staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signalization analysis. 21.15 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 21.16 Independent Peer Review (Not applicable to this project) 21.17 Supervision Includes all efforts required to supervise all technical design activities. 21.18 Coordination Includes all efforts to coordinate with all elements of the signalization analysis of the project to produce a final set of construction documents. xxxv 22 SIGNALIZATION PLANS 0 C The CONSULTANT shall prepare a set of Signalization Plans for the intersection of Collier Blvd (CR 951) and Pine Ridge Road, Pine Ridge Road and Golden Gate Boulevard in accordance with the Plans Preparation Manual, which includes the following. 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes /Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans The conduit, pull boxes, notes etc... will be shown on the Lighting Plans. A separate set of Signal Interconnect Plans will not be provided. 22.7 Traffic Monitoring Site (Not applicable for this project) 22.8 Guide Sign Worksheet -Guide Signs will be provided at three (3) Intersections 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm /Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Sheet (Not applicable for this project) 22.16 Interim Standards (Not applicable for this project) 22.17 Quality Assurance /Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 23.1 Lighting Justification Report (Not applicable for this project) XXXVi 10C 23.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted under a separate cover prior to the Phase II plans submittal. The report shall provide analyses for each typical section of the mainline. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report, the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equation or equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.7 Temporary Lighting (Not applicable for this project) 23.8 Design Documentation I 0C I - - I The CONSULTANT shall submit a Roadway Lighting Design Documentation Book with each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: Lighting Calculations. Structural calculations for special conventional pole concrete foundations if required. Letter to the power company requesting service. Power company confirmation letter on the requested services (Phase III and Phase IV submittals). Voltage drop calculations (Phase III and Phase IV submittals). Load analysis calculations (Phase III and Phase IV submittals). 23.9 Quantities Includes all work required to determine the project quantities. 23.10 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal and maintained until final submittal. 23.11 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8 -1/2 "x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. xxxviii 10C 23.12 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: Existing Lighting Equipment Load Center, Capabilities and Condition /Age Condition of Lighting Structure(s) 23.13 Technical Meetings Includes meetings with the COUNTY (Traffic Operations) staff, between disciplines and sub - consultants, such as progress review meetings (phase review), and miscellaneous meetings necessary for project elements. 23.14 Quality Assurance /Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 23.15 Independent Peer Review (Not applicable for this project) 23.16 Supervision Includes all efforts required to supervise all technical design activities. 23.17 Coordination Includes efforts to coordinate all elements of the lighting analysis of the project to produce a final set of construction documents. 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes /Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details xxxix 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Quality Assurance /Quality Control i0c 40 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS and tasks 25.1 — 25.3, 25.6, 25.9, and 25.11 — 25.12 are not applicable for this project. 25.4 Irrigation Design - Irrigation sleeves will be designed to provide access to median planting areas 25.5 Hardscape Design — Brick pavers will be designed at traffic separators 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.10 Technical Meeting 25.13 Supervision 25.14 Coordination 26 LANDSCAPE ARCHITECTURE PLANS and tasks 26.1 — 26.15 are not applicable for this project. All landscape plan items will be included on the Roadway Plan /Profile sheets 27 SURVEY and tasks 27.1 — 27.35 are not applicable for this project as listed. Please see sub - consultant (RWA) scope of work The CONSULTANT will be responsible for the preparation of control survey maps. The CONSULTANT shall perform survey tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. 28 PHOTOGRAMMETRY and tasks 28.1 — 28.35 are not applicable for this project. County will provide aerial mapping 29 MAPPING and tasks 29.1 — 29.35 are not applicable for this project as listed. Please see sub - consultant (Wilson Miller) scope of work xl 10C The CONSULTANT will be responsible for the preparation of right of way maps, maintenance maps, sketches and legal descriptions as required for this project in accordance with all applicable COUNTY Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to COUNTY size and format requirements utilizing COUNTY approved software, and will be designed to provide a high degree of uniformity and maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. 30 GEOTECHNICAL and tasks 30.1 — 30.52 are not applicable for this project as listed. Please see sub - consultant (Forge) scope of work The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with COUNTY standards Prior to beginning each phase of investigation and after the Notice to Proceed is given, the CONSULTANT shall submit investigation plan for approval and meet with the COUNTY representative to review the project scope and COUNTY requirements. The investigation plan shall include, but not be limited to, the proposed boring locations and depths, and all existing geotechnical information from available sources to generally describe the surface and subsurface conditions of the project site. Additional meetings may be required to plan any additional field efforts, review plans, resolve plans /report comments, resolve responses to comments, and /or any other meetings necessary to facilitate the project. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. 31 ARCHITECTURE DEVELOPMENT and tasks 31.1 — 31.155 are not applicable for this project. 32 PROJECT REQUIREMENTS 32.1 Liaison Office xli 10C The COUNTY and the CONSULTANT will designate a Project Manager who shall be the representative of their respective organizations for the Project. The final direction on all matters of this project remains with the COUNTY Project Manager. 32.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 32.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 32.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 32.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by COUNTY standards. 32.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. 32.7 Coordination With Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 32.8 Optional Services k" 10C At the COUNTY's option, the CONSULTANT may be requested to provide additional design and construction inspection services. The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project(s). A supplemental agreement adding the additional services shall be executed in accordance with paragraph 2.00 of the Standard Consultant Agreement. 33 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the County. xliii 1OC SCHEDULE B BASIS OF COMPENSATION DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction 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, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Gary Putaansuu, PE, Project Manager, Collier County Government, Transportation Division, 2885 South Horseshoe Drive, Naples, 34104. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM PHASE NOT TO EXCEED AMOUNT: 1. Task I — 30% Submittal $ 806,816.00 2. Task II — 60% Submittal $ 571,220.00 3. Task III — 90% Submittal $ 361,654.00 4. Task IV — 100% Submittal $ 194,550.00 5. Task V — Post Design Services $ 94,505.00 Total Fee Items 1 — 4 2,028,745.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. V 10C B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. 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 provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. 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, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this 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 and Reimbursable Expenses 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 the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 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.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a .10 C .. *1 maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 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.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. 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 or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 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.3.5.2 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. C 10C SCHEDULE B ATTACHMENT A BASIS OF COMPENSATION 1. TASK 1— 30% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Data Collection and Coordination Permits Retaining Walls Miscellaneous Structures — Box Culverts Survey and Mapping Geotechnical Lump Sum: $806,816.00 2. TASK II — 60% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Retaining Walls Miscellaneous Structures — Box Culverts Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Noise Analysis Archaeological Lump Sum $571,220.00 3. TASK 111 — 90% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Retaining Walls Miscellaneous Structures — Box Culverts Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Noise Analysis Lump Sum: $361,654.00 4. TASK IV-100% SUBMITTAL Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Structural Analysis Summary Temporary Bridge Short Span Concrete Retaining Walls Miscellaneous Structures — Box Culverts Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Architecture Analysis -E- O Survey and Mapping Geotechnical Noise Analysis Lump Sum: $194,550.00 5. TASK V — POST DESIGN SERVICES 1. Bidding Services Participate in Pre -Bid Meetings Respond to bidder inquiries (if necessary) Provide Necessary plan revisions (if necessary) Time and material not to Exceed: $5,200.00 2. Construction Services Participate in Construction Meetings Participate in Field Reviews Respond to Requests for Information (RFI) Evaluate proposed revisions Review Shop Drawings Coordinate with adjacent Development Revise plan drawings SFWMD Certification Time and materials not to Exceed: $88,505.00 3. Expenses Copies Mailing, shipping and delivery Time and materials not to Exceed: $6,000.00 Total Cost Not to Exceed: $2,028,745.00 -F - 3 SCHEDULE B ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Senior Review Project Manager Lead Engineer /Permit Specialist Biologist Design Engineer Lead Design Technician Drafting Technician Clerical END OF SCHEDULE B. $160.00 $140.00 $115.00 $100.00 $95.00 $85.00 $65.00 $45.00 10C G 10C SCHEDULE C PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed. 1. TASK 1— 30% SUBMITTAL: 206 Days 2. TASK II - 60% SUBMITTAL: 112 Days 3. TASK III — 90% SUBMITTAL: 280 Days 4. TASK IV — 100% SUBMITTAL: 162 Days 5. TASK V — POST DESIGN SERVICES: 873 Days H 10C 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 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 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 TPA# 1953637.9 PSA D -1 (),C 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. (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 TPA#1953637.9 PSA D-2 0 of the Contractor to provide the OWNER with such renewal certificate(s) shall be eemed 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 - Florida Statutory Requirements b. Employers' Liability (check one) $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 TPA# 193637.9 PSA D -3 (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 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 —X —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 DA TPA# 1953637.9 PSA ;ec (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." 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 and the policy shall be endorsed that such coverage 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 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? _X_ Yes No TPA4 1953637.9 PSA D -5 10C (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: X_ 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 $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate X $5,000,000 each claim and in the aggregate TPA# 1953637.9 PSA D -6 10C (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. 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 TPA#1953637.9 PSA D-7 10C 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 TPA# 1953637.9 PSA D_g I . FSCERTIFII HUMBER UAROWIMMIMIUM EA - 04049 -01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE MARSH USA, INC. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 1225 17TH STREET, SUITE 2100 AFFORDED BY THE POLICIES DESCRIBED HEREIN. DENVER, CO 80202 -5534 COMPANIES AFFORDING COVERAGE COMPANY 5114 - 00124 -ALL- TPA 859023 A ZURICH AMERICAN INSURANCE COMPANY INSURED CH2M HILL, INC. 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 COMPANY B AMERICAN ZURICH INSURANCE CO. COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO Co LT R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DDAI POLICY EXPIRATION DATE (MM/DDIW) LIMITS GL03784726 -01 05/01/05 05/01/06 GENERAL AGGREGATE $ 5,000,000 A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR OWNER'S & CONTRACTOR'S PROT X PRODUCTS - COMP /OP AGG $ 5,000,000 PERSONAL &ADV INJURY $ 1,500,000 EACH OCCURRENCE $ 1,500,000 FIRE DAMAGE (Any one fire) $ 1,500,000 MED EXP (Any one person) $ LIABILITY ANY AUTO, " ALL OWNED AUTO& BAP8378516 -10 (AOS) 05/01 TAP8378560 -10 (TX) 05/01 /05 /05 05/01/06 05/01/06 COMBINED SINGLE LIMIT $ 2,000,000 A AUTOMOBILE X BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: s�kl ANY AUTO $ EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM TATU- 1 B A A WOFtKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! X INCL PARTNERS /EXECUTIVE OFFICERS ARE: EXCL WC8378566 -11 (AOS) WC8378565 -10 (WI & MA) WC3784761 -00 (HI & ID) 05/01/05 05/01/05 05/01105 05/01/06 05/01/06 05/01/06 X I TORY LIMITS ER . $ 1,000,000 EL EACH ACCIDENT EL DISEASE- POLICY LIMIT $ 1,000,000 EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF 0PE RATIO NSILOCATIONSNEHICLES /SPECIAL ITEMS S C bs RE: COLLIER BLVD /GOLDEN GATE TO PINE RIDGE; PM: BILL GRAMER CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND /OR OPERATIONS. .o f O R SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _'t DAYS WRITTEN NOTICE TO THE COLLIER COUNTY CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 EAST TAMIAMI TRAIL LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE NAPLES, FL 34112 ISSUER OF THIS CERTIFICATE. MARSH USA INC. � f0. BY; Dorothy A. Stevens f� VALID AS OF §12/09/05 MM1(3IO2j np.s�x $t`..n ;4. ffi" `?a .,r':, °,B <� << a' L ,' > •:.P* 4 , P' is � ✓ 1"�. �< ^. s. x �f � 1�+3Y$ � �� y Y k �k d � p '� y x �UCOMPANIES AFFORDING COVERAGE PRODUCER MARSH USA, INC. COMPANY 1225 17TH STREET, SUITE 00 .:0 COMPANY F 15114 - 00124 -ALL- TPA 859023 INSURED COMPANY CH2M HILL, INC. G 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 CONTINUED FROM DESCRIPTION SECTION: WORKERS' COMPENSATION INCLUDES WAIVER OF SUBROGATION. 3301 EAST TAM IAMI TRAIL NAPLES, FL 34112 COMPANY H MARSH USA INC. BY Dorothy A. Stevens 'd.0%4 AV 40. ivat CERTIFICATE NUMBER oil SEA - 000 124050 -01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202 -5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 5114 - 00005- ALL5M- TPA 859023 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY CH2M HILL, INC. 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 B COMPANY C COMPANY D THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTP TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ _ PRODUCTS - COMP /OP AGG $ COMMERCIAL GENERAL LIABILITY PERSONAL & ADV INJURY $ CLAIMS MADE F-1 OCCUR OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO $ ANY AUTO EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM WC STATU $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABWTY $ EL EACH ACCIDENT EL DISEASE- POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ THER A PROFESSIONAL LIABILITY' EOC3829621 -03 05/01/05 05/01/06 $5,000,000 EACH CLAIM AND TOTAL FOR ALL CLAIMS DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS RE: COLLIER BLVD /GOLDEN GATE TO PINE RIDGE; PM: BILL GRAMER 'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. /y f � W F (R MRR .,. �. u a �•�. �' f q cam► L�r MEN SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL An DAYS WRITTEN NOTICE TO THE COLLIER COUNTY CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Dorothy A. Stevens �I►I iI Q N' } d ,k° k� °'° w..??� §� ,.t ..; � ;,�'a d•�' r .I -.r ..- m?ad.�,. �`9°- ,f ?, .-... .. :"�} ��.�� 'ar,2; 4., RI i M(31O 2��„S. P r x } y VALID AS OF 12/1 � �°*2s.. ..4 ., �,' .�,. SCHEDULE E 10C TRUTH IN NEGOTIATION CERTIFICATE in compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill, Inc. 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 Collier Boulevard from Golden Gate Boulevard to Pine Ridge Road are accurate, complete and current as of the time of contracting. CH2M Hill, Inc. BY: TITLE: y fop— ?net) `d. t° y -L DATE: -12--1 - 05' TPA# 1953637.9 PSA E -1 10C SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Irene Nath 60% Kevin Heldorfer 60% Jason Harkless 50% Kathy Fernandez 50% Chris Jubran 35% William Gramer 30% Gerry Delrio 30% Jeff Oestreich 30% Asfaq Khan 30% Suzanne Chason 25% Dennis Escalante 20% Sachin Menon 20% Suzanne McCord 20% Pramod Choudhary 20% Claudine Auclair 15% Joe Castronovo 15% Tunch Orsoy 10% Rick Gorsira 10% Frank Scerbo 5% Scott Bear 5% Amy Stewart 5% Bill Beddow 5% F -1 TPA## 1953637.9 PSA 10E MEMORANDUM Date: December 14, 2005 To: Lorraine Lantz, Property Aquisition Specialist Transportation Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -431 Please find enclosed find one copy of the document as referenced above, (Agenda Item #10E), as approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please call me at ext. 7240. Thank you. Enclosure (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIV, TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Wil. 10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR §IGNATL TP LE Print on pink paper, Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original d the item.) 6cuments am to be forwarded to the Board Office only after the Boar has taken action on ROUTING SLIP.., q pomp ioutfni lines #1 #4 as appropriate or additional signatures, dates, and/or information needed. If the document is already complete with the through f a tA ;:—t" of t1hp rhaikimn'sitanahare- draw a fine throuah routine lines #1 throukh K complete the checklist, and forward to Sue Filson (line #5). R4xte to Ad dre�see(s);,� Office fi Initials Date appropnate.-: "Zo` W Ll (Initial) Applicable) t Original document has been signedlinitialed for legal sufficiency. (All documents to be ­V, 6 !2 "N "r—; ­_ of i, 1111" -signed by the iiiihan, wi th the exception most letters, must be reviewed and signed Ch ApMoved by the BCC 2 the 0 ice o e ount:3 signature pages from ordinances,_ f t� rA riiey. This includes ffi Type of Document _7 Number of Original Attached contract's; agreemeoirr'-tg,"th"a'th"4've been fully executed by all parties except the BCC Documents Attached irrnn and Cleri: to the Board and possibly State Officials:) 1141H County Attorney's writtenj have been initialed by the Cou ,pvisions ,"ugh,)wd o er p e i600f the BCC Chairman tie Clerk au hairman to the Board j ........................................ or the finenejotlited contract date whichever is'applicable.-� Sue Filson, Ex6cutive Manager Board of County Commissioners V -J. 2�a &; Minutes and Records, Clerk of Court's Office S40 'b ue (�n mthe BCC office within �4 hours of BCC approval. O"tula u PRIMARY CONTACT INFORMATION contact is the holder of the original document pending BCC appioval. Normally the primary contact is the person who created/prepared the executive teary . contact infon'nation'is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing All original documents needin th ,�.the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve e Name of Primary Staff Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Phone Number NIA (Not appropnate.-: "Zo` W Ll (Initial) Applicable) Agenda Date Item was , Original document has been signedlinitialed for legal sufficiency. (All documents to be ­V, 6 Agenda Item Number "r—; ­_ of i, 1111" -signed by the iiiihan, wi th the exception most letters, must be reviewed and signed Ch ApMoved by the BCC the 0 ice o e ount:3 signature pages from ordinances,_ f t� rA riiey. This includes ffi Type of Document _7 Number of Original Attached contract's; agreemeoirr'-tg,"th"a'th"4've been fully executed by all parties except the BCC Documents Attached q Wuo INSTRUCTIONS & CHECKLIST U "6 -A .14 NCO Y,Ort 'F 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 NIA (Not appropnate.-: "Zo` W Ll (Initial) Applicable) Original document has been signedlinitialed for legal sufficiency. (All documents to be ­V, "r—; ­_ of i, 1111" -signed by the iiiihan, wi th the exception most letters, must be reviewed and signed Ch the 0 ice o e ount:3 signature pages from ordinances,_ f t� rA riiey. This includes ffi etc sijQb'thd unty Attorney's Office and signature pages from y contract's; agreemeoirr'-tg,"th"a'th"4've been fully executed by all parties except the BCC irrnn and Cleri: to the Board and possibly State Officials:) County Attorney's writtenj have been initialed by the Cou ,pvisions ,"ugh,)wd o er p e i600f the BCC Chairman tie Clerk au hairman to the Board The.Chairman's signature gurc line date has been entered as the date of BCC approval of the or the finenejotlited contract date whichever is'applicable.-� �49 her tabs laced,6q id appropriate pages indicating where the Chairman's h' s inn W V* gna ifid initial recl 2�a owcase I s (some- contracts I are an exception), the original document and this routing slip S40 'b ue (�n mthe BCC office within �4 hours of BCC approval. O"tula va& 111,11entk,m, time sdiWove, and require forwarding to Tallahassee within a certain O : frame or the BCC's `actions are nullified. Be aware of your deadlines! jho document was approved by the BCC on Q1QS_ (enter date) and all changes made 4niiij di e* -:�e, etin-Lg have �o b`ien incorporatid in the attached document The nu '.."Xttorney's Office has reviewed the changes, if appficable. ty U "6 -A .14 NCO Y,Ort 'F Documents Routing slip W, WS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 iiC RESOLUTION NO. 2005- 4 31 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT -OF -WAY, AS WELL AS PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO MAIN GOLDEN GATE CANAL. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT NO. 60001). WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005 -25 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005 -25; and WHEREAS, the four -lane section of Collier Boulevard from US 41 to Main Golden Gate Canal (Project No. 60001) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the construction of the transportation improvements and related facilities currently being designed by CH2M HILL, Inc., along the project corridor, as depicted on Exhibit "A," are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion of Collier Boulevard from four lanes to six lanes between US 41 and Main Golden Gate Canal (hereinafter referred to as "the Project ") is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. M 10E 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right -of -way, as well as perpetual, non - exclusive road right -of -way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right -of -way and associated easement interests by gift or purchase. 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost - effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00 /100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, or other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro -rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate -Page 2- P 1G� or appraised value is less than Twenty -Five Thousand and 00 /100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this day of 1�C'&I 2005, after motion, second and majority vote. ATTEST: DWIGHT F,,. ,FROCK, CLERK ` lerk ' s ApproveS+4'onifi and legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,,-IBy: 4_ W. FRED W. COYLE, CHAIR -Page 3- W_ 10 E EXHIBIT "A" COLLIER BOULEVARD RIGHT -OF -WAY ACQUISITION CORRIDOR MAP US -41 / TAMIAMI TRAIL TO GOLDEN GATE MAIN CANAL DAV Rj N ORIGINAL DOCUMENTS CHECKLIST & ROUTIl 0 qV TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN: T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 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 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 routine lines ft 1 thrnunh dt4 emmnletr the eh —blast and f­­4 r.. c..e V:1..,.., M.— „c% Route to Addressee(s) (List in routing order Office Initials Date 1. Deborah Farris (Initial) 213 -5861 Agenda Date Item was December 13, 2005 Agenda Item Number l0E 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed --- 3. -- Number of Original One 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact Deborah Farris (Initial) 213 -5861 Agenda Date Item was December 13, 2005 Agenda Item Number l0E Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement (Donation) Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST Please scan under in the BMR Real Property Folder. Thank you I: Forms/ County Forms/ BCC Fors/ 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 fmal 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 12 / 13 /05(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. Please scan under in the BMR Real Property Folder. Thank you I: Forms/ County Forms/ BCC Fors/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 PROJECT: Collier Blvd. #60001 PARCEL No(s): 108/708 FOLIO No(s): Portions of 55425018004 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 5t p h day of rtober , 2006, by and between COMMERCIAL PROPERTIES SOUTHWEST, INC., a Florida corporation, Successor by Merger to Eagle Consolidated, Inc., a Florida corporation , whose mailing address is 8825 East Tamiami Trail, Naples, Florida 34113 (hereinafter referred to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Road Right -of -Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A ", attached hereto and made a part of this Agreement, and a Temporary Construction Easement over, under, upon and across land described in Exhibit "B ", attached hereto and made a part of this Agreement (said lands described in Exhibits "A" and "B" hereinafter collectively referred to as the "Property "); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Road Right -of -Way, Drainage and Utility Easement and a Temporary Construction Easement) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. County shall pay all fees to record any curative instruments required to clear title, all Road Right -of -Way, Drainage and Utility Easement and Temporary Construction Easement recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property. i Agreement Page 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida i IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Agreement AS TO COUNTY: DATED: October 5, 2006 ATTEST: DWIGHT E. BROCK, Clerk ep lerk AS TO OWNED: WITNESSES: Wi ness (Sign re) Name: L'l,,l i (Print) }} ABC ~ itnes (Signature) Name: (Print Approved as to form and legal sufficiency: Ja, V 6z'- � Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORI j BY: Frank Halas, Cha COMMERCIAL PROPERTIES SOUTHWEST, INC., a Florida corporation, Successor by Merger to Eagle Consolidated, Inc., a Florida corporation Margriet DeLange,President Recd(/ Z. Parcel 108 I l LELY CLIJURAL PARKWAY I 120' R/W LELY PHASE TWO 15' U.E. I PLAT BOOK 18 { _ PARCEL + PAGES 4S---45 _ _ _ _ - 108 I TRACT D , J ' J L31 I ' PO8 I I I I l I I I I I I I I I + I� I Li° III ell, z lb 1 I 3 Z v3 + Z� I N W + l I J I I J O U I I I I II ------- - - - -JI I I I I I + + PER�i1r�1i„ NQ��,�f� 1 t ROAD RIMMOF 1111MY, OIMMIIM j+ AM tMUTY EABEgI11W I I I I Page I I I I LINE TABLE LINE LENGTH BEARING L31 15.02 88.08131 1W ° zs so 1fM L32 Legal Description Two, Plot Book ra18, DPages Resort 5 of Phase the Public Records of Collier County, Florida. Beginning of the southeast corner of Tract D, Lely Resort Phase Two, Plot Book 18, Pages 43 -45 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -way line of Collier Boulevard thence South 88'08131" West, a distance of 15.02 feet along the South line Of said Tract D:-thence North 00'50'44" East, a distance of 42.46 feet to o point on the southerly right -of -way line of Lely ng Cultural Parkway also bei the point of curve of a non tangent curve to the right, of which the radius point lies South 24'25109" West, a radial distance of 25.00 feet and having o chord bearing of South 32'21'53" East, a chord distance of 27.39 feet; thence southeosterly olong said southerly right -of -way line and the orc, through a central ongle of 66.25'25 ", a distance of .28.98 feet to the Westerly Right -of -Way line of Collier Blvd.; thence South 00'50'44" West, o distance of 18.84 feet to the POINT OF BEGINNING. Containing 536 square feet, more or less NOTES. 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates MAD 83190, fast Zone. J. Subject to easements, reservations and restrictions of record. 4• Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions are in feet thereof. and decimals 6. Certificate of authorization LB 43. ( 8. P•O.&. represents point o Beginning. g. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. I1. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.£. represents Florida Power dr Light Easement. 14. D.E. represents Drainage Easement. 16. P.U.E.erepresents�Public Utility Easement. A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., Ct1i.i.11?P rATTlr•ry n.�.,.,.. GC300 I Tito I -0j-H- I IC -41 This Is NOT a Survey. ftlivilft In �Marle. fW n.rwn�r,,r maw. i1'M'M•wr+e►'ew.�ya,w.r..rr. N6016 -SOU -001 I J ore or X L %w Afar 09, 2D08 If Oe:27:33 TOSBORNEI %: \SUR\oollier blvd \CH2MH111\1C - {1 \GRAND LELY -LELY CULTURAL PARNWAY.dwg GRAPHIC SCALE zoo L33 42.46 NOD' 0'44" E 18.84 0 0'44 "W Jr CURVE I RADIUS 1 DELTA CURVE TABLE I LENGTH TANGENT DAV/0 J. HY M. (FOR THE F1RA4) C5 Rev 25.00' 66 g" 2g,gg 16 37 CHORD 27 39' CHORD BRG. 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF 1) Revised area to add the word feet A FLORIDA SURVEYOR AND MAPPER LfCENS£D C112MR111. sins 07/06 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., Ct1i.i.11?P rATTlr•ry n.�.,.,.. GC300 I Tito I -0j-H- I IC -41 This Is NOT a Survey. ftlivilft In �Marle. fW n.rwn�r,,r maw. i1'M'M•wr+e►'ew.�ya,w.r..rr. N6016 -SOU -001 I J ore or X L %w Afar 09, 2D08 If Oe:27:33 TOSBORNEI %: \SUR\oollier blvd \CH2MH111\1C - {1 \GRAND LELY -LELY CULTURAL PARNWAY.dwg Parcel 708 I LELY CULTURAL PARKWAY r Legal Description 120' R/W A. Portion of Tract D, Lely Resort Phase PARCEL I Two, as recorded in Plat 'Book .18, pages LELY PHASE TWO. 15' U. E, I 43 through 45 of the Public Records of PLAT BOOK 18 _ C6 708 I Collier County, Florida,' being more PAGES 4_3_-4_S I ! particularly described as follows. I I TRACT 0 8' -1 -' POC Commencing at the Southeast corner of L34 15' said Tract D, said point also lying on the .02• I I westerly right -of -way line of Collier i I S8T08'31 "W 1 I •. 8oulevard; Thence South 88'08'31" West, a I POB distance of 15.02 feet along the South line Of said Tract D to the POINT OF BEGINNING; thence South 88'08'31" West olon I line, a distance of 8.01 feet; 9 thence aeoving said line North Of 8.44" of 44,85 feet to East distance• a I o ht- f- Point on the southerly I right-of-way way line of Lely Cultural Parkway, also being the point of curve of a non, ton gent curve to the right, of which the radius point. lies South 05'25'54 "' West; a I 1 radial distance of 25.00 feet and hovin i I chord bearing .of South 75-04'16" 9 a chord distance of 8.25 feet; the[ along along said southerly right -of -way line easterly Q. 1 I the arc, through a central angle of 18'59'23 ". o distance of 8:29 feet; thence I W I leaving said line South 00'50'44" distance of 42.46 feet to the POINT OF Cc BEGINNING. I O LO o O Containing 351 square feet, more or less. C, �- � �� • I � C, N w I I NOTES: I J I I 1. Thfs 13 not a O I survey. U 2. Basis of beorin i1 I County Rood 951 9 the West of 0050'44" f, Florida CState . S N Plane Coordir>,otes II I NAD 83/90, East Zone. r 1 3• Subject to easements, reservations and restrictions of record. TEMPO I I I Easements sCONSTRUCTION EASEMENT unless otherwise noted. ore Per Plot, (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 5. Dimensions are in feet and thereof, decimals I I i 6. Certificate of outh 7• R/W orizofion L8 43. represents Ri ht- I 8. P.O.B. represents Point ofWB ginning EXHIBIT Q 1 1 P.O.C. represents Point a Commencement Q f 10. O.R. represents Official Records. 1 L.B.E. represents I Easement. " Landscape Buffer i �� .. / I 12. U.E. represents Utility Easement. 13. F,P,L.f. represents Florida Power Light II Easement. & I 14. D.E. represents Drolno e I I 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Easement. y Easement, LINE TABLE LINE LENGTH r BEARING i ii�•f,,y:'``•. q rs so 'GG L34 8:01 S8 '08131!,W i +,,c:: /1 GRAPHIC SCALE 2� L35 44.85 NO '50'44 'E c f C�ZS• p L36 42.46 S0050'44 "W' �✓ �� ':. DAVID ✓, +� CURVE RADIUS CURVE TABLE ATT 5r DELTA LENGTH TANGENT FLA. LfC. O, ,g8�1 �' ��,�E:�7RM) C6 25.00' CHORD CHORD BRG, NOT VALID W17NO(Y �Nt S/CN9Ff1Rf rANO i THE 18'59'23" 8.23' �j��� ; 4.18 8.25' S75' 4'16" ORIGINAL RAISED SEA6.,7p CH2MHILL 3/06 SURVEYOR AND HARPER rJ�RIDA LICENSED SKETCH & DESCRIPTION OF PARCEL 708 This is NOT ar Survey, A PORTION OF SECTION 27, TOWNSHIP 50 S. •,I �"`�' "`" COLLIER COUNTY FLORIDA 'RANGE 26 E.,". r.•err...,•waow...,,w,.,.,,�„A. UN � D DA TMD J � `PIIO�ECI Mb DJH 1 C-41 f ptfAlhNp no NO, "`.'.... NBDltI -SOU -001 708 OF g Mar 09, 2008 — OB:41:52 TOSBORNEX: SUR\ 1C -41 I \ collier y ivd\CH2MHRI\t C -41 \GRAND LELY- LELY CULTURAL PARKWAY.dwq - — I 3915941 OR; 4121 PG; 0250 u RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL l 10/12/2006 at 03 :10FN DWIGHT B. BROCK, CLERK PROJECT NO.: 60001 Retn: REC FEE 460.50 PROJECT NAME: Collier Blvd. CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 0 E %T 7240 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this LZ_ day of (� cT- t--3 —(,� , 2006, by and between Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County "), and EMBARQ FLORIDA, INC. fka SPRINT - FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address is 600 New Century Pkwy., Mailstop KSNCAA0133:4-BETA 600, New Century, Kansas 66031 (hereinafter referred to as "Utility ") WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "); and WHEREAS, the County has determined that this Property is necessary for the expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal and will be used for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility arid County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes ovo r, under, through, upon, and /or across said Property, including, but not limited to the claim of interest based upon the following: ti , i ",'etwork Real Estate, rtiN I olv SUBORDINATION OF UTILITY INTERESTS OR; 4121 PG; NATURE OF DATE FROM OR AGAINST IN FAVOR OF ENCUMBRANCE . ........... _ .... - Dedicated 3/8/90 Lely Resort Phase One. United Telephone Easement Company of Florida Dedicated 1/24/91 ;" . ... ...... _.......M ....._..__ Lely Resort Phase Two i United Telephone Easement Company of Florida Dedicated 6/9/02 Sierra Meadows United Telephone Easement Company of Florida Plat 8/27/99 Cedar Hammock Golf and All Public Utilities 0251 RECORDED BOOK -PAGE Plat Book 16 Pages 87 -99 mPlat Book 1.8..___... Pages 43 -45 Plat Book 39 Pages 11 -13 Plat Book 32 Page 91 Plat Book 26 Pages 73 -80 Plat Book 31 Pages 78 -80 Plat Book 33 Pages 8 -15 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and /or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: DWIGH E. BROC , Clerk 1� Attest as t. C?raiuV Clerk sigaaturt oal.il SUBORDINATION OF UTILITY INTERESTS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F�A BY: FRANK HALAS, Chairman Signed, sealed and delivered in our presence as witnesses: W i gnatur ) Name: (Print or Type) WITNESS ignature) Name: rint or Type) STATE OF r_kOkl-6-4 COUNTY OF !Z W/ d - OR; 4121 PG; 0252 "t Embarq Florida, Inc. fka Sprint - Florida, Incorporated successor by merger to United Telephone Company of Florida By: W_'L /'/�' ✓;q President/Vice President 1 eeV-'-J /Z /'''tc CjZTP1Z The foregoing Subordination of Utility Interests was acknowledged before me this sM day of a i P/2 , 2006, by k,e v."'i e Ar CC ler (Name), as �Cv- 5; dP,.;j-" (Title), of Embarq Florida, Inc. fka Sprint - Florida Incorporated successor by merger to United Telephone Company of Florida, who is personally known to me or who has produced as Inc enfification. (affix notarial seal) ��' � (Signature of Notary Public) - CAROL A. STONE Notary Public -State of Florida f My Commission Expires Apr. 25, 2007 -- Commission #DD19759 Approved as to form and legal suff iency: 11, d, i Heidi F. A hton Assistant County Attorney SUBORDINATION OF UTILITY INTERESTS I4_ A S �o N (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission #:(if any) 1- h/97,. 'V My Commission Expires: Ao ,/ ,1, �c�n y W. 0 rn a, A. E. O.R, BOOK 1970 PAGES 1664 -1668 3 I �l I l j I! LINE TABLE z° I LENGT!!� BEARING L143 Lin S5 4 '20'41" L144 6.09 S89'08'32" L168 Ctf S54'21'01" °O� 20.00 L168 ova �CQ �o > Im�`� U icr_ � -J Imo rn Parcel 703 POC S.E. CORNER OF SECTION 34 TOWNSHIP 50 SOUTH RANGE 26 EAST EXHIBIT � PARCEL 703 2 5' L169 14 LO N rn :j 35' 5' 0 100 200 400 8Q0 GRAPHIC SCALE Rev 2 Revised bearing direction 05/06 Rev 1 ) Revised per Ch2mhill design changes CH2MHILL 4/06 ant✓ i t,n ac llLSiUNIFTION OF PART A PORTION OF, S 34, T 50 & S 3, T 51 S., R 2 6 E., COLLIER COUNTY, FLORIDA GCS00 TM DJH 05/06 1 703 S., R 26 E., CAD FIE; 1C -41 121 PG; 0253" ullt Legal Description A portion of Section 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier Coounty, Florida and a portion of the lands described in Official Records Book 1970, Page 1667 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of Section 34, Township 50 South, Range 26 East, Collier County, Florida; thence North 00'51'28" East along the East line of sold Section 34, a distance of 3449.84 feet; thence leaving said line North 89'08'32" West, a distance of 492.18 feet to a point 40 feet southeasterly of the southeasterly right -of -way line of Collier Boulevard being 175.00 feet in width and the POINT OF BEGINNING; thence South 35'38'59" West, a distance of 1897.93 feet; thence South 54'21'01" East, a distance of 20.00 feet; thence South 35'38'59" West, a distance of 977.33 feet; thence North 54'21'01" West, a distance of 20.00 feet; thence South 35'38'59" West, a distance of 1393.25 feet to a point on the south line said described lands; thence North 54'20'41" West along said south line, a distance of 5.00 feet; thence leaving said line North 35'38'59" East, a distance of 4,265.03 feet to its intersection with the north line of said described lands; thence South 89'08'32" East along said north line, a distance of 6.09 feet to the POINT OF BEGINNING. Containing 0.9385 acres, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement, 11 DAVID J. HYAyT, P�if. (FOR THE FIRM) FLA. LIC. N(Y 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. pb" . i,h,.� . Eqy ,, , MWrob . Ti�nparhlbt CanMMuib wwon�r: ,r,c PRMW NO: oaNw�+a Mooc No: N6015 -SOU -001 703 OF X RE11s 1C -41 LINE TABLE LINE I LENGT!!� BEARING L143 5.00 S5 4 '20'41" L144 6.09 S89'08'32" L168 20.00 S54'21'01" L169 20.00 N54'21 -01" NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement, 11 DAVID J. HYAyT, P�if. (FOR THE FIRM) FLA. LIC. N(Y 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. pb" . i,h,.� . Eqy ,, , MWrob . Ti�nparhlbt CanMMuib wwon�r: ,r,c PRMW NO: oaNw�+a Mooc No: N6015 -SOU -001 703 OF X RE11s 1C -41 I I I I I 'I I � ;I � CJf I� I j �. Parcel 803 OR; 4121 PG; 0 54 Legal Description A portion of Section 34, Township 50 South, \20 \. Range 26 East, and Section 3, Township 51 .•0, \, South, Range 26 East, Collier Coounty, Florida POB and a portion of the lands described in Official Records Book 1970, Page 1667 of \� \ the Public Records of Collier County, Florida, being more particularly described as follows. A. E. O.R. BOOK 1970 PAGES 1664 -1668 0 z 50 Ln C) CID 0 m C) Q �0. U �Ct� LLDJ IJ IC) IU I i PARCEL i 803 EXHIBIT Paw of al. O o � �r to N N w 3 07 `n Ln 00 ao U') z �n r) z � 0 100 200 ,00 800 GRAPHIC SCALE 35' Rev 1) Revised bearing distance 05/06 CH2MHiLL 4/06 SKETCH & DESCRIPTION OF PARCEL 803 A PORTION OF, S 34, T 50 S., R 26 &S3,T51S.,R26E., COLLIER COUNTY, FLORIDA roc coos: owwrw eY: c�a er: coo FII,F: GCS00 TMO DJH 1C -41 Containing 3.417 acres, more or less. LINE TABLE LINE LENGTH BEARING L141 35.00 N54'20'41 "W L142 42.62 S89'08'32 "E NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right-of-Way- 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Eosement. 13. F.P.L.E, represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement. DAVID J. H TT, P. M. (FOR THE FiRM) FLA. LIC. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller 17wwn • Ephwn • FooAyYfr .'k-- . Lav,dcy.* -- . 7r�pa'Mtlal CenrUtaob moo ewnr,t "xo . *p* Pm k,,,xn,eo, - ff a .,o,o . w 2Jc--204W . WWab nn�.bmrram U= No: r oR,'wMp .... . PIO: N6015 -SOU -001 803 OF X �' IC -41. Commencing at the southeast corner of Section 34, Township 50 South, Range 26 East, Collier County, Florida; thence North y 00'51'28" East along the East line of said Section 34, a distance of 3449.84 feet; \ thence leaving said line North 89'08'32" West, \ a distance of 498.27 feet to a point 35,00 feet \ southeasterly of the southeasterly \ right -of -way line of Collier Boulevard being 175.00 feet in width and the POINT OF BEGINNING; thence South 35'38'59" West, a POC distance of 4,265.03 feet to a point on the S.E. CORNER south line of said described lands; thence OF North 54'20'41" West SECTION 34 TOWNSHIP along said south line, a distance of 35.00 feet to the southeasterly 50 RANGE 26 EAST SOUTH right -of -way line of said Collier Boulevard; thence North 35'38'59" East along said southeasterly right -of -way line, a distance of 4,240.70 feet to its intersection with the north line of said described lands; thence South 89'08'32" East along said north line, a distance of 42.62 feet to the POINT OF BEGINNING. EXHIBIT Paw of al. O o � �r to N N w 3 07 `n Ln 00 ao U') z �n r) z � 0 100 200 ,00 800 GRAPHIC SCALE 35' Rev 1) Revised bearing distance 05/06 CH2MHiLL 4/06 SKETCH & DESCRIPTION OF PARCEL 803 A PORTION OF, S 34, T 50 S., R 26 &S3,T51S.,R26E., COLLIER COUNTY, FLORIDA roc coos: owwrw eY: c�a er: coo FII,F: GCS00 TMO DJH 1C -41 Containing 3.417 acres, more or less. LINE TABLE LINE LENGTH BEARING L141 35.00 N54'20'41 "W L142 42.62 S89'08'32 "E NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right-of-Way- 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Eosement. 13. F.P.L.E, represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement. DAVID J. H TT, P. M. (FOR THE FiRM) FLA. LIC. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller 17wwn • Ephwn • FooAyYfr .'k-- . Lav,dcy.* -- . 7r�pa'Mtlal CenrUtaob moo ewnr,t "xo . *p* Pm k,,,xn,eo, - ff a .,o,o . w 2Jc--204W . WWab nn�.bmrram U= No: r oR,'wMp .... . PIO: N6015 -SOU -001 803 OF X �' IC -41. 6? - 1!!-0-11 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L13 1 20.00 N89'09'16,W CURVE TABLE CURVE C1 Parcel 104 OR; 4121 PG; 0255 I LENGTH 34.24' TANGENT 20.41 I 10E I Legal Description _ _ -- - - -- I I A portion of Tract 12, Lely Resort Phase One, GRAND LELY DRIVE I I As recorded in Plat Book 16, Pages 87 -99 of the Public Records of Collier County, 120' R/W Florida, being more particularly described as r\ I follows. - - - - - -- `t. POB I I I Beginning at the Northeast corner of said 15' U.E. 15' U.E. Tract 12, said point also being the 7' F.P.L.� N y O.R. BOOK 1524 PAGES 165 -167 I intersection of the westerly right -of -way line of Collier Boulevard O.R. BOOK 16p5 PAGES 1561 - 15'6\3 I I I and the southerly right -of -way line of Grand Lely Drive thence South X I 00'50'44" West along said westerly ` right -of -way line, a distance of 679.42 feet; I I thence leaving said line North 89'09'16" West, a distance of 20.00 feet; thence North I I 00'50'44" East, a distance of 703.91 feet to I the southerly right -of -way line of said Grand j Lely Drive and a point of curve of a non tangent curve to the right, of which the LU zo i radius point lies South 12'22'52" West, a I I radial distance of 25.00 feet and having a Q cn a, 20 I chord bearing of South 38'23'13" East, a N I I chord distance of 31.62 feet; thence a- 0 N I \ \ I southeasterly along the said right -of -way line 000 1- I an the arc, through a central angle of ", 0 w ¢ ~ 1' ^ 78 7'51 a distance of 34.24 f feet to the I POINT OF BEGINNING. Craw w i J Co twining 13,955 square feet, more or less. J I o \ Z Q- J " 0 EXHIBITS, 0 m N Paged of LtJ PARCEL ° I I 104 NOTES: I 1. This is not a survey. U 2. Basis of bearing is the West line of I County Rood 951 (C.R. 951) being N I � 00'50'44" E, Florida State Plane Coordinates I I I NAD 83190, East Zone. J. Subject to easements, reservations and I I restrictions of record. I � Li I C6 I I 4. Easements shown hereon ore per plot, I unless otherwise noted. M \ I 5. Dimensions ore in feet and decimals I thereof. 6. Certificate of authorization LB 43. I 7. R/W represents Right -of -Way. j L13 8. P.O.B. represents Point of Beginning. I 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 6? - 1!!-0-11 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L13 1 20.00 N89'09'16,W CURVE TABLE CURVE C1 I RADIUS 25.00' I DELTA 78'27'51" I LENGTH 34.24' TANGENT 20.41 CHORD 31.62' CHORD BRG. S38'23'13 "E CH2MHILL 4/06 SKETCH & DESCRIPTION OF PARCEL 104 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA A!K 'In ormw Mrr a#lEa 8u CAD txM pip ,•r pq� ! GCS00 TMO DJH 1C -41 N6015 -SOU -001 DAVID J. YATT, S.M. (FOR, -THE` FIRM) FLA. LIC. NO. 5834: NOT VALID WITHOUT, THE SIGNATURE"AND THE ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR AND MAPPER ' ' This is NOT a Survey. WNWmiller p ... •Eros+•+. • �,b y,,, • angnn . LWdx8,. AVva . nwaara.n aonuh w AIM A& JW . WOO RmkY ms-m. ft" 3*40,00 . w 0-ae. ". 0R111NMa RM No: FW. 104 of X I IC -41 Apr 06. 2006 — 10:56:09 T0SB0RNEIX: \SUR \co11ier blvd \CH2MHi11 \1C- 41 \US41 —GRAND LELY.dwg GRAND LELY DRIVE 120' R/W C2 L _ _ L17 - POB P 0 C 15' U. E. 51 LT j O.R. BOOK 1524 PAGES 165 -167 7' F.P.L. O.R. BOOK 105 PAGES 1561-115)F,3 H w z 0 w0) Q -0) d1^ o00 Qf �o m O� W Ld a_ J W J PARCEL 704 OWN W, U I w cri J rni of 3 � I 01 �I o� 0 (/I I I 20' 11116 I I I I I I I I I I I I Parcel 704 OR: 4121 PG; 02561 ,. Legal Description - A portion of Tract 12, Lely Resort Phase One, As I recorded in Plat Book 16, Pages 87 -99 of the I Public Records of Collier County, Florida, being more I particularly described as follows. I I I I � I I rn I I I � U I Q Q > CO � I N I I ry W J J O U 0 25 50 T00 200 GRAPHIC SCALE Commencing at the Northeast corner of said Tract 12, said point also being the intersection of the southerly right -of -way line of Grand Lely Drive and the westerly right -of -way line of Collier Boulevard, said point being the beginning of a curve to the left, of which the radius point lies North 89'09'16" West, a radial distance of 25.00 feet and having a chord bearing of North 38'23'13" West, 31.62 feet; thence northwesterly along the southerly right -of -way line of Grand Lely Drive and the arc, through a central angle of 78'27'51 ", a distance of 34.24 feet to the end of the curve, said point being the POINT OF BEGINNING; thence leaving said line South 00'50'44" West, a distance of 703.91 feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 704.42 feet to the southerly right- of -woy line Grand Lely Drive; thence South 89'09'08" East along said line, a distance of 3.00 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 11'32'00 ", and a chord bearing of South 83'23'08" East, a chord distance of 5.02 feet; thence easterly along said southerly right -of -way line and the arc a distance of 5.03 feet to the POINT OF BEGINNING. Containing 5,635 square feet, more or less. EXHIBIT Pso.� m I NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N I 00'50'44" E, Florida State Plone Coordinotes NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. LINE TABLE LINE LENGTH BEARING L16 8.00 N89'09'16 "W L17 3.00 S89'09'08 "E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C1 25.00' 78'27'51" 34.24' 20.41 31.62' N38'23'13 "W C2 25.00' 11'32'00" 5.03' 2.52 5.02' 583'23'08 "E CllfWILL 4/06 SKETCH & DESCRIPTION OF PARCEL 704 A PORTION OF SECTION 27, TOWNSHIP 50 COLLIER COUNTY, FLORIDA k3K 000E �amwN err: CHKE 1 W. GCS00 TMO DJH S., RANGE 26 E., 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F,P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents, Public - Utility Easement. DAVID J. HAFT, S.M., (F.OR: THE FIRM) FLA. LIC. 0. 5834 ., ' , %� 'r" NOT VALID WiTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL E OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. wIsiMiller Pwrwrr . SgYwri . r.�;,yy . 8trvywt . L.nd,aw NaI.cY . Tf+npon.am carwuNr,b r r%= I PIMA= HM SHEET' DIMiII MM NO: IC-41 N6015 -SOU -001 704 OF X IC -41 qty; Feb 20, 2006 — 11:18:13 T0580RNEIX: \SUR \co11ier b1vd \CH2MHi11 \SK & D \US41 —GRAND LELY.dwg Parcel 105 I I u7 Irn J CO I N I p I W I w a~ O U I I z rl I I I I I I I I I I PARCEL 105 I I -- —C-276 161 C 2 7 I Q I TRA£� - - - I Z L160 POB U I GRAND LELY DRIVE I o 120' R/w 15' U. E. I O.R. BOOK 1524 7' F.P L E. PAGES 155- 167 O.R. BOOK 1605 — w Imo— I I W PAGES 1561 -1-,63 y I I o W Q'-rn I I a 0 r\ I I I 0 00 I mV) F- 0 W ¢ I I �aa LLJ I I I I i I I I I I I I I I I I I I I I I Q%M_P!!!!!1 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L160 19.21 N89'09'08 "W L161 19.21 S89'09'08 "E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C26 11.00' 180'00'00" 34.56' INFINITE 22.00' N00'S0'S2 "E C27 11.00' 180'00'00" 34.56' INFINITE 22.00' S00'50'S2"W CHBMHILL 4/06 SKETCH & DESCRIPTION OF PARCEL 105 A PORTION OF SECTION 27, TOWNSHIP 50 COLLIER COUNTY FLORIDA TAMc 000e: DRAMN W. I CM0 W* GCS00 I TMO DJH S., RANGE 26 E., GAD Fill 1C -41 OR; 4121 PG: 0257 Legal Description 10 A portion of Tract 18, Lely Resort Phase One, As recorded in Plat Book 16, Pages 87 -99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract 18; thence North 89'09'08" West along the southerly line of said Tract 18, a distance of 19.21 feet to the point of curve of a non tangent curve to the left, of which the radius point lies North 00'50'52" East, a radial distance of 11.00 feet and having a chord bearing of North 00'50'52" East, a chord distance of 22.00 feet; thence northerly along the arc, through a central angle of 180'00100 ", a distance of 34.56 feet to the northerly line of said Tract 18; thence South 89'09'08" East, a distance of 19.21 feet a point of curve to the right having a radius of 11.00 feet, a central angle of 180'00'00 ", and a chord bearing of South 00'50'52 West, a chord distance of 22.00 feet; thence southerly along the arc a distance of 34.56 feet to the POINT OF BEGINNING. Containing 423 square feet, more or less. EXHIBiT_Z . Paw 5 of —q.2., NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Pubic Utility Easement. .I c 014,yj DAVID J. H TT, M,. (FOR 'THE q'R FLA. LIC. N 5834 NOT VALID WITHOUT., THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER - I This is NOT a Survey. W11*mMer Plrrrr . EnpFN.n . Eeob�M1 . � • MM1KM1 . TrvwparhlM CawiRnli wkoami Inc aaaoe.�.r•+, a..xo .1ipY, � . nom. sca»..w . �.. mrss.a . Mw.a1...�.ro�.K.� PRDMII NO: aFEET DWMM 6M NM FM N6015 -SOU -001 105 OF TX 1C -41 Feb 20, 2006 — 11:18:13 TOSBORNEIX: \SUR \ coil ier blvd \CH2MHill \SK & D \US41 —GRAND LELY.dwg 0 w a Z D PARCEL 106 GRAND LELY DRIVE 120' R/W LELY RESORT PHASE ONE PLAT BOOK 16 PAGES 87 -99 6WI 0 25 50 100 200 GRAPHIC SCALE Parcel 106 OR; 4121 PG; 0258 Legal Description 10E A portion of Section 27, Township 50 South, Range 26 East, Collier County, Florida, being I more particularly described as follows. Beginning at the northeasterly most corner of Lely Resort Phase One, as recorded in Plot Book 16, pages 87 -99 of the Public Records I of Collier County, also being the intersection I of the westerly right -of -woy line of Collier Boulevard and the northerly right -of -woy line l i of Grand Lely Drive said point being the beginning of a curve to the right, of which I the radius point lies North 89'09' 16" West, a I radial distance of 25.00 feet and having a chord bearing of South 40'04'36" West, a I chord distance of 31.62 feet; thence I southwesterly along said northerly right -of -way line and the arc, through a central ongle of 78'27'47 ", a distance of 34.24 feet; thence leaving said line North 00'50'44" East, a distance of 786.11 feet; thence South 89'09'16" East, a distance of 20.00 feet to a point on said westerly I right -of -way line; thence South 00'50'44" I West along said line, a distance of 761.61 feet to the POINT OF BEGINNING. u7 I I Containing 15,599 square feet, more or less. I � I I EXHIBIT z Q v 00 i hags Ofd J �) I f Y] N I C I NOTES: I 1. This is not a survey. I 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, I I I 3. Subject to easements, reservations and I restrictions of record. i 4. Easements shown hereon are per plot, -.P.L.E. I I unless otherwise noted. BOOK 16b5 ES OK 1 { 563 I 5. Dimensions are in feet and decimals (hereof. B I I 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. I B. P.O.B. represents Point of Beginning. I 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. LINE TABLE LINE I LENGTH BEARING L22 1 20.00 S89'09' 16" E CURVE TABLE CURVE C3 RADIUS 25.00' DELTA 78.27'47" LENGTH 34.24' TANGENT 20.41 CHORD 31.62' CHORD BRG. S40'04'36 "W CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 106 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA 1fllRlc 001m 5w er: IMM er: I CO FRB: P N0: GCS00 TMO DJH 1C -41 N6015 -SOU -001 DAVID J. ATT, " S.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller Pk. - Svi" • E,o"1 h, . a1*— - --04- Arort.oy , ,,.ny"1M Caws on W%"ANer, ha '*R db Im . ewe, f♦orld.300Q m . PM1O a r+A bolo • Pq m.ra, aw . rwo-a...a,Aa,n...oun 106 OF X I 1C -41 Apr 14, 2006 — 10:15:05 TOSBORNEIX: \SUR \collier blvd \CH2MHill \1C -41 \GRAND LELY —LELY CULTURAL PARKWAY.dwg 8 20' 0 w g a_ z PARCEL 706 T co 00 r, w 0 0 0 z I I co I 00 r\ 3 a' I �I 0 0 V) Parcel 706 OR: 4121 PG: 0259 Legal Description I I A portion of Section 27, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows. I I I I U-) Irn I I � z I > I U O I � J Ln M N I I C I I W J I J O U I I I II I 7 F.P.L.E. I r O.R. BOOK 16105 I�PAGES 1561- r 563 I I I POC I I I L233 C GRAND LELY DRIVE - t 2t- R & LELY RESORT PHASE PLAT BOOK 16 PAGES 87 -99 0 25 50 100 200 GRAPHIC SCALE M LINE TABLE LINE LENGTH BEARING L23 3.00 N89'09'08" W L24 8.00 S89'09'16 "E Commencing at the northeasterly most corner of Lely Resort Phase One, as recorded in Plat Book 16, pages 87 -99 of the Public Records of Collier County, also being the intersection of the westerly right -of -way line of Collier Boulevard and the northerly right- of -woy line of Grand Lely Drive said point being the beginning of a curve to the right, of which the radius point lies North 89'09'03" West, a radial distance of 25.00 feet and having a chord bearing of South 40'04'36" West, 31.62 feet; thence southwesterly along said northerly right -of -way line and the arc, through a central angle of 78'27'17 ", a distance of 34.23 feet to the POINT OF BEGINNING; continuing along said northerly right -of -way line and said curve to the right, having a 25.00 feet radius and having a chord bearing of South 85'04'41" West, a chord distance of 5.03 feet; thence westerly along the arc, through a central ongle of 11'32'23", a distance of 5.04 feet; thence North 89'09'08" West, a distance of 3.00 feet; thence leaving said line North 00'50'44" East, a distance of 786.61 feet; thence South 89'09'16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 786.11 feet to a point on said northerly right -of -way line and the POINT OF BEGINNING. Containing 6,292 square feet, more or less. EXHIBiT,L_ Paw-1- ofd NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C3 25.00' 78'27'47" 34.24' 20.41 31.62' S40'04'36 "W C4 25.00' 11'32'23" 5.04' 2.53 5.03' S85 '04'41"W 1 .1- Qcu Pur 'AlZrOMILL U4/Ub CH2MHILL 3/06 DAVID J. HY TT, . . (FOR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 706.��,�,, A PORTION OF Wilson ller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., "'"""•av'"M &0-1 "- maw*d*W,. rr**.,Ukh C.&,w COLLIER COUNTY FLORIDA �, ft. mao e.M wm ew tau . Mp.t aaos�eo�. R- m►aa•aa . ru ZW26.1aW . W b-M wn...wonrrean TASK com DMM OP I O UM or: CAD FILM PIIQIl,7CI NO-: JWRAwm im NO: REV: GCS00 TMO DJH 1C -41 N6015 -SOU -001 706 OF X I 1C -41 Apr 14, 2006 - 11:12:54 T0SB0RNEIX: \SUR \co11ier blvd \CH2MHill \1C -41 \GRAND LELY -LELY CULTURAL PARKWAY.dwg LELY CULTURAL PARKWAY 120' R/W LELY PHASE TWO PLAT BOOK 18 PAGES —45=5 TRACT D L28 0 w g a_ z D 4 PARCEL 107 15' N N (`(a w � � O U-) b o 0 z o L27 0 25 50 100 200 GRAPHIC SCALE Parcel 107 OR; 4121 PG; 0260 I I Legal Description 10 I A portion of Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows. I I I Beginning at the Southeast corner of Tract D, Lely Resort Phase Two, As recorded in Plot Book 18, pages 43 -45 of the Public Records of Collier County, Florida, said point also lying on the POB I Westerly Right -of -Way line of Collier Boulevard; thence South 0950'44" West along said westerly right -of -way line, a distance of 663.92 feet; thence leaving I I said line North 89'09'16" West, a distance of 15.00 feet; thence North 0950'44" East, a distance of 663.21 feet to the I South line of said Tract D; thence North 88'08'31" East along said south line, a l distance of 15.02 feet to the POINT OF I BEGINNING. I Containing 9,953 square feet, more or less. i ell, 0) I z EXHIBIT A o Q I U° I faue of > 0 J �) I `- m N NOTES: LLJ J I I 1. This is not a survey. J UO 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N l I 00'50'44" E, Florida State Plane Coordinates J I I NAO 83190, East Zone. I 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. I 5. Dimensions ore in feet and decimals thereof. I I 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. I 8. P.O.B. represents Point of Beginning. I 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. I 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. LINE TABLE LINE LENGTH BEARING L27 15.00 N89'09'1 6 "W L28 15.02 N88'08'31" E c� a�?�A DA--VI-DD J. ffHY T, P (FOR THE FIRM) FLA. LIC. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CHWILL 3/06 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 107 SECTION I0220TOWNSHIP 50 �I���11er S., RANGE 26 E., "'"'K'. b,,,,.,,. . a.,y.. uft%�P.Arw.* . fr.40",n COLLIER COUNTY, FLORIDA 17= 000E o�ATM eu: G#® er: CAD FM.E PI1oJEKT t o: $FEET of "m *= N09 qEy; GCS00 TMO DJH I 1C -41 N6016 -SOU -001 1 107 OF X I 1C -41 Adnr no 9!1l1F _ m.�e.zo -- -- I - I-- I ����w���c� uivu��ntrvinm \i�- 41 \GFiANU LELY -LELY CULTURAL PARKWAY.dwg Parcel 707 OR; 4121 PG; 0261 I Legal Description 10E LELY CULTURAL PARKWAY I A portion of Section 22, Township 50 South, 120, R/W I Range 26 East, Collier County, Florida, being LELY PHASE TWO more particularly described as follows. I I PLAT BOOK 18 I I Commencing at the Southeast corner of PAGES -473-45 Tract D, Lely Resort Phase Two, Plot Book ------ - - - - -- 18, Poges 43 -45 of the Public Records of TRACT D POC Collier County, Florida, said point also lying L30 15.02 I on the Westerly Right -of -Way line of Collier S88'08'31 W I I Boulevard thence South 88'08'31" West I I along said line, a distance of 15.02 feet to POB I the POINT OF BEGINNING; thence South 00'50'44" West, a distance of 663.21 .feet; I thence North 89'09' 16" West, a distance of PARCEL I 8.00 feet; thence North 00'50'44" East, a 707 I I distance of 662.83 feet to the South line of said Tract D; thence North 88'08'31" East along said line, o distance of 8.01 feet to the POINT OF BEGINNING. I I I Containing 5,304 square feet, more or less. I I Iw ~ ell, I Q7 Co CV Lo Z I I EXHIBIT / O p �I I O J I Page-1— of -.4. N m O Z �W J I I NOTES: J 1. This is not a survey, U 2. Basis of bearing is the West line of County Road 951 (C.R. 95 1) being N 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. 8' I I I I I 15' I-•-- I I I I I I I I I I L29 I I I I I I I I I I I I I I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L29 8.00 N89'09' 16" W L30 8.01 N8608'31 "E J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemer. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. qHYA M. (FO R THE FIRM) FLA. LIC.34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 707 A PORTION OF Wl, M111er SECTION 22, TOWNSHIP 50 S., RANGE 26 E., "-" ""'' ""ArM -- ^ ftCo"&* COLLIER COUNTY, FLORIDA "h°""'" h` MW 0"" er: MU en ac rte: PoNCII � ate' owwnNO �ooc woo GCS00 TMO DJH 1C -41 N6015 -SOU -001 1 707 OF X IC-41 0wa\-nzMrnn \1C -41 \GRAND LELY -LELY CULTURAL PARKWAY.dwg Parcel 108 LELY CULTURAL PARKWAY 120' R/W OR; 4121 PG; 0262 Legal Description '7 Legal A portion of Tract D, Lely Resort Phase Two, Plat Book 18, Pages 43 -45 of the Public Records of Collier County, Florida. LELY PHASE TWO r15' U•E• I I Beginning at the southeast corner of Tract PLAT BOOK 18 i PARCEL I D, Lely Resort Phase Two, Plat Book 18, PAGES 4_3_ -45_ _ _ _ _ _ 108 Pages 43 -45 of the Public Records of '� Collier Count Florida, said TRACT D � J J Y� point also lying on the westerly right -of -way line of Collier L31 I I Boulevard thence South 88.08'31" West, a I I distance of 15.02 feet along the South line POB I of said Tract D; thence North 00'50'44" East, a distance of 42.46 feet to a point I on the southerly right -of -way line of Lely Cultural Parkway also being the point of curve of a non tangent curve to the right, I of which the radius point lies South 24'25'09" West, a radial distance of 25.00 feet and having a chord bearing of South 32'21'53" East, a chord distance of 27.39 1 feet; thence southeasterly along said southerly right- of -woy line and the orc, i w through a central angle of 66'25'25 ", a °w distance of 28.98 feet to the Westerly Right -of -Way line of Collier Blvd.; thence South 00.50'44" West, a distance of 18.84 z feet to the POINT OF BEGINNING. 10 rn O I1 ( J Containing 536 square, more or less. Z I o I EXHIBIT�, m N I Page —Le, a ofd I � 1 I w I NOTES: I O I I. This is not a survey. I I I U 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N I I 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. I I I 3. Subject to easements, reservations and I I restrictions of record. I I 1 I 4. Easements shown hereon ore per plat, I un less otherwise noted. I 5. Dimensions are in feet and decimals I thereof. J 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L31 15.02 S88'08'31 "W L32 42.46 N00'50'44" E L33 18.84 SOO'50'44 "W CURVE TABLE CURVE RADIUS DELTA LENGTH ORD CHORD BRG, C5 25.00' 66'25'25" 28.98' 7.39' S32'21 '53 "E 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement. DAVID J. HY T, P. M. (FOR THE .FIRM) A. LIC. N 01 5834 NOT VALID WITHOUT. THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CHWILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 108 ���,I M/11er .._,�„M A PORTION OF w� SECTION 27, TOWNSHIP 50 S., RANGE 26 E., "`"'wi&*" V r °°' ft"Y= - U°°bm" 'TMWorkow COLLIER COUNTY FLORIDA "°""" nao scar rK ew. aoo • � � � . nm. aaFeq.aa . w zlaxr�w . Mww ..,ro,mwca�, TAOK 00M OIMMN BY: CHKED BY: CAD FX& PRDJECr ND: > ET ORANNIO NEE]( NOC Riii GCS00 TMO DJH IC -41 N6015 -SOU -001 108 OF X 1C -41 i,.— na onna no. -� ^� ... w w c -- \Untrmntu\ 1 c -41 \UHAND LELY -LELY CULTURAL PARKWAY.dwg LELY CULTURAL PARKWAI 120' R/W LELY PHASE TWO r15' U.E. PLAT BOOK 18 j C6 PAGES 43 - -4_5_ _ A8�1 TRACT D L34 0 w o_ z qem� Parcel 708 PARCEL /708 I I {POC I --15' 15.02 \-S88'08131 "W I -P08 I I I I I Iw �t- �f- I� I I I I I I � 3 I J \ C) I Q O I U 0 I J I M N Z (Y I I Lil I J I J 0 I I I � I U I I � 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L34 8.01 S88'08'31 "W L35 44.85 N0950'44" E L36 42.46 S0950'44" W CURVE TABLE CURVE I RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C6 25.00' 1 18'59'23" 8.29' 4.18 1 8.25' 1 S75- 04 -16 "E OR; 4121 PG; 0263 N E Legal Descri tion 10 9 P A portion of Tract D, Lely Resort Phase Two, as recorded in Plat Book 18, Pages 43 through 45 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the Southeast corner of said Tract D, said point also lying on the westerly right —of —way line of Collier Boulevard; Thence South 88'08'31" West, a distance of 15.02 feet along the South line of said Tract D to the POINT OF BEGINNING; thence South 88'08'31" West along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 44.85 feet to a point on the southerly right —of —way line of Lely Cultural Parkway, also being the point of curve of a non tangent curve to the right, of which the radius point lies South 05'25'54" West, a radial distance of 25.00 feet and having a chord bearing of South 75'04'16" East, a chord distance of 8.25 feet; thence easterly along said southerly right —of —way line and the arc, through a central angle of 18'59'23 ", a distance of 8.29 feet; thence leaving said line South 00'50'44" West, a distance of 42.46 feet to the POINT OF BEGINNING. Containing 351 square feet, more or less. EXHIBIT--L- Paw—L( ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 95 1) being N 00'50'44° E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13, F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. ATT, S.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL ,Ot EA "ii°LORlDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 708 A PORTION OF wiIsoMi11er SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA rwstic 000E oawm W. I at= W. I cw RM Imom, to sir DWMM GCS00 TMO DJH 1C -41 N6015 -SOU -001 7 of X I 1C -41 �• ��.+� -- +�+.�.�t I-0— IVCIA: \-- Ium \Collier blvd \CH2MHi11 \1C -41 \GRAND LELY —LELY CULTURAL PARKWAY.dwg LOT 10 UJ r�n _J Y �p � 00 zmcn oN 0 LOT 11 UJ aa_ 25' L.B.E. & D. E. PARCEL 109 LOT 12 ink' o o o o L \ 3 �. V) Parcel 109 OR: 4121 PG; 0264 .; Legal Description I The East 25.00 feet of Lot 12, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. � I I Beginning at the southeast corner of said Lot 12, said point also being the i intersection of the northerly right -of -way � I � line of Lely Cultural Parkway and the Z I westerly right- of -woy line of Collier cl� I V O I Boulevard; thence South 88'08'31" West, J I O along said northerly right -of -way line, a M 'n I distance of 25.03 feet; thence leaving said N I line North 00'50'44" East, a distance of 204.05 feet, to the northerly line of said W Lot 12; thence North 88'01'48" East, along 0 J I said northerly line, a distance of 25.03 feet O U I to a point on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right of way line, a distance of 204.10 feet to the I POINT OF BEGINNING. I Containing 5,102 square feet, more or less. I I I 25' 7 EXHIBIT__/__ S.E. I I Pam 2. Of-,,. O.R. Book 2124` Page 160 I NOTES: 1. This is not a survey. L37 LELY CULTURAL PARKWAY 120' R/W LELY RESORT _ PHASE TWO PLAT BOOK 18, -- {SAGES -x-46 - I I 10- 0 25 50 100 200 GRAPHIC SCALE 71 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N I 00'50'44" E, Florida State Plane Coordinates I NAO 83190, Eost Zone. J. Subject to easements, reservations and I restrictions of record. 4. Easements shown hereon ore per plat, I I unless otherwise noted. 5. Dimensions are in feet and decimals thereof. I I I 6. Certificate of authorization LB 43. I 7. R/W represents Right -of -Way. I 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer I I Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. I 14. D.E. represents Drainage Easement. I 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. LINE TABLE LINE LENGTH BEARING L37 25.03 S88'08'31 "W L38 25.03 N88'O1 '48" E ✓ I DAVID J. H ATT, P.S.M: (FORr:THE. FIRM) FLA. L1C. 0. 5834' NOT VALI WITHOUT s THE SIGNATURE AND THE ORIGINAL RAISED SEAL; OF, A FLORIDA LICENSED SURVEYOR AND MAPPER `' CH2MHILL 3/06 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 109�� A PORTION OF Wlls roller SECTION 22, TOWNSHIP 50 S., RANGE 26 E., ft— - - r SW-I°°•L°°'1"- COLLIER COUNTY FLORIDA MW CODE DM01 8r. 104M W. CAD � PMJ= to �r DRAWM root NM GCS00 TMO DJH 1C -41 N6015 -SOU -001 1 109 OF X IC -41 ..1� 1n Jn. \o m \cooler orva \UH2MH1II \1C -41 \LELY CULTURAL PARKWAY— LONECREEK DRIVE.dwg Parcel 709 I � I I I I I I I I I I LOT 10 I T I I � I I rn I \ Z I C) I V O I > I O I I M N I 25' & D. E. I J I .__I I I I I U LU ^ LOT 11 j I > o I I I z m N I I � a o 1�1 7' S. E. I O.R. Book 2124` UJ o a Page 160 L41 I I 25' L.B.E. I & D. E. I 25' I U-) I o �I 0 C) jL3 3� I o LOT 10 o I u"l o 01 z I i o0l I _ PARCEL _--- 18, I 709 POC - — 25.03' S88'08'31 "W I I POB I I LELY CULTURAL PARKWAY I 120' R W I LELY RESORT _ PHASE TWO I t PLAT BOOK 18, I — — PAGES- -45---:--4'6 — I I t I I I I I J 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L39 8.01 S88'08'31 "W L40 8.01 1 N88-01-48"E OR; 4121 PG; 0266 Legal Description The West 8.00 feet of the Easterly 33.00 feet of Lot 12, Edison Village, as recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Lot 12, said point also being the intersection of the northerly right —of —way line of Lely Cultural Parkway and the westerly right —of -way line of Collier Boulevard; thence South 88'08'31" West, along said northerly right of way line, a distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'08'31" West, along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 204.04 feet to the northerly line of said Lot 12; thence North 88'01'48" East, along said northerly line, a distance of 8.01 feet; thence leaving said line South 00'50'44" West, a distance of 204.05 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. EXHIBIT Peg®_ ofi_ NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right —of —Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. Y F t1 �Vt. V- I. DAVID J. H T, P,-._.M.`, (FQR ,THt" F1kM) FLA. LIC. N 5834 , NOT VALID WITHOUT " Tt jE SIGNATURE AND THE ORIGINAL RAISED SEAL IOF' Al `'FLORIDA LICENSED SURVEYOR AND MAPPER CH2M ILL 3/06 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 709 ft"zM::6rr= p A PORTION OF Nlilsom ller SECTION 22, TOWNSHIP 50 S., RANGE 26 E., ft" '80 3- COLLIER COUNTY, FLORIDA `""°"'�'°' ` smc e.M•r�. a�. sao . *P*,}� � . rna,. anr•ew.aio . w aassea«w . w18- �..�II..IOMI/..MT IM CODE oiawn sr: CF#tED IIlY: CAD FLE PIKMI Ho: SHW DRWM M IM No: qty; GCS00 TM0 DJH iC -41 N6015 —SOU -001 709 OF X 1C -41 KA— no 1— , —•— • �,ilei U1V0V r1ZM"n \ C -41 \LELY CULTURAL PARKWAY— LONECREEK DRIVE.dwg LOT 10 PARCEL 25 110 cD N N JY�a W j O n Z m V) LOT 11 O L oaa °o Z 25' L.B.E. & D. E. �L4 TI I � I, I, I I , I , LOT 12 I I I I I I I I I I ------ - - - - -- 1 0 tD N N 0 Ln 0 0 Ln LELY CULTURAL PARKWAY 120' R/W LELY RESORT PHASE TWO PLAT BOOK 18, PAGES 45 -46 I I J Parcel 110 I I I I 7' S.E. O.R. Book 2124h Page 160 I I I I I I POB I 1 I I I I I I I I �7) i I rn I Q� Z j- I U O I J U-) M N Q Lit J J O U i 0 25 50 100 200 GRAPHIC SCALE I � I I I I I I I I I LINE TABLE LINE LENGTH BEARING L41 25.03 S88'01 '48" W L42 25.03 N88.01'48 "E OR: 4121 PG: 0266.a Legal Description The East 25.00 feet of Lot 1 1, Edison Village, as recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Lot 11, said point also lying on the westerly right -of -woy line of Collier Boulevard; thence South 88.01'48" West along the southerly line of said Lot 1 1, a distance of 25.03 feet; thence leaving said line North 00'50'44" East, a distance of 226.01 feet to the northerly line of said Lot 11; thence North 88'01'48" East, along said northerly line, a distance of 25.03 feet to the northeast corner of said Lot 11 and a point on said westerly right -of -woy line; thence South 00.50'44" West along the westerly right of way line of said Collier Boulevard, a distance of 226.01 feet to the POINT OF BEGINNING. Containing 5,650 square feet, more or less. EXHIBIT Page1I. ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement, 4. C DAVID J. HYATT, .S. M. ( THE FIRM) FLA. LIC. NO. 5 34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 110 � w A PORTION OF Wihwmiller SECTION 22, TOWNSHIP 50 S., RANGE 26 E., ""'" "• COLLIER COUNTY FLORIDA Wk"'""W, tra alooa,.yM a..too.,,,p,,,,$id.3X*W. Mon. X.40100. PY we COOL. DMW ll I OWM eri I CAD FXM wN MW NM !fir oIM m pm Noe ev; GCS00 TMO DJH 1C -41 N6015 -SOU -001 110 OF X 1C -41 r D)V0 \cH2MHt11 \1C- 41 \LELY CULTURAL PARKWAY— LON ECR EEK DRIVE.dwg LOT 10 L4 1 LENGTH PARCEL i I 8.01 S88'01 '48" W 7 _ :- N88'01'48 "E CD �I NI w o `,�° > LOT 1 1 4- O j o zm � o OF- 0 al u)I 0 z Ln o o � ¢ °01 o w o z cn 8' I L42. I I I 1 I 1 I I 1 I I I I LOT 12 I I I I I I Parcel 710 I 25' L.B.E. I & D. E. I 25' —P08 POC 25.03 S88'01 '48" W 7' S. E. I I O.R. Book 21241 1 Page 160 I 1 I I I I I I I I I ------ - - - - -� LELY CULTURAL PARKWAY 1 120' R/W LELY RESORT J I PHASE TWO s I Q cr PLAT BOOK 18, I Z of 1 PAGES 45 -46 I v o I J Ln e— I -- — — — — - - - - -- m N W I I O I I I I I I I 1 � J o 25 50 too zoo GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING 1-43 8.01 S88'01 '48" W L44 8.01 N88'01'48 "E CHBMHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 710 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA Inc OooEo rh w OR; 4121 PG; 0267 Legal Description The westerly 8.00 feet of the easterly 33.00 feet of Lot 11, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Lot 1 1 , said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48" West, along the southerly line of said Lot 11 , a distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'01'48" West, along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 226.01 feet to the northerly line of said Lot 1 1; thence North 88'01'48" East, along said northerly line, a distance of 8.01 feet; thence leaving said line South 0950'44" West, a distance of 226.01 feet to the POINT OF BEGINNING. Containing 1,808 square feet, more or less. EXHIBIT-L. Page -!L- S of i_ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44 " E, Florida State Plane Coordinates NAD 83190, East Zone, J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. A, % i DAVID J. H ATT, S. M. (FOR THE FIRM) FLA. LIC. 0. 5834 , NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller a�0.w.�t ww 100 .,op,,, norm Jg06W7. Tm. an.+vaoa . F.r z1a1a -erw . lwn� ..a.rn.w:mn sre cFN� I or. I coo FNFe PIq W Noe MEET oWI M Moot Noe GCS00 TMO DJH t 1C -41 I N6015 -SOU -001 1 710 OF X I 1C -41 iuo - Nt-ln: \DUK\co11ier blvd \CH2MHi11 \1C- 41\1ELY CULTURAL PARKWAY— LON ECREEK DRIVE.dwg V) 0 fl) I W0= 20 amw �g< w a Na ----- - - - - -- LONE CREEK DRIVE 50' R/W - - -- TRACT H L4 ------ - - - - -t LENGTH BEARING L45 25.03 S88'01 '48"W I 4� 32.02 it L47 10.00 S89'09' 16" E LOT 10 E 15.02 N88'01'48 "E 00 15' --r > 0 00 w I 25' L.B.E. —�1 V) g 00 UJ CL & D. E. L417 7-o � PARCEL 111 LOT 11 LOT 12 100,44 14 I I I I I I I I I I I I 1 I I I 1 I I I I I 1 I I I I I � Parcel 111 OR; 4121 PG; 0268 Legal Description A portion of Lot 10, Edison Village, as 1 recorded in Plat Book 43, pages 76 through 77 of the Public Records of I Collier County, Florida, being more particularly described as follows. n N N 3 � � I o LO 0 0 F I I I I 25' 7' S.E. O.R. Book 2124 Page 160 I I I I I Lr I I rn I I I � U � I z � I �. Of I U O 1 I m Ln N c LLJ J 1 J O I I U, 0 25 50 100 200 GRAPHIC SCALE Rev 1) Revised bearing direction CH2MHILL 3/06 LINE TABLE LINE LENGTH BEARING L45 25.03 S88'01 '48"W L46 32.02 N00'50'44" E L47 10.00 S89'09' 16" E L48 15.02 N88'01'48 "E 03/06 Beginning at the northeast corner of said Lot 10 said point also being the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along the westerly right of way of Collier Boulevard, a distance of 225.31 feet to the southeast corner of said Lot 10; thence South 88'01'48" West along the south line of said Lot 10, a distance of 25.03 feet; thence leaving said south line North 00'50'44" East, a distance of 32.02 feet; thence South 89'09'16" East, a distance of 10.00 feet; thence North 00'50'44" East, a distance of 193.78 feet to the northerly line of said Lot 10; thence North 88'01'48" East along said northerly line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 3,698 square feet, more or less. IEXHIW T__�. Payoh, ofd NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.D.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E.. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainoge Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HY T, M.' (FOfs'; THE FIRM) FLA. LIC. N . 5834; ' NOT VALID WITHOUT THE.. SIGNATURE AND THE ORIGINAL RAISED SEAL: �,OF:'A'FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 111 WilsQ�ilVliller A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., &`^'Y°' • ^' n COLLIER COUNTY, FLORIDA "�°°""' " 7100 e+�r.� a+.mo7 VM 000E; Ir aro M0 �a�or,�r NO: sN� oiawira M� M NM �►s GCS00 TMO DJH 1C -41 N6015 -SOU -001 I 111 OF X 1C -41 , c UQ — i4:Ll:4y 0Jt3URNEIX: \SUR \co11ier b1vd \CH2MHi11 \SK & D \LELY CULTURAL PARKWAY— LONECREEK DRIVE.dwg N on M I wY0^ :2 O I 00 V Q 0 UJ < V) a I I I ----- - - - - -- I LONE CREEK DRIVE 50' R/W TRACT H 7 LOT 10 I 00 ° PARCEL 00 mw 711A oSQ W a a LO T 25' J J 8' L4 , I I I I I I I 11 I I I I L.B.E.- - D.E. I I I I I I I I I I I I I I I I I I I LOT 12 10, Parcel 71 1 A I I I I I I U-) I rn I I tY ia� I z i a I M N U o J Ee I _W J I J O U I I w Io I ,n lO 0 Z �- 25' POC 25.03 S88- 01'48 "W POB 7' S. E. I O.R. Book 2124! Page 160 I - i 0 25 50 100 200 GRAPHIC SCALE I I I I I I I I I OR, 4121 PG; 0269 Legal Description IuL A portion of Lot 10, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the Southeast corner of said Lot 10 said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48" West, along the southerly line of said Lot 10, a distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'01'48" West, along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 32.42 feet; thence South 89'09' 16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 32.03 feet to the POINT OF BEGINNING. Containing 258 square feet, more or less. I EXHIBIT, I Pawl]- Quiff .. LINE TABLE LINE LENGTH BEARING E49 8.01 S88701'48 "W L50 32.42 N00'50'44" E L51 8.00 S89-09'1 6" E L52 32.03 S00'50'44 "W CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 711A A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA„ MW CWL. o 0" e1r. CM0 W. aw "m PIIaIE!<.? NO: GCS00 TMO DJH 1C -41 N6015 -SOU -001 NOTES: 1. This is not a survey, 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P,L,E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. H T, P: M , (FOR; THE FIRM) FLA. LIC. N 583 ' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A; FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. wila*M111er PYrm,.. so" • CcrboMM . a.w,rr.. mow* *d0$0a . nwgwW1. C.nA.ft wb«Adivr, b>c. k% ✓:h sW . MM" PMM 3"'W . Ila,, 29.6*40 .1q z xsew . Wb9...R..arm4..am ��711A OF X 1C -41 pEy; Mar 13, 2006 - 13:58:58 T0SB0RNEIX: \SUR \co11ier blvd \CH2MHi11 \1C- 41 \LELY CULTURAL PARKWAY- LONECREEK DRIVE.dwg U) 0 r-) I LJ 0 :2o amw og< w Fn IL ------ - - - -�- I LONE CREEK DRIVE 50' R/W - - - - - -- TRACT H L54 & D. E. �i rn I 15.02 S88'01'48 "W — POC POB �I- aal l r` aM11 ^I 3 �I OI (/7I r ---15' I I I LOT 11 I I I I I I I I I I 25' L.B.E. -- j & D. E. I i I I I I I I I I I � LOT 12 lial Parcel 711B OR; 4121 PG; 0270 4 Legal Description A portion of Lot 10, Edison Village, as recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. 7' S. E. O.R. Book 2124E w Page 160 I 0 I I O 0 I � I a) I I I I v� I Q cr_ z I a- � U O I M CN I � � I W I J J O I I U I o 25 50 100 200 GRAPHIC SCALE LINE TABLE LOT 10 LENGTH a .J `L cD 5; 0 t\ O O Z O zmV) — O w Ln F 0 8'— F5 a a PARCEL 7118 J I 15.02 S88'01'48 "W — POC POB �I- aal l r` aM11 ^I 3 �I OI (/7I r ---15' I I I LOT 11 I I I I I I I I I I 25' L.B.E. -- j & D. E. I i I I I I I I I I I � LOT 12 lial Parcel 711B OR; 4121 PG; 0270 4 Legal Description A portion of Lot 10, Edison Village, as recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. 7' S. E. O.R. Book 2124E w Page 160 I 0 I I O 0 I � I a) I I I I v� I Q cr_ z I a- � U O I M CN I � � I W I J J O I I U I o 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L53 8.00 N89'09'1 6" W L54 8.01 N88'01'48 "E Rev 1) Revised bearing direction 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 711B A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA = CODE: Ma Commencing at the northeast corner of said Lot 10 said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48" West along the north line of said Lot 10, a distance of 15.02 feet to the POINT OF BEGINNING; thence leaving said line South 0950'44" West, a distance of 193.78 feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 193.39 feet to the northerly line of said Lot 10; thence North 88'01'48" East along said northerly line, o distance of 8.01 feet to the POINT OF BEGINNING. Containing 1,548 square feet, more or less. EXHiBIT_�. Pam 12 -.-. ofd. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. D.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E.-represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. c r, DAVID J. Hy T, P. :'IN (FQR,! ;1HE FIRM) FLA. LIC. N 1 . 5834 NOT VALID WiTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL' -.QF' ,A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil,*Mlller n arm" fk - eron.,r.. 6 ' 9,,1 . • 1. WW,*. *W"N * . iF.npo;G,Nn C.W.' ""Amer, k1c. er. — — Cw � 7N601No: "M GCS00 TMO DJH iC -41 5 -SOU -001 711B Of X 1C -41 Mar 13, 2006 — 13:49:42 TOSBORNEIX: \SUR \collier blvd \CH2MHiH \1C- 41 \LELY CULTURAL PARKWAY— LON ECR EEK DRIVE.dwg V) 00 rn7 I wpm M0 Of mw w�a ---- - - - - -- �- LONE CREEK D TRACT Al 50' R/W Parcel 112 OR: 4121 PG; 0271 Legal Description The East 15.00 feet of Tract H, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. TRACT H 15' I I 10' L5 _P.u.E ____ -- I POB PARCEL I 112 UJ I I I I I I I I ILOT 10 I I I JY�p I I > 0 25' L.B.E. tom - z m cn & D.E. I I o�Q i I UJao_ I � � I J I C] I Z Q I I m N I U O LOT 11 I 2 5' L.B.E.- & D.E. O I I I U I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I LOT 12 I I I I I I I I I I I I I I I I I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L55 15.02 S88'01'48 "W L56 25.01 N00'50'44" E L57 15.02 N88'01'00 "E L58 25.01 S00'50'44 "W Rev 1) Revised bearing in description 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 112 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA 0K 000E 0�1 W. OM Or I CAC RLF- GCSOO TMO I DJH 1C -41 Beginning at the southeast corner of said Tract H, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 8601'48" West along the south line of said Tract H, a distance of 15.02 feet; thence leaving said south line, North 00'50'44" East, a distance of 25.01 feet to a point lying on the southerly right -of -way line of Lone Creek Drive; thence North 88'01'00" East along said southerly right -of -woy line, a distance of 15.02 feet to the westerly right -of -way line of Collier Boulevard; thence South 0950'44" West along said westerly right-of-way line, a distance of 25.01 feet to the POINT OF BEGINNING. Containing 375 square feet, more or less. EXHIBIT A Paw—L2— ofd„ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. f 6 DAVID J. H TT, M. (FOR. - THE FIRM) FLA. LIC. 58.4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL, , OF A FLORIDA LICENSED SURVEYOR AND MAPPER , ; This is NOT a Survey. WIsomiller r,.,.r, . ftho ,, . �, . &'�Yar. • L-dll p. A111, * . lmpd,,,, cow ho. �s•+•,.�. a••�. N,�. � mow. �. . � Z.-. �- �....�.�..� Jocr noo I n owrwIII1411 P= "M N6015 -SOU -001 1 112 OF X I 1C -41 T•� .�� 1w0vmvLlA:\aUK\co11ier b1vd \CH2MHi11 \SK & D \LELY CULTURAL PARKWAY— LON ECREEK DRIVE.dwg V) 0 to LLJ M00 ! amw wQ- ---------- 1- 1 LONE CREEK DRIVE 50' R/W i TRACT A L61 " TRACT H; V - L101 -P LL•E,- - - -- -7 PARCEL 712 I I I LOT 10 I g�� I 0 ^ 25' L.B.E. --I Z m N & D. E. V) Cw7 ui a a I I I I I I I I LOT 11 I I 25' L.B.E. -�I & D. E. I I I I i I I I LOT 12 J I� I W v- O U-) b O Z -15' 15.02' '--S 88.01 ' 48" W POB rn I tY U � J Ln C0 N Of L.I J J O U 0 25 50 100 200 GRAPHIC SCALE Parcel 712 I I I I I I I I I I I i I I I I I I I I I I I I I I I I I Z I U I I I I I I I I I I LINE TABLE LINE LENGTH BEARING L59 8.01 S88'01'48 "W L60 25.01 N00'50'44 "E L61 8.01 N88'01'00 "E L62 1 25.01 1 S00'50'44 "W Rev 1) Revised bearing in description 03/06 CH2MHILL 3/06 OR: 4121 PG: 0272 I U Legal Description The westerly 8.00 feet of the easterly 23.00 feet of Tract H, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Tract H, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48" West, along the south line of said Tract H, a distance of 15.02 feet to the POINT OF BEGINNING; thence continue South 88'01'48" West along said south line, a distance of 8.01 feet; thence leaving said line, North 00'50'44" East, a distance of 25.01 feet to the southerly right -of -way line of Tract A, Lone Creek Drive; thence North 88.01'00" East along said southerly right of way line, a distance of 8.01 feet; thence South 00'50'44" West, a distance of 25.01 feet to the POINT OF BEGINNING. Containing 200 square feet, more or less. EXHIBIT /A Pago2-0- ofd NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00.50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. H TT, .M. (FOR THE FiRM) FLA. LIC. 5834, NOT VALiD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF,,. A, .FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 712.E A PORTION OF W/lsom ller SECTION 22, TOWNSHIP 50 S., RANGE 26 E., " M" COLLIER COUNTY FLORIDA � � •., .,,�. xr as 1cro. w X..X"M. �...� 6� _ TIM COME o� W. a+�coM alts CAD FLID lNeoJQ.'T NO: sN�T MR11MtlNq MMOC NO: GCS00 TMO DJH I 1C -41 N6015 -SOU -001 1 712 OF X 1C -41 Mar 09, 2006 - 13:08:39 TOSBORNEIX: \SUR \collier b1vd \CH2MHi11 \1C- 41 \LELY CULTURAL PARKWAY- LON EC REEK DRIVE.dwg ( 0 M i I I I I I I LENGTH 0 I 25' L.B.E.- - 15.02 S88'01'00 "W UJ & D. E. M N00'50'44" E L65 XF--w c� I L66 fig¢ I �Lj N ° PARCEL 113 10' P.U.E. - - - - -- ---- - - - --1 6 LONE CREEK DRIVE TRACT A SO' R%W - - - - -� - - - -- TRACT H 10' I - - - - -- P.U.E.--- - - - --I w w I to J Y >o`^° Iz zo m Ln LOT 10 , I oga Parcel 113 OR: 4121 PG; 0273 Legal Description The East 15.00 feet of Tract A, Lone Creek Drive, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, I Florida, being more particularly described as follows. Tract L 5 ME; I I I 4 � I J I Q ,, � I � I U O J O I G N I � I I J I J � I I I I I I I I I I I J 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L63 15.02 S88'01'00 "W L64 50.06 N00'50'44" E L65 15.02 N88.01 '00" E L66 50.06 1 S00.50'44 "W Rev 1) Revised bearing in description & R/W width CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL, A PORTION OF SECTION 27, TOWNSHIP 50 S., COLLIER COUNTY FLORIDA TASK 000E I DIMVN ft I CN® 01f! CAD I 03/06 Beginning at the southeast corner of said Tract A, Lone Creek Drive said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Lone Creek Drive; thence South 8601'00" West along the southerly right of way line of said Tract A, Lone Creek Drive, a distance of 15.02 feet; thence North 00'50'44" East, a distance of 50.06 feet to the northerly right -of -way line of Tract A, Lone Creek Drive; thence North 88'01'00' East along said northerly right -of -way line, a distance of 15.02 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said line, a distance of 50.06 feet to the POINT OF BEGINNING. Containing 751 square feet, more or less. EXHIBIT', Page_ of '-� NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof, 6. Certificate of outhorization LB 43. 7. R/W represents Right -of -Way. 8. P,O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. r 'r �.�1"; DAVID J. IAT M.'; .(FOR •THE FIRM) FLA. LIC. 834' NOT VALID WITHOUT THE S,1qNAT,0RE AND THE ORIGINAL RAISED SEAL OF A' FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. 113 W11W. Miller w p RANGE 26 E., ' &"#Ym - Lwd$Wv kd&-* - Trft. uaowwrw. ar.sw.,wp►„ Haar arc�+w�. nwn. mwwaa . rw tar -xraw . ewe- a....r,..M.o.,� GCS00 TMO DJH IC-41 MOOT NO: 1aw DIIAMM 0 N6015 -SOU -001 1 113 OF X I IC -41 Mar 30, 2006 — 10:36:24 T0S60RNEIX: \SUR \co11ier b1vd \CH2MHi11 \1C -41 \Lone Creek Dr — Rattlesnake Hammock.dwg V) 0) OM'- I I I QYI o I I w :2 m I w 25' L.B.E. ---2 w n & D. E. 0 I I� `n PARCEL + U-1 713 g v ^ r10' P.U.E. ----- +---- - - - - -- -L LONE CREEK DRIVE ,� a TRACT A+ 50' R W J J -- - - - -� TRACT H LENGTH 10' L67 P.U.�.--- - -- ---- - - - Legal Description I w I I The westerly 8,00 feet of I I� 23.00 feet of Lone Creek 10 U-1 LO g v ^ LOT 10 °o > p Z O ^ I I zomN ._ . w Parcel 713 OR: 4121 PG; 0274 LENGTH BEARING L67 8.01 S88'O1'00 "W L68 Legal Description NOO'50'44" E I The westerly 8,00 feet of the easterly 23.00 feet of Lone Creek Drive, Tract A, Sierra Meadows, as recorded in Plot Book I 39, pages 11 through 13 of the Public I Records of Collier County, Florida, being more particularly described as follows. Tract L 8 ,15' -POC 15.02' — S88'01'48"W -P0B 0 25 50 100 200 GRAPHIC SCALE Rev 1) Revised bearing distance CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL A PORTION OF SECTION 27, TOWNSHIP 50 S, COLLIER COUNTY, FLORIDA mom — I I I I n I Y' J � I af IJ D N I C I J I J J I Q ck� Z I Qo U O 1 LINE TABLE LINE LENGTH BEARING L67 8.01 S88'O1'00 "W L68 50.06 NOO'50'44" E L69 8.01 N88'01'00 "E L70 50.06 S00'50'44 "W in description & R/W width 03/06 Commencing at the southeast corner of said Lone Creek Drive, Tract A, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -woy line of Lone Creek Drive; thence South 88701'48" West along said southerly right -of -way line, a distance of 15.02 feet to the POINT OF BEGINNING; thence continuing South 88'01'00" West, along said southerly right -of -woy line, a distance of 8.01 feet; thence North 00'50'44" East, a distance of 50.06 feet to the northerly right -of -way line of said Lone Creek Drive, Tract A; thence North 88'01'00° East, along said northerly right of way line, a distance of 8.01 feet; thence South 00'50'44" West, a distance of 50.06 feet to the POINT OF BEGINNING. Containing 400 square feet, more or less. EXHIBIT, Pawl_ ofd NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. C„ DAVID J. HY ' T, FLA. LIC. N 58, fi (FOR TF{F FIRM) NOT VALID ITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEA .'OF A. f ORIDA LICENSED SURVEYOR AND MAPPER I °" This is NOT a Survey. 713 Wilsomiller M: , RANGE26 E., """".10„W,• -anvYM•Lffdlc",r�.•rr,W«at , w�e«>fra, �. cooE. owwn11 W. I CHM sr: I CAD fxF: GCS00 TMO DJH I IC -41 �cr owl am NO: N6015 -SOU -001 1 713 Of X I 1C -41 Mor 10, 2006 — 13:30:02 T0SB0RNEIX: \SUR \ coil ier blvd \CH2MHill \1C -41 \Lone Creek Dr — Rattlesnake Hommock,dwg --- P.U.E.---- - - - - -- � I I L153 SEQUOIA DRIVE g ^ LOT 10 I I d- 1 0 to N87'48'19 "E -----------------r- O I I I IO I I I J LOT 6 I I I ' ' ' CL I I I I i I I ' ' ' ' ' 0 I ' L1 41 U) 3 0) I I I I o'� •- 0 25 50 ° Y I '- 25' L.B.E.- - GRAPHIC SCALE o gym^ & D. E. ' N Li � C, Waa N LOT 7r ro d r p PARCEL ,o Z v,D 714 T10' P.U.E. I ' - - - - - - - - - - - - - -� LONE CREEK DRIVE L153 50' R/W 1n, --- P.U.E.---- - - - - -- � BEARING L153 w I g ^ LOT 10 I I d- 1 0 to N87'48'19 "E Y I >Oc�a O IO zM0 0 I z LIJ CL 0 w i I 0 25 50 100 200 GRAPHIC SCALE Parcel 714 OR; 4121 PG; 0275 Legal Description The easterly 11.00 feet Lot 7, Sierra I Meadows, as recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. I I I Beginning at the southeast corner of said I Lot 7, said point also being on the northerly right -of -way line of Lone Creek Drive; thence South 88'01'00" West along I said northerly right -of -way line, a distance of 11.01 feet; thence leaving said line North 00'50'44" East, a distance of I 275.25 feet to the northerly line of said I Lot 7; thence North 87'48'19" East along said line, a distance of 11.01 feet to the I I northeast corner said Lot 7; thence South I I 00'50'44° West along the east line of said Lot 7, a distance of 275.29 feet to the TRACT L I POINT OF BEGINNING. I Containing 3,026 square feet, more or I less. -11' I I EXHIBIT Page ofd L rn I I I I I NOTES: 1. This is not a survey. �\ < _J I (if z 2. Basis of bearing is the West line of q I County Road 951 (C.R. 951) being N mLn I U o I 00'50'44" E, Florida State Plane Coordinates N I NAD 83190, East Zone. LLI 'OB -D Subject to easements, reservations and J I restrictions of record. O U I 4. Easements shown hereon ore per plat, I I I unless otherwise noted. /J I 5. Dimensions ore in feet and decimals I thereof. I I 6. Certificate of authorization LB 43. I 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen I 10. O.R. represents Official Records. I 11. L.B.E. represents Landscape Buffer I Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light I Easement. I 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. LINE TABLE LINE LENGTH BEARING L153 11.01 S88'01'00 "W L154 11.01 N87'48'19 "E DAVID J. ATT .S:M. (FOR THE FIRM) FLA. LIC. 0. 5834 ` NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CHUHILL 4/06 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 714 , SECTION 0 TOWNSHIP 50 S. Wils�iM�!!er SECT , RANGE 26 E., ft" 'a0l— • ,"•a.»,—•L--*.1A1WC..n.,�I1nr , COLLIER COUNTY, FLORIDA wk""W, VW coor- 161114H er: I ova er: I DID MO MeoMI air DOOM— N= M aEV; GCS00 TMO DJH 1C -41 N6015 -SOU -001 714 OF X IC-41 ­- — ­.Ju:ut 1UDGUItNt1x: \SUH \co1lier blvd \CH2MHill \iC -41 \Lone Creek Dr — Rattlesnake Hommock.dwg SEQUOIA DRIVE L1 ---------- 25'Z:�� & D. E. �r 0 I nT R im Parcel 1 15 0 Ln I --15' PARCELKL15� 115 I � I II I I r TRACT L I �• I I I ' , I ' I I I I ' I , I I IV) I O I Q � I t� 0 i I O aw IwLj u� Ln I 1 I I I LOT 7 U 3 I i Q af z Q I I J L I U 0 I CO N O 10' P.U.E. w I- J LONE CREEK DRIVE I 50' RAW - - - - -- I -- --- - - - - -- I I L1 U' LINE LENGTH --- P.U.E.---- - - - - --- w N89'09'16 "W L156 I g ^ LOT 10 to FYI 5010 I o I o l0 zm� z V) U I I w I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L155 15.00 N89'09'16 "W L156 15.02 N87'48'19 "E OR. 4121 PG; 0276 Legal Description 0 The easterly 15.00 feet of Lot 6, Sierra Meadows, as recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of said Lot 6, said point also being the intersection of the westerly right —of —way line of Collier Boulevard and the southerly right —of —way line of Sequoia Drive; thence South 00'50'44" West along said westerly right —of —way line, a distance of 114.62 feet to the north line of Tract L, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida; thence North 89.09' 16" West along said north line and its westerly projection, a distance of 15.00 feet; thence North 00'50'44" East, a distance of 113.82 feet to the southerly right —of —woy line of said Sequoia Drive; thence North 87'48'19" East along said southerly right —of —woy line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 1,713 square feet, more or less. EXHIBIT page ?-`I ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. t,)WATT, %/P.S.M. (FO,RI THE,'' FiRM) FLA. LIC. ✓ 0. 5834 NOT VALID WiTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A! `FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 4/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 115 A PORTION OF Wil Mi11er ,•,,,,,,-�,�� SECTION 27, TOWNSHIP 50 S., RANGE 26 E., """"•8*� - a^^°••, „•TM, „� , COLLIER COUNTY, FLORIDA "1°°" " =�h,.,. � .,r„� � . �. SIMNr0111. iq, zw•alsaw . w.da...��mrrm� um 00M I CAD FLL 111"FA ,I Noe aNEEr oRl1I0 NO: GCS00 TMO DJH 1C -41 N6015 —SOU -001 1 115 OF X I IC -41 wv� - IJ.JV;VL ivZ)eUrcrvtlx: \�)uH \collier b1vd \CH2MHil1 \1C -41 \Lone Creek Or — Rattlesnake Hammock.dwg Parcel 715 I I ------------- - 1 SEQUOIA DRIVE L158 LINE 25' L.B.E. & D.E. - - - - -- - - -- g�- - - - - - - - - - � Iw S87'48-1 9"W_ 3 _l 5- I I UJ � � I I d ILn S89.09' 16" E Io^ OC >O 0' I o o o o^ N I LOT 6 zmt„ I L159 I I z V) 6 E3 a a 3F I PARCEL p I I I 715 ``' 1 1 = I - iLt 7 3�r1 I O'�� �m`- UJ LAJ CL I Ln I LOT 7 I i I I I I I ((''10' P.U.E. - L--------- - - - -!- 1 LONE CREEK DRIVE 1 50' R/W 4- I X-POB i I TRACT L � I I I ' I I I I 0) I I i I U � Z� CO Q i N I U o I I I w J I 0 I I U I GRAPHIC SCALE LINE TABLE LINE LENGTH - --PIU.E.- - - - - - - - - - � Iw S87'48-1 9"W_ L158 I UJ LOT 10 I I d ILn S89.09' 16" E OC >O o o o^ I t zmt„ I z V) I E3 a a I I ``' i I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L157 11.01 S87'48-1 9"W_ L158 8.01 N8748'19 "E L159 3.00 S89.09' 16" E OR; 4121 PG; 0277 1 I Legal Description 10L I A portion of Lot 6, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Lot 6, said point also lying on the westerly line of Tract L, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida; thence South 87'48'19" West along the southerly line of said Lot 6, a distance of 11.01 feet; thence leaving said line North 00'50'44" East, a distance of 259.35 feet to the southerly right -of -way line of Sequoia Drive; thence North 87'48'19" East along said line, a distance of 8.01 feet; thence leaving said line South 00'50'44" West, a distance of 113.82 feet; thence South 89'09'16" East, a distance of 3.00 feet to the northwesterly corner of said Tract L; thence South 00'50'44" West along the westerly line of said Tract L, a distance of 145,37 feet to the POINT OF BEGINNING. Containing 2,511 square feet, more or less. EXHIBIT NOTES: Pa9a� , of-_ I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. { D ,A r DAV1D J. H TT, S.-M; (FOR'-7-THE- FIRM) FLA. LIC. D. 5834, NOT VALID WITHOUT;7HE' SIGNATURE AND THE ORIGINAL RAISED SEAL' OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 4/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 715 Hlils�i,Miller A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., 01 i1 i• a111"I - 1-1b."AI�`I.ftp"w"'aa'""'"n COLLIER COUNTY FLORIDA , III 0K 00DO oRWN sr: a+= VP I CAI) FLID PM= NO: air D M WM Moot "M GCS00 TMO DJH IC -41 N6015 -SOU -001 715 OF X 1C -41 , cwo — ,J:JU;uc 1uJCURNtIx: \WR \co11ier blvd \CH2MHI11 \1C -41 \Lane Creek Dr — Rattlesnake Hammock.dwg 25' BERM --- & L. E. LOT 5 PARCEL 10' P.U.E. 116 - ---- - - - - -- SEQUOIA DRIVE TRACT A --- 110' 30 M P.U.E. FYI �0� m � ��0 Aga N �ij a a_ LOT 6 LOT 7 I I I - I I I I I LOT 14 I I I I -N I I I ---------- - - - -�- Parcel 1 16 I I I 25' L.B.E. & D. E. 4i 0 0 0 0 25 So too 200 GRAPHIC SCALE CH2MHILL Tract K I I 6.5' S. E. AS DESCRIBED IN O.R. BOOK 233, PAGE 1786 1 30' I -POB I I I I ^ I I L I I 0) Of I cr I z I 1 Q CID U 0 w I O I U EXHIBIT -L.. Pago.2e.- of--HD- LINE TABLE LINE LENGTH BEARING L71 30.04 N87'48' 19" E L72 76.78 S0950'44 "W L73 30.04 S87'48' 19" W L74 76.78 N00'50'44" E OR: 4121 PG: 0278^ Legal Description The East 30.00 feet of Tract A, Sequoia Drive, Sierra Meadows, as recorded in Plat Book 39, Pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract A, Sequoia Drive, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Sequoia Drive; thence South 87'48'19" West, along the south line of said Tract A, a distance of 30.04 feet; thence North 00'50'44" East, a distance of 76.78 feet to the northerly right -of -way line of said Tract A, Sequoia Drive; thence North 87'48'19" East along said northerly right of way line, a distance of 30.04 feet to the northeasterly corner of said Tract A, Sequoia Drive also being a point on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right of way line, a distance of 76.78 feet to the POINT OF BEGINNING. Containing 2,303 square feet, more or less. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement, 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HYA T, P (FOR THE FIRM) FLA. L. N 5 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A: FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 116 A PORTION OF Wilson ller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., ft --SO- - r°,0,1- army" •"^°-" •TMvprux^c.*.* COLLIER COUNTY FLORIDA ft"A' *4 roc Cam. 1aiawN an I am m W. OW FLQ PFAIMf NO: aa11NINO P1oot Not �1►r GCS00 TMO D!H 1C -41 N6015 -SOU -001 1 116 OF X 1C -41 Mar 09, 2006 — 13:48:20 T0S80RNEIX: \SUR \co11ier blvd \CH2MHi11 \1C -41 \Lone Creek Dr — Rattlesnake Hammock.dwg I -►i 25' BERM- L. E. l I LOT 5 I LOT 14 PARCEL 1 716 10' P.U.E. SEQUOIA DRIV TRACT A - - -- -110' - P.U.E. C) �QQYI I�7 O O M') Li Wg� LOT 6 LOT 7 N Parcel 716 OR: 4121 PG: 0279 LENGTH 1 25' L.B.E. I I Legal Description I The West 26.00 feet of the East 56.00 76.78 feet of Tract A, Sequoia Drive, Sierra I Meadows, as recorded in Plat Book 39, N8748 -19" E pages 11 through 13 of the Public 76.78 Records of Collier County, Florida, being Tract K i l I more particularly described as follows. Commencing at the southeast corner of 6.5' S. E. said Tract A, Sequoia Drive, said point also AS DESCRIBED I being the intersection of the westerly O.R. BOOK 233$, 1 right -of -way line of Collier Boulevard and 6' PAGE 1786 i 1 the southerly right -of -way line of Sequoia Drive; thence South 87.48'19" West, along 30' I the south line of said Tract A, Sequoia POC I Drive, a distance of 30.04 feet to the 30.04' I POINT OF BEGINNING; thence continue S8748' 19 "W I I South 8748'19" West, along said southerly 1 right -of -way line, o distance of 26.04 POB I feet; thence leaving said southerly line I North 00.50'44" East, a distance of 76.78 feet to the northerly right -of -woy line of Tract A, Sequoia Drive; thence North l 87'48'19" East, along said northerly right-of-way line, a distance of 26.04 Li feet, thence leaving said line South 0950'44" West, a distance of 76.78 feet I o I to the POINT OF BEGINNING. tn I o I Containing 1,997 square feet, more or less. z ^ l I Ln I I NOTES: I 1. This is not a survey. I 3 I J \ 2. Basis of bearing is the West line of Ct Z 1 County Road 951 (C.R. 951) being N l Q O 1 00'50'44" E, Florida State Plane Coordinates m o U p NAO 83190, East Zone. O .- 3. Subject to easements, reservations and l restrictions of record. J I J I O I 4. Easements shown hereon are per plot, I unless otherwise noted. 5. Dimensions are in feet and decimals thereof. I I 6. Certificate of outhorizotion LB 43. I 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen l 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. I 13. F.P.L.E. represents Florida Power & Light 1 Easement. l 1 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement. EXHIBIT, PSIP.22- of-I- 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L75 26.04 S8748' 19" W L76 76.78 N00'50'44" E L77 26.04 N8748 -19" E L78 76.78 S00'50'44 "W DAVID J. HY T P (FOIE 7H,.E FIRM) FLA. LIC. N.O. 583:. NOT VALID WITHOUT` THE SIGNATURE AND THE ORIGINAL RAISED SEAL' ; OF A , F( OPIDA LICENSED SURVEYOR AND MAPPER ` ' CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 716 A PORTION OF Wilsomiller SECTION 27, TOWNSHIP 50 S., RANGE 26 E. w/m-'"'*" Ard&cb. Tr *Wft nacr?W COLLIER COUNTY FLORIDA �` a oo e.rrr■ MW 000c oMMN •r: lemm V* CAD FM PIIO R'f t air oRAMMiC wont "M may; GCS00 TMO I D!H 1C -41 N6015 -SOU -001 716 Of X 1C -41 .. ­ -1- - +.w 1w0uKNL1A:\:�)uK \co1her b1vd \CH2MHi11 \1C -41 \Lone Creek Dr - Rattlesnoke Hammock.dwg OR; 4121 PG; 028 /� Parcel 117 Legal Description V A portion of Lot 4, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as I I follows. ---------------- - - - - -- --------- - - - - -J RATTLESNAKE_HAMMOCK ROAD 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 (SEE NOTE 17) -- - - - - -- TRACT G, L148 I f POB t25' L.B.E. & D. E. 124' ACCESS EASEMENT _ AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 LOT 5 25' L.E & D.[ 10' P.U.E. Ln N \ 3 X. \\ \� o '\\ - L146 SEQUOIA DRIVE TRACT A L,145 -- - - - -rt- I LOT 6 I I I 0 25 50 100 200 GRAPHIC SCALE 25' L.B.E. & D. E. I I I ri 75' I I � II _J Q I Z 12'mN Uo I I w i I J I O 63' U J I I I I T U 0 J I 6.5' S. E. AS DESCRIBED I O.R. BOOK 233 PAGE 1786 I I EXHIBIT Paw-2-26 of U2 LINE TABLE LOT 4 V) rn BEARING 0 12.00 0 Y I °O L146 '- S87'48'19 "W m _75.11 <�w LIJ V) 0 1n w d- 0 124' ACCESS EASEMENT _ AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 LOT 5 25' L.E & D.[ 10' P.U.E. Ln N \ 3 X. \\ \� o '\\ - L146 SEQUOIA DRIVE TRACT A L,145 -- - - - -rt- I LOT 6 I I I 0 25 50 100 200 GRAPHIC SCALE 25' L.B.E. & D. E. I I I ri 75' I I � II _J Q I Z 12'mN Uo I I w i I J I O 63' U J I I I I T U 0 J I 6.5' S. E. AS DESCRIBED I O.R. BOOK 233 PAGE 1786 I I EXHIBIT Paw-2-26 of U2 LINE TABLE LINE LENGTH BEARING L145 12.00 N89'09'1 6"W L146 63.09 S87'48'19 "W L148 _75.11 N87'48' 19" E Rev 2) Revised per design changes 06/06 Rev 1) Revised distance in description & R/W width CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 117 A PORTION OF SECTION 27, TOWNSHIP 50 COLLIER COUNTY, FLORIDA 11= coo Oltllwli KFf: MKtED 8Y: GCS00 I TMO D!H S., RANGE 26 E., CAD FKM 1C -41 03/06 Beginning at the northeast corner of said Lot 4, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44' West along said westerly right -of -way line, a distance of 259.50 feet to the northeasterly corner of Tract K, Sierra Meadows, as recorded in Plat Book 39, pages 11-13 of the Public Records of Collier County, Florida; thence North 89'09'16" West along the northerly line of said Tract 'K, a distance of 12.00 feet to the northwesterly corner of said Tract K; thence South 00'50'44" West, along the westerly line of said Tract K, a distance of 288.90 feet to the southwesterly corner of said Tract K, said point lying on the northerly right -of -way line of Tract A, Sequoia Drive; thence South 87'48'19" West along said northerly right -of -way line, a distance of 63.09 feet to the southeast corner of Lot 5; thence North 00'50'44" East, along the easterly line of said Lot 5 and its northerly projection a distance of 547.76 feet to the north line of said Lot 4; thence North 87'48'19" East along said north line, a distance of 75.11 feet to the POINT OF BEGINNING. Containing 0.8636 acres, more or less. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.D.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. The description of the sign easement in O.R. Book 3070, page 1475 potentially creates on overlap of 0.01' with the parcel described hereon, depending on interpretation. DAVID J. HYA P. S (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WilsQ roller rl.n.n . &4*— • E "01 • an.,,.. • t..W" *d*aca . 7rwAWk§M CWV,",a WbaWhr,, Mc. wooer rr . a�. ruo • q q,n qap, 3ffX' w7 • nnw map • w m►asrsar . Nrbef. wnRrlamMou PIRMI NM SFKEf -1-mom K1 nmr 110¢ N6015 -SOU -001 117 W X 1C -41 Mor 09, 2006 — 15:14:36 T0S80RNEIX: \SUR \collier blvd\CH2MHill\ 1 C-4 1 \Lone Creek Dr — Rattlesnake Hommock.dwg LOT 3 I Parcel 517 OR: 4121 PG; 0281 I - - - - - -- RATTLESNAKE HAMMOCK ROAD 3'x4' SIGN EASEMENT %- O.R.BOOK 3070, P. 1475 , I i- POB - -- ---------------------------------- N87'48'19 "E_ 272 SS �25' L.B.E & D. E. 19 "W_272 -5b, PARCEL 517 r1111XION1% XIOXON LOT 4 SIERRA MEADOWS PLAT BOOK 39 PAGES 11 -13 24' ACCESS EASEMENT AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 I t LOT 5 I TRACT G! Legal Description The North 11.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northwest corner of said Lot 4, said point also lying on the southerly right -of -way line of Rattlesnake Hammock Road; thence North 87'48' 1 9" East along said southerly right -of -way line, a distance of 272.38 feet to a point on the West line of the East 75.00 feet of Lot 4; thence South 00'50'44" West along said line, a distance of 11.02 feet; thence leaving said line South 87'48'19" West, a distance of 272.38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, a distance of 11.02 feet to the POINT OF BEGINNING. Containing 2,996.18 square feet, more or less. 0 25 50 100 200 GRAPHIC SCALE CH2MHILL 6/06 UHIBIT� Peps 2 8 of W� LINE TABLE LINE LENGTH BEARING L170 11.02 S00'50'44 "W L171 11.02 N00. 50'44 "E I I ILi � 10 U-) Ib 0 Iz L rn U � J - t]7 CN N tY W J J O U t / -Tract K I Il I � z� Q O U � I I � i I I I I I I I I I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Droinage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. zan-Li DAVID J. ITT, .S.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 517 SECTION 027 O TOWNSHIP 50 S. W�Is�iM�ller , RANGE 26 E., ....&„ .,,. , ,,,•a„*,..Wn*cA. I.�.>r.. . " COLLIER COUNTY, FLORIDA °""''4" �` TASK 00130 DRAIN sr: I CHKM sr. I CAD FN.E PIRMI NO: 3FW m-*m N = ND: qEV: GCS00 TMO DJH 1C -41 N6015 -SOU -001 517 OF X 1C -41 Mar 09, 2006 — 15:14:36 T0S80RNEIX: \SUR \collier blvd \CH2MHi11 \1C -41 \Lone Creek Dr — Rattlesnake Hammock.dwg Parcel 717 OR: 4121 PG: --- - -- - -- -- -- I I RATTLESNAKE HAMMOCK ROAD POC 3'x4' SIGN EASEMENT S00'50'44 'W 11.02' O.R.BOOK 3070, P. 1475 - - - - - -- - ---- - - -- -- I --- -6- ---------------------- - - - - -- TRACT G ------- - - - - -- - - - - - -- - LOT 3 I 0282 I I i l 7 5' —" T I $'�4$ a �" W -27-2 .3B - - -1 � - � - - 1 I 1 �25' L.B.E. PARCEL 5 j I 1 & D. E. 717 i W _ I LOT 4 o rn I I I to SIERRA MEADOWS l o 3 Q PLAT BOOK 39 I Z \ I Z PAGES 11 -13 U o J 1 O CO N I I 24' ACCESS EASEMENT AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 I I r------------ -- - - - - -- I LOT 5 I 1 Legal Description The South 5.00 feet of the North 16.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northwest corner of said Lot 4, said point also lying on the southerly right -of -way line of Rattlesnake Hammock Road; thence South 00'50'44" West along the west line of said Lot 4, a distance of 11.02 feet to the POINT OF BEGINNING; thence North 87'48'19" East, a distance of 272.38 feet to a point on the West line of the East 75.00 feet of Lot 4; thence South 00'50'44" West along said line, a distance of 11.02 feet; thence leaving said line South 87'48'19" West, a distance of 272.38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, a distance of 11.02 feet to the POINT OF BEGINNING. Containing 1,361.90 square feet, more or less. EXHt61T� paw of E �' pl'�Jbql 6P%66 - 0 25 50 100 200 GRAPHIC SCALE CH2MHiLL 6/06 LINE TABLE LINE LENGTH BEARING L174 5.01 S00'50'44 "W L175 5.01 N00-50'44 "E n' W J O I I Tract K II I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44 " E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. ATT, .M. (FOR THE FIRM) FLA. LIC. N0. 58 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH DESCRIPTION OF PARCEL 717 A PORTION OF WiIsoMiller SECTION 27, TOWNSHIP 50 S., RANGE 26 E ., a'"y"•'~WW'"Aamf'* - TW^ COLLIER COUNTY, FLORIDA Wkv*wr, kn TM 000m ft co Fm oaArll!!c 1llooc No: tiflr: CCS00 TMO DJ 1C -41 N6015 -SOU -001 717 OF X 1C -41 Mar 09, 2006 — 15:14:36 T0SB0RNElX: \SUR \co11ier blvd \CH2MHil1 \1C -41 \Lone Creek Dr — Rattlesnake Hammock.dwg LI I I I ' � I I TRACT C 1 I I TRACT R -1 I I I TRACT B I I I 1--17' P.U.E. I I PARCEL 118 I I O 00 J 20'- -- I I I 20' L.E. -�- TRACT A I NAPLES LAKES SHOPPING ' CENTER PLAT BOOK 36 PAGES 98 -99 I I I I I I I I I ---------- - - - - -J - - TRACT H - - Parcel 118 OR: 4121 PG; O 3 I Legal Description I A portion of Tract A. Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. I � I I I I I I11 POB I N I 00 I I L I I IU � —1 \ It 6 o I Q � I I I U 0 I I0 m N w I I J I 0 I I I U I I I I I I RATTLESNAKE _HAMMOCK—ROAD 100' R/W TRACT G LOT 4 ----------- - - - --I SIERRA MEADOWS PLAT BOOK 39 I PAGES 11 -13 I I J 6M66r!!!!� 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L79 20.00 N89'09'1 6"W L80 47.41 N00'50'44" E L81 20.00 589'05'50 "E L82 1 47.39 S00'50'44 "W Beginning at the northeast corner of said Tract A, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West, along said westerly right- of -woy, a distance of 47.39 feet; thence leaving said line, North 89'09'16" West, a distance of 20.00 feet; thence North 00'50'44" East, a distance of 47.41 feet to the north line of said Tract A; thence South 89.05'50" East along said northerly line, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 948 square feet, more or less. EXHIBIT aac• 2.1 orb NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.D.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. DAVID J HYA P,S.M. (FOR THE FIRM) FLA. L1 NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 118 � M�l�er A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., &—y" - LawbWo **W* - Trow"Im p* COLLIER COUNTY, FLORIDA TIM 0M. oiawN W. aKED IM CAD � �eouoc,T HM sNECr DP*VM Il lolrx NO: GCS00 TMO DJH 1C -41 N6015 -SOU -001 1 118 OF X I 1C -41 —. , -1. - -'J.Utl JUaeUNNtlx: \SUH \collier blvd \CH2MHill \1C -41 \Naples Lakes Shopping Center.dwg I , I I I I TRACT C I I I � TRACT R -1 I I r1, - - - -- JJ RACT B N� I t�-17' P.U.E. I I I I PARCEL 718\ I I I 20' L.E.- - I I TRACT A I NAPLES LAKES SHOPPING CENTER PLAT .BOOK 36 PAGES 98 -99 I I I ---------- - - - - -J - - TRACT H - - I L Parcel 718 I I POB N89'05'50" W 20.00' I POC I-F-- 20' I I 0 Imo-- 0) I I I I i u.i O 1Lo to 0 U � D � J M CN N z 01 w_ J J O U I � RATTLESNAKE _HAMMOCK-ROAD 100' R/W TRACT G I LOT 4 SIERRA MEADOWS PLAT BOOK 39 I PAGES 11-13 I I X 0 25 50 100 200 GRAPHIC SCALE Q I z I U O I I I I OR; 4121 PG; 0284 Legal Description A portion of Tract A, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northeast corner of said Tract A, said point also lying on the westerly right -of -way line of Collier Boulevard; thence North 89'05'50" West along the northerly line of said Tract A, a distance of 20.00 feet to the POINT OF BEGINNING; thence leaving said line South 00'50'44" West, a distance of 47.41 feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 47.42 feet to the northerly line of said Tract A; thence South 89'05'50" East along said northerly line, a distance of 8.00 feet to the POINT OF BEGINNING. Containing 379 square feet, more of less. EXHIBIT Pawn of-a-L NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. I 3. Subject to easements, reservations and restrictions of record. I 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. LINE TABLE LINE LENGTH BEARING L83 8.00 N89-09'1 6" W L84 47.42 NOO'50'44" E L85 8.00 S89'05'50" E L86 47.41 S00'50'44" W Rev 1) Revised distance in description 03/06 CHWILL 3/06 SKETCH & DESCRIPTION OF PARCEL 718 A PORTION OF SECTION 15, TOWNSHIP 50 COLLIER COUNTY, FLORIDA V M cooE: MVM sr: oomi W. GCS00 I TMO I DJH S., RANGE 26 E., fxE: iC -41 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. DAVID J. HY T, P: (FOR_ THE F, jRM) FLA. LIC. N 5834 NOT VALID WiTHOUT THE SiGNATUREf AND THE ORIGINAL RAISED SEAL O,F ,A -; FLORIDA LICENSED SURVEYOR AND MAPPER' This is NOT a Survey. Wil*miller pkff. . SO" Ccob01 . anv"' . L.nbl, ArdA11 . iMppylal Ca ww* INk""W, kr- mao wrr rn aw A0o . M,1,A / d!b war aD� • nwr M"g,00 .,a 0= to *nT W MIl10 M - to N6015 -SOU -001 1 718 OF X I 1C -41 Mar 14, 2006 — 08:29:39 T0SB0RNEIX: \SUR \co11ier blvd \CH2MHi11 \1C -41 \Naples Lokes Shopping Center.dwg t I I I I I I TRACT C I I I TRACT R -1 I I 1 15' F. P. L. E. L9Q O.R. BOOK 2980 --.r I P. 3120 z I U I I p r�-17' P.U.E. 0 d LO L89 :rP j TRACT B `- PARCEL z' I 119 L8�1 I I I I I I I I I I TRACT A I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 I I I I I I I I ---------- - - - - -J - - TRACT H - - .t 0� °o- 0 I I I�.i � I0 l0 0 Parcel 1 19 ---- SIGN EASOMENT 25' O.R. BOOK 3151 PAGE 3212 15' I I 20' 20 I I L.E. I I I I I i � I 0 I I Of L) 3 - \ z Cr W J J O U j RATTLESNAKE HAMMOCK-ROAD 100' R/W TRACT G I LOT 4 SIERRA I MEADOWS I PLAT BOOK . 9 PAGES 1 1 -113 1 1 0 25 50 100 200 GRAPHIC SCALE Legal Descr.O : 4121 PG: 0285 A portion of Tract B, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of said Tract B, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard; thence South 0950'44" West, along said westerly right -of -woy line, a distance of 165.19 feet to the southeasterly corner of Tract B; thence North 89'05'50" West, along the southerly line of said Tract B, a distance of 20.00 feet; thence leaving said south line, North 00'50'44" East, a distance of 13.88 feet; thence South 89'09'16" East, a distance of 5.00 feet; thence North 00'50'44" East, a distance of 145.00 feet; thence North 89'09' 16" West, a distance of 10.00 feet; thence North 00'50'44" East, a distance of 18.23 feet to the southerly right -of -woy line of said Tract R -1 and the point of curve of a non tangent curve to the right, of which the radius point lies South 09'36'04" West, a radial distance of 48.00 feet and having a chord bearing of South 63'37'42" East, a chord distance of 27.70 feet; thence southeasterly along said southerly right -of -way and the arc, through a central angle of 33'32'48 ", a distance of 28.10 feet to the POINT OF BEGINNING. IContaining 2,797 square feet, more of less. I I I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N I 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. I I J. Subject to easements, reservations and I I restrictions of record. I 4. Easements shown hereon ore per plat, unless otherwise noted. I I 5. Dimensions ore in feet and decimals thereof. I I I I y I EX�B Pa I ge 3 J_ Of-11. ' LINE TABLE LINE LENGTH BEARING L87 z I U j o I J U-) CO (N I z Cr W J J O U j RATTLESNAKE HAMMOCK-ROAD 100' R/W TRACT G I LOT 4 SIERRA I MEADOWS I PLAT BOOK . 9 PAGES 1 1 -113 1 1 0 25 50 100 200 GRAPHIC SCALE Legal Descr.O : 4121 PG: 0285 A portion of Tract B, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of said Tract B, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard; thence South 0950'44" West, along said westerly right -of -woy line, a distance of 165.19 feet to the southeasterly corner of Tract B; thence North 89'05'50" West, along the southerly line of said Tract B, a distance of 20.00 feet; thence leaving said south line, North 00'50'44" East, a distance of 13.88 feet; thence South 89'09'16" East, a distance of 5.00 feet; thence North 00'50'44" East, a distance of 145.00 feet; thence North 89'09' 16" West, a distance of 10.00 feet; thence North 00'50'44" East, a distance of 18.23 feet to the southerly right -of -woy line of said Tract R -1 and the point of curve of a non tangent curve to the right, of which the radius point lies South 09'36'04" West, a radial distance of 48.00 feet and having a chord bearing of South 63'37'42" East, a chord distance of 27.70 feet; thence southeasterly along said southerly right -of -way and the arc, through a central angle of 33'32'48 ", a distance of 28.10 feet to the POINT OF BEGINNING. IContaining 2,797 square feet, more of less. I I I I NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N I 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. I I J. Subject to easements, reservations and I I restrictions of record. I 4. Easements shown hereon ore per plat, unless otherwise noted. I I 5. Dimensions ore in feet and decimals thereof. I I I I y I EX�B Pa I ge 3 J_ Of-11. ' LINE TABLE LINE LENGTH BEARING L87 20.00 N89- 5-50"W L88 13.88 N00'50'44" E L89 5.00 S89'09' 16" E L90 10.00 N89'09'16 "W L91 18.23 N00'50'44" E CURVE TABLE CURVE C7 RADIUS 48.00' DELTA 33'32'48" LENGTH 28.10' TANGENT 14.47 CHORD 1 27.70' CHORD BRG. 563'37'42" E REV 1) REVISED TO ADD F.P.L.E. 02MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL A PORTION OF SECTION 15, TOWNSHIP 50 S., COLLIER COUNTY FLORIDA 03/06 TMO/1965 119 RANGE 26 E., rwc 000= oM1wN f I a+® ft, WD Inm GCS00 TMO DJH 1C -41 6. Certificate of outhorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E, represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. 4tee' �5'1-,M D AVID J. A. (FOR,'7HE:uFIRM) FLA. LIC. NO. .5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL • OF, Al FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WiIsomiller PY,Mn . 61pMa. ,caw . al-* , .1- dKp.Ardit1k . Ti.wpwMwn OorwAW. wreor>Mier, r1a SHW INM Not N6015 -SOU -001 119 OR X 1C -41 Mar 14, 2005 - 08:29:39 T0S80RNEIX: \SUR \collier blvd\CH2MHill\ 1 C-4 1 \Naples Lakes Shopping Center.dwg I I I I I I TRACT C I I I I TRACT R -1 I - I 15' F.P.L.E. O.R. BOOK 2980 I P. 3120 w I � 0 I--17' P.U.E. ° o I `t b TRACT B ^ °z I PARCE� 719 8, L95�L94 TRACT A I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 I `n �r Parcel 719 I I SIGN EASEMENT /O.R. BOOK 31 1 PAGE 3212 I I 92 20' L.E. L93 20' POC 20.00' N89'05'50 "W �POB I I u.i L0 rn I� I z O GC J 0] � I I (V Q W J J O U ------------ - - -J1� - - TRACT H - - RATTLESNAKE HAMMOCK -ROAD 100' R TRACT G LOT 4 ---- - - - - -- SIERRA I MEADOWS I PLAT BOOK �9 PAGES 1 1 -113 I I 0 25 50 100 200 GRAPHIC SCALE REV 1) REVISED TO ADD F.P.L.E CHUHILL 3/06 I I I I I I I I I I I I I I Q� I I Z I I U O I I I I I OR, 4121 PG; 0288 Legal Description A portion of Tract B. Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Tract B, said point being on the westerly right -of -way line of Collier Boulevard; thence North 89'05'50" West, along the southerly line of said Tract B, a distance of 20.00 feet to the POINT OF BEGINNING; thence continue North 89'05'50" West, along said southerly line, a distance of 8.00 feet; thence leaving said line North 00'50'44" East, a distance of 13.87 feet; thence South 89'09' 16" East, a distance of 5.00 feet; thence North 00'50'44" East, a distance of 145.00 feet; thence South 89'09'16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 145.00 feet; thence North 89'09116" West, a distance of 5.00 feet; thence South 0950'44" West, a distance of 13.88 feet to the POINT OF BEGINNING, Containing 1,271 square feet, more of less. EXHIBIT Page_ of-La 7 I I NOTES: 1. This is not a survey. I I 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N I 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. I I 3. Subject to easements, reservations and restrictions of record. I 4. Easements shown hereon are per plat, unless otherwise noted. I 5. Dimensions ore in feet and decimals thereof. I6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Officiol Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. 03/06 TMO/1965 SKETCH & DESCRIPTION OF PARCEL 719 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA V= cm MON IM srt CAD FM GCS00 I TMO DJH 1C -41 6 U' DAVID J. HY, T, M. (FOR THE FIRM) FLA. LIC. 5 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A ' FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. iNii miller 'A—.zWto nY,►Mr.. pp,ww, . E„bpW . a.►ryer� . l.�d�ap.,VrhNCI, . 7�rrpa,.M 9W Not � aw—M no NN N6015 -SOU -001 719 OF X 1C -41 Mor 14, 2006 — 08:29:39 T0S80RNEIX: \SL1R \co11ier b1vd \CH2MHi11 \1C -41 \Nap1es Lakes Shopping Center.dwg t I I I I I I I i I I I j -*-17' I I I TRACT C P.U.E. TRACT R -1 BARCEL 120 � I I TRACT B I 20' L.E. - -- I I I I I I I I I I i I I NAPLES LAKES SHOPPING CENTER I PLAT BOOK 36 I PAGES 98 -99 I I I I I I TRACT A I I I I I I I I I I I I I I ----------- - - - --� Parcel 120 OR: 4121 PG; 0287.,t- Legal Description 0 IThe easterly 25.00 feet of Tract R -1, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. I I 3 v. �r o 0 LO oCD O t\ 0 `n 25' `POB i I I I I i I � I I w ~ —J I I Q Z I 10 I U 0 v I z af I � af J J I in I � I _W I I J J 0 I I I I I I I I I I I I t I I I I I I I I RATTLESNAKE_ HAMMOCK -ROAD 100 _ R/W I I EXHIBIT�, Page 3-_ ofaL 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE I LENGTH BEARING L98 1 38.61 N00'S0'44" E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. CS 48.00' 33'32'48" 28.10' 14.47 27.70 N63'37'42 "W C9 48.00' 43'38'09" 36.56' 19.22 35.68' N45' 19'39" E Rev 1) Revised bearing in description 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 120 A PORTION OF SECTION 15, TOWNSHIP 50 COLLIER COUNTY FLORIDA Iu 0006: DRAWN IN. cHKED 1W.. GCS00 I TMO DJH S., RANGE 26 E., Beginning at the southeast corner of said Tract R -1, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the left, of which the radius point lies South 43'08'32" West, a radial distance of 48.00 feet and having a chord bearing of North 63'37'42" West, a chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R -1 and the arc, through a central angle of 33'32'48 ", a distance of 28.10 feet; thence leaving said line North 00'50'44" East, a distance of 38.61 feet to the northerly right -of -way line of said Tract R -1 and a point of curve of a non tangent curve to the left, of which the radius point lies North 22'51'15" West, a radial distance of 48.00 feet and having a chord bearing of North 45'19'39" East, a chord distance of 35.68 feet; thence northeasterly along said northerly right- of -woy line and the arc, through a central angle of 43'38'09 ", a distance of 36.56 feet to the westerly right -of -way of said Collier Boulevard; thence South 00'50'44" West along said line, a distance of 76.00 feet to the POINT OF BEGINNIING. Containing 1,312 square feet, more of less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. C i DAVID J. HY T, (FOR -THE FIRM) FLA. LIC, N01 5834' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL, DT A; "FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller Prww,.. F,,,tw a0h . afv" ,..,.,nd W.Ald&, . >r.wwr ran GbwWrw 106"A09r,W- aazoa�wrrwaw,too.MOMftft 1 W• M.2040.0O.war-M W.NW9w.R..ow0...... a F= I PFAIMP' NO: lIIEE F X r ORIVwM I = NO: IC -41 N6015 —SOU -001 1I20 O 1C -41 Mor 14, 2006 — 08:29:39 TOSBORNEIX: \SUR \collier blvd\CH2MHill\ 1 C— 4 1 \Naples Lakes Shopping Center.dwg REV: I I I i I I I I I I I I j -17' I I I TRACT C P.U.E. _ L102 o i TRACT R- 1 �1 LIDO -��01 � I I TRACT B I I 20' L.E.- - I I I I I I I I I I I I I NAPLES LAKES SHOPPING I CENTER PLAT BOOK 36 PAGES 98 -99 I I I I I I TRACT A I I I I I I I I I I I I i ---------- - - - - -J I I I Parcel 720 PARCEL 720 25' `POC i I POB I I � I W ^ --J I Lf% I Q 0) Z I o CY I U OO I Z � I > I M N 1 cl� W_ J J O U RATTLESNAKE HAMMOCK ROAD 100' R/W M011 0 25 50 100 200 GRAPHIC SCALE OR: 4121 PG; 0288 . Legal Description A portion of Tract R -1, Noples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as I follows. I ICommencing at the northeast corner of Tract B of said Naples Lakes Shopping Center, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the left, of which the radius point lies South 43'08'32" West, a radial distance of 48.00 feet and having a chord bearing of North 63'37'42" West, a chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract I R -1 and the orc, through a central ongle of 3332'48 ", a distance of 28.10 feet to the POINT OF BEGINNING and the beginning of a curve to the left, of which the radius point lies South 09'35'54" West, a radial distance of 48.00 feet and having a chord bearing of North 84'46'47" West, a chord distance of 7.33 feet; thence westerly along said southerly right -of -way line and the arc, through a central angle of 08'45'22 ", a distance of 7.34 feet; thence North 89'09'17" West, along said right -of -way line, a distance of 29.51 feet; thence leaving said line North 44'09'16" West, a distance a' 7.33 feet; thence North 00'50'44" East, a distance of 28.82 feet to the northerly right -of -way line of said Tract R -1; thence South 89'09'17" East, along said northerly right of way line, o distance of 22.71 feet to a point of curve to the left having a radius of 48.00 feet, a central angle of 23'41'58 ", and a chord bearing of North 78'59'43" East, a chord distance of 19.71 feet; thence easterly along the northerly right -of -way line of said Tract R -1 and the orc a distance of 19.85 feet; thence South 00'50'44" West, a distance of 38.61 feet to the POINT OF BEGINNING. Containing 1,442 square feet, more or less. I I NOTES: II. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and I restrictions of record. I I 4. Easements shown hereon are per plot, unless otherwise noted. I I I I I EXH BIT--A_ Pays 39 of_LL�_ LINE TABLE LINE LENGTH BEARING L99 29.51 N89'09' 17 W L100 7.33 N44'09'16 "W L101 28.82 N00'50'44 "E L102 22.71 S89-09'1 7" E L103 38.61 S00'50'44 "W CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C8 48.00' 33'32'48" 28.10' 14.47 27.70' N63'37'42 "W C10 48.00' 08'45'22" 7.34' 3.67 7.33' N84'46'47 "W C11 48.00' 2341'58" 19.85' 10.07 19.71' N7859'43 "E :?C.i i � AJJ_J n _ _ CH2MHILL 3/06 •- _ - PC[ �'uuniy �,omment U,5/06 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.D.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Eosement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public, Utility Easement. 17. L.E. repersents Landscape Easement. DAVID J. Hy P. :' (FOR T11E FIRM) FLA. LIC. NO 5834 NOT VALID WiTHOUT THE ,SIGNATURE AND THE ORIGINAL RAISED SEAL' pF` A° FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 720 A PORTION OF A•Y k �.d MYI.YY M SECTION 15, TOWNSHIP 50 S., RANGE 26 E., """" IsiMiller - COLLIER COUNTY FLORIDA w " DW oOOE: oawlM ft I 0110ED sr: I CAD FIE pNO�oc,�r SHW DROMO Moot No: GCS00 TMO DJH 1C -41 N6015 -SOU -001 1 720 OF X 1C -41 REV: Mar 14, 2006 - 08:29:39 T0S80RNEIX: \SUR \collier blvd\CH2MHill\ 1 C- 4 1 \Naples Lakes Shopping Center.dwg i I I'llII II III II -- TRACT D I I III II 10' F. P. L. E. I O.R. BOOK 3600, +I P 1952 -1954 II II - - - - - I LINE I LENGTH I 5'� L104 25.00 I 25' CHORD BRG. S45'19139 "W I I \ � CV \ a) Ln N I N i�. 3 w TRACT C u-) . o I x-17' P.U.E. a \ t° Z I t 20' L. E. \� PARCEL 121 G� TRACT R -1 I I 4 F.P.L. E. jl rO/R/ BOOK 2980 P. 312 0 L TRACT B I I I I I I I I I I I I I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A J 0 25 50 too 200 GRAPHIC SCALE Parcel 121 I I I I I I Q II Q U O I J •� M N I QY Li J J O U 'M I LINE TABLE LINE I LENGTH I BEARING L104 25.00 S89'06'00 "E CURVE TABLE CURVE C12 RADIUS 48.00' DELTA 43'38'09" LENGTH 36.56' TANGENT 19.22 CHORD 35.68' CHORD BRG. S45'19139 "W Rev 1) CH2MHILL mevlsea Dearing direction 03/06 3/06 SKETCH & DESCRIPTION OF PAF A PORTION OF SECTION 15, TOWNSHIP 50 COLLIER COUNTY, FLORIDA TIM COO. MV0 W. CNlO1D W* GCS00 I TMO DJH Legal Description 4121 PG: 0289 The East 25.00 feet of Tract C and the South 5.00 feet of the East 25.00 feet of Tract D, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the right, of which the radius point lies North 66'29'27" West, a radial distance of 48.00 feet and having a chord beoring of South 45'19'39" West, a chord distance of 35.68 feet; thence southwesterly along the northerly right -of -way line of Tract R -1 and the arc, through a central angle of 43'38'09 ", a distance of 36.56 feet; thence leaving said line North 00'50'44" East, a distance of 256.42 feet to the northerly line of the south 5.00 feet of said Tract D; thence South 89'06'00" East along said line, a distance of 25.00 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said line, a distance of 230.94 feet to the POINT OF BEGINNING. Containing 6,174 square feet, more or less. EXHIBITg, Papa 3Aof '- NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape. Easement. C DAVID J. HY, T, P, (FOR,"'_`THEi- FiRM) FLA. LiC. N 5834 ;. NOT VALID WITHOUT THE SIGNATURE' AND THE ORIGINAL RAISED SEAL, OF;A FL.QRIDA LICENSED SURVEYOR AND MAPPER,,/ �,, t,''�,` This is NOT ' a` `Su' vey. 'EL 121 Wile miller S., RANGE 26 E., ,""•6°^~�•,•�,,.,�„•.�..r•,r.. �raoeur,w., sw.aoo • � � aaro+eo�. nw zraaaa . w so►tx+aN . hwat...�w,a„r.oam SAD FFRM PI9dEK.1 NO: SFEET DRO MO NAM NO: qEW IC -41 N6015 -SOU -001 1 121 OF X 1C -41 Mar 14, 2006 - 08:29:39 T0SB0RNEIX: \SUR \co11ier blvd \CH2MHi11 \1C -41 \Naples Lakes Shopping Center.dwg I I 'I II II I I ,,,TRACT D I III I 17' P.U.E. I II 10' F.P.L.E. j O.R. BOOK 3600, -r �P 1952 -1954 ,- 1 LI vn- I 5' 25- 8'- n to N I I w I � TRACT C Ln b 0 z 20' L.E. (PARCEL 721 TRACT R -1 /10 F.P.L.E. I �iR. BOOK 2980 - l' P. 3120 I TRACT B I I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A J L d- IK`t I I p I I r~ Parcel 721 I I I I I I I I I I � I U') Q rn I Q U p I O � I > I J LO M (N � I W_ J I J I O U I I I I P 0 C POB -I I I I I L I I I I I I I I I I I I 0 25 50 100 200 GRAPHIC SCALE I I I EXHIBIT_,,_ P� 35 `3 ofd, LINE TABLE LINE I LENGTH I BEARING L105 8.00 S89'06'00 "E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG, C12 48.00' 43'38'09" 36.56' 19.22 35.68' S45'19'39 "W C13 48.00' 10'05'30" 8.45' 4.24 8.44' --172-1 V29" W Rev 1) CH2MHILL .- -- cul nick uirectlon UJ/Ub SKETCH & DESCRIPTION OF PARCEL 721 A PORTION OF SECTION 15, TOWNSHIP 50 COLLIER COUNTY, FLORIDA CWW V= cam 01111111111M GCS00 TMO � DJH S., RANGE 26 E., CAD F&M IC-41 Legal Description : 4121 PG; 0290 The West 8.00 feet of the East 33.00 feet of Tract C and the South 5.00 feet of the West 8.00 feet of the East 33.00 feet of Tract D, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the right, of which the radius point lies North 66'29'27" West, a radial distance of 48.00 feet and having a chord bearing of South 45' 19'39" West, a chord distance of 35.68 feet; thence southwesterly along the northerly right -of -way line of said Tract R -1 and the arc, through a central angle of 43'38'09 ", a distance of 36.56 feet to the POINT OF BEGINNING; and the beginning of a curve to the right, of which the radius point lies North 22'51'16" West, a radial distance of 48.00 feet and having a chord bearing of South 72'11'29" West, 8.44 feet; thence westerly along the northerly right- of -woy line of said Tract R -1 and the arc, through a central angle of 10'05'30 ", a distance of 8.45 feet; thence leaving said line North 00'50'44" East, a distance of 259.13 feet to the northerly line of the south 5.00 feet of said Tract D; thence South 89'06'00" East along said northerly line, a distance of 8.00 feet; thence leaving said line South 00'50'44" West, a distance of 256.42 feet to the POINT OF BEGINNING. Containing 2,063 square feet, more or less. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents .a,L'(indscape,,Easement. DAVID J. H y TT, Me, (FOR ' Tye FIRM) FLA. LIC. N . 5834' NOT VALID WITHOUT THE. , S1GNATC)RE AND THE ORIGINAL RAISED SEAL'' OF- .1,k'f t' 'ORIDA LICENSED SURVEYOR AND MAPPER. This is NOT a Survey. Wilsomiller �`` ` w Pbw n • (roM.n .raw . dngn. • 6.n4c p.,lyd�l eh . hrOpwhl6n Con,,lydr wba"W. ha XW arr Nw4w . PBmr 20441010. Pay mrxreal . Mw aa. waWOrniscwn A= NO: IHMT ORA�Nq M�EX NDe N6015 -SOU -001 1 721 OF X 1C -41 Mar 14, 2006 - 08:29:39 T0SB0RNEiX: \SUR \collier blvd\CH2MHi11\ 1 C-4 1 \Naples Lakes Shopping Center.dwg I I I I I I II I III I III TRACT D I I I I 17' P.U.E. I I 20' L.E.- - I j 10' F. P.L.E. LI1 O.R. BOOK 3600, P 1952 -1954 r\ rn o PARCEL 5 122 TRACT C TRACT R -1 -- 1 - - - - -- i1O F. P.L.E. I i6�R. BOOK 2980 - P. 3120 I TRACT B I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A J Ii IL I l Li v 0 u� 10 0 1 .z 6N� 0 25 50 - 100 zoo GRAPHIC SCALE Parcel 122 OR; 4121 PG; 0291 Legal Description I A portion of Tract D of Naples Lakes Shopping I I Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. r-P0B 5.00' - N.00'50'44" E. POC I I I I I I I I n J \ L I p� I Z I � I U � I � I � 0 CO N I I f r I W J J p I I U I I Rev 1) Revised bearing direction 05/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 122 A PORTION OF SECTION 15, TOWNSHIP 50 COLLIER COUNTY FLORIDA TASK COOS: DRAWN W CM= SY: GCS00 TMO DJH S., RANGE 26 E., CAD FLF: 1C -41 Commencing at the southeast corner of Tract D of said Naples Lakes Shopping Center; said point also lying on the westerly right —of' woy line of Collier Boulevard, thence North 00'50'44" East along said line, a distance of 5.00 feet to the northerly line of the south 5.00 feet of said Tract D and the POINT OF BEGINNING; thence North 89'06'00" West along said line, a distance of 25.00 feet; thence leaving said line North 00'50'44" East, a distance of 51.06 feet; thence South 89'09'16" East, a distance of 25,00 feet to the westerly right —of —way line of said Collier Boulevard; thence South 00'50'44" West along said line, a distance of 51.09 feet to the POINT OF BEGINNING. Containing 1,277 square feet, more or less. EXHiBtT_ ... PaW of_La NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. DAVID J. H TT, M. (FOR THE FIRM) FLA. LIC. N0, 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller PY'nwn . Ep*N*r • EccluQ,b . swm— . Lmdc" ArcMMr . rrrwpa u&. aaMUh * Wdser, k1a. axne.wrrn a* no • *Pk ftf** SODS M - Ft"* M"0'00 . F. 2X'21* ,w . We -EMS wnw�Aanwa w PRD,ECF NO: SHEET ORANMHO MM ND: N6015 —SOU -001 122 OF X 1C -41 Mar 14, 2006 — 08:29:39 TOSBORNEIX: \SUR \ coil ier blvd \CH2MHill \1C- 41 \Noples Lakes Shopping Center.dwg REV: IUL Parcel 722 OR; 4121 PG: 0292 I I Legal Description I A portion of Tract D of Naples Lakes Shopping I I I Center, as recorded in Plat Book 36, pages I I I 98 through 99 of the Public Records of Collier I I County, Florida, being more particularly TRACT D I described as follows. I I 17' P.U.E. i I I 10' F. P. L. E. I I Commencing at the southeast corner of Tract O.R. BOOK 360 D of said Naples Lakes Shopping Center, said P 1952 -1954 I point also lying on the westerly right -of -way 20' L.E. line of Collier Boulevard, thence North 8' I 00'50'44" East along said westerly PARCEL �2I 25.00 1 I right -of -way line, a distance of 5.00 feet to I 722 N89'06'00 "W I the northerly line of the south 5.00 feet of 25' -� 7 5.00 said Tract D; thence North 89'06'00" West - - -C1T I- N00'50'44 "E I along said north line, a distance of 25.00 feet {5. I to the POINT OF BEGINNING; thence North POB POC I I 89'06'00" West along said north line, a distance of 8.00 feet; thence leaving said line North 00'50'44" East, a distance of 51.06 I feet; thence South 89'09'16" East, a distance j of 8.00 feet; thence South 00'50'44" West, a w I distance of 51.06 feet to the POINT OF BEGINNING. I TRACT C o Containing 409 square feet, more or less. Ln 0 I I I I I I Q I TRACT R -1 I I I Q- I ' o EXHIBIT L5' F.P.L.E.- Q I Page. Of r/6 . R. BOOK 2980 L ] I I P. 3120 -J irk M N I I TRACT B I W J NOTES: 0 1. This is not a survey. I � I � I I I 1 2. Basis of bearing is the West line of I I County Road 951 (C.R. 951) being N I 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. NAPLES LAKES I I I J. Subject to easements, reservations and SHOPPING CENTER I PLAT BOOK 36 restrictions of record. I PAGES 98 -99 I ( I I 4. Easements shown hereon are per plat, I unless otherwise I I se noted. TRACT A J 0 25 50 100 200 GRAPHIC SCALE Rev 1) Revised bearing in description CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 722 A PORTION OF SECTION 15, TOWNSHIP 50 COLLIER COUNTY, FLORIDA Vc cooe GCS00 TMO I DJH LINE TABLE LINE LENGTH BEARING 1110 8.00 N89'06'00 "W L111 51.06 N00'50'44 "E L112 8.00 S89'09'16 "E L113 51.06 S00'50'44"W 03/06 S., RANGE 26 E., CAD FLL 1C -41 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning, 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. I r; DAVID J. HY TT P S., ; . (FOR' "THE FIRM) FLA. LIC. N 5834,7 NOT VALID WITHOUT, THE 'SIGNATURE AND THE ORIGINAL RAISED SEA4 OF A F40JTIDA LICENSED SURVEYOR AND MAPPER - ,d I is 1' ` This is NOT a Survey. Wilsomiller anW/" . L&X* 0 A dWW* . Trw poft" CWA*" A= "M SHIMIll' ova em NO: N6015 -SOU -001 1 722 OF X 1C -41 Mar 14, 2006 - 08:29:39 T0S60RNEIX: \S1JR \collier blvd \CH2MHill \1C -41 \Naples Lakes Shopping Center.dwg REV: Parcel 723 FUTURE 20' L.E. -"-I DEVELOPMENT I I DE, AE, ME, I I I NAPLES LAKES COUNTRY CLUB PLAT BOOK 33 87.39' PAGES 8 -15 S89'06'00" E . �\ aA%R 'r N p4j1'V' \ \ \C`�A'l'III O 0 0�0 0 0 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L114 28.00 N89'05'48 "W L115 18.00 N00'53'25 "E am II o- I - U4 U d w - -- N8��6 -0o-- w - - -��� 4 124.65' 1 w 10' I.E. O.R. BOOK 3058, I `� PAGE 3228 I �IIUl) I I I o I TRACT D 10 I Illz 10' F. P. L. E. I O.R. BOOK 3600, -Lt I P 1952 -1954 I I I IIII II I II OR; 4121 PG; '1.3 rn U � 0 J M N I- -17' P.U.E. I Ld I II W NAPLES LAKES HOPNG HOP, PIIG CE E NTER U PAGES 98 -99 15, I I TRACT C I Legal Description A portion of Tract R -1 of Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of Tract R -1 of said Naples Lakes Shopping Center, said point also lying on the westerly right -of -way line of Collier Boulevard, thence South 00'50'44" West along said westerly right -of -way line, a distance of 84.29 feet to the southerly line of said Tract R -1 and the beginning of a non tangent curve to the left, of which the radius point lies South 28'26'45' West, a radial distance of 28.00 feet and having a chord bearing of North 75' 19'47" West, 13.33 feet; thence westerly along said southerly line of Tract R -1 for the following 3 courses and the arc, through a central angle of 27'33'03 ", a distance of 13.46 feet; thence North 89'06'00" West, a distance of 124.65 feet to the point of curve to the left having a radius of 48.00 feet, a central angle of 89'59'48 ", and a chord bearing of South 4554'06" West, a chord distance of 67.88 feet; thence southwesterly along the arc a distance of 75.40 feet; thence leaving said southerly line North 89'05'48" West, a distance of 28.00 feet to the westerly line of said Tract R -1; thence North 00'53'25" East along said westerly line of Tract R -1 for the following 2 courses, a distance of 18.00 feet to the point of curve to the right having a radius of 82.00 feet, a central angle of 89'59'47 ", and a chord bearing of 6. Certificate of authorization LB 43. North 45'54'06" East, a chord distance of 115.96 feet; thence 7• R/W represents Right -of -Way. northeasterly along the arc, a distance of 128.80 feet; thence along 8. P.O.B. represents Point of Beginning. the north line of said Tract R -1 the following 2 courses South 9• P.O.C. represents Point of Commencement. 89'06'00" East, a distance of 87.39 feet to the point of curve to the 10. O.R. represents Official Records. left having a radius of 48.00 feet, a central angle of 66'50'03 ", and a Ea L.B.E. represents Landscape Buffer Easement. chord bearing of North 57'29'06" East, a chord distance of 52.87 feet; 12. U.E. represents Utility Easement. thence northeasterly along the arc a distance of 55.99 feet to the 13. F.P.L.E. represents Florida Power & Light POINT OF BEGINNING. Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. A. E. repeesents, Access Easement. DAVID J. HYA , P. (FOR?l THEE FIRM) FLA. LiC. NO. 583.4 NOT VALID WiTHOUT;JHE SIGNATURE AND THE ORIGINAL RAISED SEAL' OF A FLORIDA LICENSED SURVEYOR AND MAPPER � , , %' This is NOT a Survey. 0293 I I 0 I I ' I I I I I I I I I I Z Q O U O I I I I I I I I I EXHIMT / . Page = ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. Containing 11,872 square feet, more or less. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C14 28.00' 27'33'03" 13.46' 6.86 13.33' N75'19'47"W C15 48.00' 66'50'03" 55.99' 31.67 52.87' N5729'06 "E C28 48.00' 89'59'48" 75.40' 48.00 67.88' S45'54'06 "W C29 82.00' 89.59'47" 128.80' 81.99 115.96' N45'54'06 "E CH2MHILL 4/06 SKETCH & DESCRIPTION OF PARCEL A PORTION OF SECTION 15, TOWNSHIP 50 S., COLLIER COUNTY, FLORIDA 723 RANGE 26 E., TASK 0000 MAMN W. I W. I OW FM GCS00 I TMO DIH 1C -41 tails miller ,irrw, . sw" dry ,w.. L.nbrp. Arddwk - Dv* wUkn Ca*#&* wbon%werlha J= NO: *=I 10ROM Nil= NM aEV: N6015 -SOU -001 723 OF X I 1C -41 Mar 14, 2006 - 08:29:39 TOSBORNEIX: \SUR \collier blvd \CH2MHi11 \iC- 41 \Nop1es Lakes Shopping Center.dwg J Parcel 725 FUTURE DEVELOPMENT DE, AE, ME, I� II I I I I I I 20' L.B.E. J I I 5 S.E. --I J I� , I i� II L.B.E. i 0 NAPLES LAKES COUNTRY CLUB PLAT BOOK 33 PAGES 8 -15 10' P.S.U. - - - C31 - - - -S-89?09t1f "E -2-20: • MIN : IMUM !=! 0- o CLUB DRIVE ( A. E. & P. S. U. E.) -N BT -{39' 16" W-2 _ -- -- - - - - -- 15' WATERLINE EASEMENT 0 25 50 100 200 GRAPHIC SCALE L.B.E. I � I C\l� E. --«-L I L� I FUTURE DEVELOPMENT I DE, AE, ME, Legal Description A portion of Tract R, Inverness Club Drive, Naples Lakes Country Club, as recorded in Plot Book 33, pages 8 through 15 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of Tract R of said Naples Lakes Country Club, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Inverness Club Drive, and the beginning of a curve to the left, of which the radius point lies North 89'09'16" West, a radial distance of 25.00 feet and having o chord bearing of North 44'07'31" West, 35.34 feet; thence northwesterly along said southerly right -of -way line for the following 3 courses and the arc, through a central angle of 89'56'30 ", a distance of 39.24 feet; thence North 89'09'16" West, a distance of 245.43 feet to a point of curve to the left having a radius of 427.00 feet, a central angle of 01'37'06 ", and a chord bearing of North 89'57'50" West, a chord distance of 12.06 feet; thence westerly along the arc a distance of 12.06 feet; thence leaving said line North 00'42'30" West, a distance of 96.00 feet to the northerly right -of -way line and a point of curve of a non tangent curve to the right, of which the radius point lies South 0945'40" East, a radial distance of 523.00 feet and having a chord bearing of South 89'57'28" East, a chord distance of 14.66 feet; thence easterly along said northerly right -of -way for the following 3 courses and the arc, through a central angle of 01'36'24 ", a distance of 14.67 feet; thence South 89'09' 16" East, a distance of 220.40 feet to a point of curve to the left having a radius of 50.00 feet, a central angle of 9900'00 ", and a chord bearing of North 45'50'44" East, a chord distance of 70.71 feet to the westerly right -of -way line of said Collier Boulevard; thence northeasterly along the arc a distance of 78.54 feet; thence South 00'50'44" West along said westerly right -of -way line, a distance of 171.00 feet to the POINT OF BEGINNING. Containing 27,912 square feet, more or less. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C16 25.00' 89'56'30" 39.24' 24.97 35.34' N44'07'31 "W C17 50.00' 90100100" 78.54' 50.00 70.71' N45'50'44 "E C30 427.00' 1'37'06" 12.06' 6.03 12.06' N89'57'50 'W C31 523.00' 1'36'24" 14.67' 7.33 14.66' S89'57'28" E Rev 3) Revised per CH2MHILL 04/06 Rev 2) Revised per County Comments 04/06 Rev 1) Revised per CH2MHILL 04/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 725 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA Im 000E OR,AM N sr: a«c>m WO I CAD FL0 GCS00 I TMO D]H I IC -41 3 0 LO b 0 In OR: 4121 PG: 0294 L7; rn U � J 00 LLJ N P0B J O I U I I I I I I I I J \ I Z I Q I U � O I I I I I I I I EXHIBIT Pawl of --Li-'2- NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E, represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. P.S.U.E. repersents Private specific use Easement 18. C.U.E. repersents County Utility Easement 18. A. E. repersents Access Easement DAVID J. HYAT, P.S. (FOR THE. FiRM) FLA. LiC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER' This is NOT a Survey. Wilsomiller ft . E0- - E'cobpw • &rmm . Lald q . *d*nb . 11r.p"bn Cwm*.* Wdeonv"r, hC moo e.Mr� s.. no . wd.. Fk i.► algb.p,. nwn. 2JO.4" . F.. YJi P0.1.p, . NYb 91...a.Mm..am uoar NON SHM I MWMlO MM NO: REV: N6015 -SOU -001 725 OF X I IC -41 Mar 14, 2006 - 08:29:39 TOSBORNEIX: \SUR \collier blvd \CH2MHill \1C -41 \Naples Lakes Shopping Cenler.dwg TRACT E TRACT H L1 TRACT A CLUB ESTATES o DRIVE o 0 100' R/W o 0 (A. E. & U.E.) Z I I _J Ln w_ `�00 Ln y I O Co m0� M J'- W =aa NX5 L TRACT E M Parcel 726 OR; 4121 PG; 0295 I Legal Description I The East 60.00 feet of Tract A, Club Estates Drive, The Club Estates, as recorded in Plat Book 31, Pages 78 -80 of the Public Records of Collier County, Florida, being more I particularly described as follows. I I Beginning of the intersection of the southerly right -of -way line of Club Estates Drive and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the I left, of which the radius point lies North 89'09'16' West, a radial distance of 50.00 feet I and having a chord bearing of North 44'09'16" I I West, a chord distance of 70.71 feet; thence I I northwesterly along the south right -of -woy line of said Club Estates Drive and the arc, I through a central angle of 9900'00 ", a distance of 78.54 feet; thence North 89'09'16" West along said southerly right-of-way line, a distance of 10.00 feet; thence leaving said line North 0950'44" East, a distance of 100.00 feet to the northerly right-of-way line of said Club Esotes Drive; thence South 89'09'16" East J I along said northerly line, a distance of 10.00 I Z I feet to the point of curve to the left having a Q radius of 50.00 feet, a central angle of U CD I 9900'00 ", and having a chord bearing of in North 45'50'44" East, a chord distance of 70.71 feet; thence northeasterly along said C I I northerly line and the arc, a distance of 78.54 u°D a u I I feet to the westerly right -of -way line of said o No Collier Boulevard; thence South 00'50'44" West oN � Cr along said westerly right -of -way line, a > I distance of 200.00 feet to the POINT OF N l BEGINNING. LLJ Containing 7,073 square feet, more or less. J I J O U I NOTES: 1. This is not a survey. I 2. Basis of bearing is the West line of I County Road 951 (C.R. 951) being N I 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. I I I J. Subject to easements, reservations and restrictions of record. i 4. Easements shown hereon ore per plot, unless otherwise noted. 0 25 50 100 200 GRAPHIC SCALE EXHIBIT p1_ of { _ LINE TABLE LINE LENGTH BEARING L119 10.00 1 N89- 09 -16 "W L120 10.00 S89'09' 16" E CURVE TABLE CURVE RADIUS DELTA LENGTH ITANGEN T CHORD CHORD BRG. C18 50.00' 90'00'00" 78.54' 1 50.00 70.71' N44'09'16 "W C19 50.00' 90'00'0(y" 78.54' 1 50.00 1 70.71' N45'50'44 "E CH2MHILL 4/06 SKETCH & DESCRIPTION OF PARCEL 726 A PORTION OF SECTION 10, TOWNSHIP 50 COLLIER COUNTY FLORIDA V= CME. oaYwN er. awoD W.. GCS00 TMO I DJH S., RANGE 26 E., CAD FLID 1C -41 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Droinoge Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents''Pub.lic Utility Easement. DAVID J. HYAT , 'P. (F,O j v THE FIRM) FLA. LIC. NO. 58 NOT VALID WITHOUT' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A,; FLORIDA LICENSED SURVEYOR AND MAPPER ' ": ' `''' This is NOT a Survey. wIsomiller Phew.. I ?OWN . Eaak,,,b . fty" r. • LwAWW Ara*cb . Trmp Im awu„r WkMA*W, Inc =Wbwbft ew xn . rW64 near aaANW . ftaa» A*4* -aro . A. x.-M'W . Nw.af....wK..n.�.oan PIeDMI to one DRWM 11M floc ; N6015 -SOU -001 1 726 OF X I 1C -41 Apr 07, 2006 - 11:39:33 TOSBORNEIX: \SUR \collier b1vd \CH2MHi11 \1C -41 \Club Estates Drive- Davis.dwg TRACT GC3 N J CO JNCo Li U Y � I_a }o^ �Of mN Wz�w V) J a_ a z TRACT RW1 TRACT C19 A m J U Co r\ J�Oa O Co Y O Zm0 a Of o_ zo w J a_ z I I 0 N U U � I ~I POC 3 N O o I O1 V) L122 POB b 00 I��:�:�`•. • Parcel 727 1 i LINE PARCEL 727 BEARING U.E. I \ OR BOOK 1988 I L122 PAGE 230 > - UNPLATTED PX01 J m CN N I Q I W J I J O U I I I 0 25 50 100 200 GRAPHIC SCALE CH2MHILL 4 I I I I I I I I I J \ I z I I U 0 I I I I I I I I I I I LINE TABLE LINE LENGTH BEARING L121 40.00 N89'09'1 6 "W L122 40.00 S89-09'1 6" E SKETCH & DESCRIPTION OF PARCEL 727 A PORTION OF SECTION 10, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA TJ~ coos OR; 4121 PG; 0296 Legal Description A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more particularly described as follows. Commencing at the southeast corner of Noples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, pages 73 -80 of the Public Records of Collier County, Florida, said point also lying on the westerly right —of —way line of Collier Boulevard; thence South 00'50'44" West along said westerly right —of —way line, a distance of 1312.77 feet to the POINT OF BEGINNING thence continue South 0950'44" West along said westerly right— of —woy line, a distance of 80.37 feet; thence leaving said line North 89'09'16" West, a distance of 40.00 feet; thence North 00'50'44" East, a distance of 80.37 feet, thence South 89'09'16" East, a distance of 40.00 feet to the POINT OF BEGINNING. Containing 3,215 square feet, more or less. EXHIBIT papa 4CZot' NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right —of —Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. H' TT, . ..M. (FOR r THE FIRM) FLA. LIC. 0. 5 34 NOT VALID WITHOUT ,THE SIGNAT6RE AND THE ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR AND MAPPER , � k `' This is NOT a Survey. WiIsomiller •t.Y.MMl.I..I.M.. W PW.w, .Gips,,, . Fo,A+Pw . ei.w,arr • I.anAnwA.d+.d, . TivwpwhYon Ca.ulw, owwM WTI I UMF" JH e,r: ac FRM �wxI NM SHW o 4mm W= two GCS0 TMO — y; —41 ma 'u— v- NqA: \avrc \comer 01Vtl \C;H2MHill \1C -41 \Club Estates Drive— Davis.dwg TRACT GC3 w J M �o =) N ,0 UJ J V Y rI �>-o°^ w Z m w wC)aa J a Z I 01 N V F- Q Cr I l'-- Parcel 728 OR: 4121 PG; 0297 0'. Legal Description A portion Section 10, Township 50 South, I Range 26 East, Collier County Florida, being 1 I more particularly described as follows. I I I I I I I I TRACT RW 1 �— TRACT C19 I POC SOO.50'44 "N L125 17.28' 1 10' F. P. L. E. POB - \ Q OR BOOK 1767 I PAGE 1417 � J I L-------- I Z PARCEL 728 rn m I I J ci I U0 3 J^ I I 0 L I U Y 00 1 J o Z 03 I m N 1 o a ¢O Z V) w a Z UNPLATTED IRmo r*,, I W I J J IO I U I I I 0 25 50 100 200 GRAPHIC SCALE CH2MHILL 4/06 SKETCH & DESCRIPTION OF PAF A PORTION OF SECTION 10, TOWNSHIP 50 COLLIER COUNTY FLORIDA V= owwlN er. * s+a GCS00 TMO DJH LINE TABLE LINE LENGTH BEARING L123 34.00 N89'09'16 "W L124 58.66 N00'50'44 "E L125 34.00 S89'09'1 6 "E L126 58.66 S00'50'44 "W Commencing at the southeast corner of Noples Heritage Golf & Country Club, Phase One, as recorded in Plot Book 26, pages 73 -80 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, a distance of 17.28 feet to the POINT OF BEGINNING thence continue South 00'50'44" West along said westerly right -of -way line, a distance of 58.66 feet; thence leaving said line North 89'09'16" West, a distance of 34.00 feet; thence North 00'50'44" East, o distance of 58.66 feet; thence South 89'09'16" East, a distance of 34.00 feet to the POINT OF BEGINNING. Containing 1,994 square feet, more or less. EXHIBFT-A. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00.50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewolk Easement. 16. P.U.E. represents Public Utility Easement. e, DAVID J. H TT, %VS.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. 'EL 728 _ ,m%,IP%� ..�..�:p.�.:..� b S., RANGE 26 E., PW-- „„^• ��W - Sk w/--L&,- ,,»w«ftc*.►ra"m-.ftcw"&. Whom ler, inc. moo awr,r,,, an. A10 .,ice„ I}rkh wa+�am . Rwv sse,►roa . Fv xamrNa . NYea..�.1K.,riM -.wm W FNM PNO�tz,T 1!-SC air oawl�a N= Nck qEy; 1C -41 N6015 U -001 1 728 OF X iC -41 Apr 06, 2006 — 08:17:20 T0S80RNEIX: \SUR \collier blvd \CH2MHill \1C -41 \Club Estates Drive— Davis.dwg J 0 25 50 100 200 GRAPHIC SCALE Parcel 729 TRACT GC6 NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 73 -80 TRACT RW2 86.10' -------------- -S$9108`5$ "f- ����v�������� NAPLES No HERITAGE DRIVE 0 TRACT R • ���♦ e: EXHIBIT paw -l-L-L of-l2- Legal Description A portion Tract R, Naples Heritage Drive, Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, Pages 73 -80 of the Public Records of Collier County Florida, being more particularly described as follows. Beginning at the southeasterly corner of said Tract R, said point also lying on the south right -of -way line of Naples Heritage Drive, and the beginning of a curve to the left, of which the radius point lies South 50'18'18" West, a radial distance of 50.00 feet and having a chord bearing of North 64'25' 13" West, a chord distance of 41.83 feet; thence northwesterly along said south right -of -way line and the arc, through a central angle of 49'27'29 ", a distance of 43.16 feet; thence North 89'08'58" West along said south right -of -way line, a distance of 98.12 feet; thence leaving said line North 00'51'02° East, a distance of 100.00 feet to the north right -of -way line of Naples Heritage Drive; thence South 89'08'58" East along said north right -of -way line, a distance of 86.10 feet to a point of curve to the left having a radius of 50.00 feet, a central angle of 90'00'18 ", and a chord bearing of North 45'50'53" East, a chord distance of 70.71 feet; thence northeasterly along said north right -of -way line and the arc a distance of 78.54 feet to its intersection with the easterly right -of -way line of Naples Heritage Drive and the west line of Tract RW2; thence South 00'50'44" West, a distance of 167.50 feet along said west line to the POINT OF BEGINNING. Containing 14,351 square feet, more or less. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C20 C21 50.00' 50.00' 49. 27'29" 90.00'18" 43.16' 78.54' 23.03 50.00 41.83' 70.71' N64'25'13 "W N45'5O'53 "E Rev 1) Revised per CH2MHILL 04/06 CHWILL 4/06 II I I I I O U U 1- Q I OR; 4121 PG; 0298 I I I I I I I I I I Ln I CY) I I U � of I J U) I Ctfm I N I z W -.I I p I U o I I I I I I I I I I � NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. C.U.E. represents County Utility Easement DAVID J. Hy T. to (FOR THE FIRM) FLA. LIC. W. 5834 NOT VALID WITHOUT THE SIGNATURE''AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 729 ,,,,,,,,;,:;=;,,,,,r " A PORTION OF Wllsom ller SECTION 10, TOWNSHIP 50 S., RANGE 26 E., """"' - UfNbWe Ard*" - TraWwUa„ ,, Ur COLLIER COUNTY FLORIDA "k°"", "- Im coos 0111141111111111411 er. owNEa er: CIAO FLC PIo= "a 1nhIOEI ow�wNO "M NO: qEV; GCS00 TMO DJH 1C -41 N6015 -SOU -001 729 OF X 1C -41 Apr 06, 2006 - 08:17:20 TOSBORNEIX: \SUR \collier b1vd \CH2MHil1 \1C -41 \Club Estates Drive - Davis.dwg Parcel 730 - - - - - -- CEDAR HAMMOCK PLAT BOOK 32 -- -PAGES 91 =108- �1I0']L.B.E I - - - -- TRACT C9 I 10' C.C.C.B.E. NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 73 -80 L13 TRACT M L1; PARCEL-'--L 730 L128 �10' C.C.C.B.E. I I TRACT C9 U I Q �I I TRACT GC6 J POC in I� Imo_ TRACT RW3 3 v l0 l0 0 I0 POB I '2 I I Lr) 0) U � O a- -J M N I � I W J I O I U I 0 25 50 100 200 GRAPHIC SCALE Z� U O O EXHIBIT A pw ofd � I I I I I I I I O 01 4 Legal Description OR: 4121 PG: 0209 A portion Tract M, Naples Heritage Golf & Country Club, Phase One, as recorded in Plot Book 26, Pages 73 -80 of the Public Records of Collier County Florida, being more particularly described as I follows. I IBeginning at the northeast corner of Tract C8, Naples Heritage Golf & Country Club, Phase One, as recorded in Plot Book 26, pages 73 -80 of the Public Records of Collier County, Florida; thence South 00'50'44" West along the west line of said Tract C8, a distance of 9.30 feet; thence leaving said line North 89'09' 1 6" West, a distance of 19.03 feet; thence North 00'50'44" East, a distance of 57.31 feet; thence South 89'09' 16" East, a distance of 19.03 feet to a point on the East line of said Tract M; thence along said east line for the following 3 courses South 00'50'44" West, a distance of 8.00 feet to the point of curve of a non tangent curve to the left, of which the radius point lies North 00'45'31" East, a radial distance of 25.00 feet and having a chord beoring of North 75'04'57" East, a chord distance of 13.51 feet; thence easterly along the arc, through a central angle of 31'20'51 ", a distance of 13.68 feet; thence South 00'50'44" West, a distance of 47.35 feet to a point on the northerly line of said Tract C8 and the point of curve of a non tangent curve to the left, of which the radius point lies South 32'16'33" West, a radial distance of 25.00 feet and having a chord bearing of North 73'24'01" West, a chord distance of 13.51 feet; thence westerly along the arc, through a central angle of 31'20'48 ", a distance of 13.68 feet to the POINT OF BEGINNING. I I Containing 1,642 square feet, more or less. I LINE TABLE LINE LENGTH BEARING L128 9.30 S00'50'44 "W L129 19.03 N89'09'1 6 "W L130 19.03 S89'09' 16" E L131 8.00 S00'50'44 "W L132 47.35 500'50'44 "W L I 34F 57.31 N00'50'44 "E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C22 25.00' 31'20'48" 13.68' 7,02 13.51' N73'24'01 "W C23 25.00' 31'20'51" 13.68' 7.02 13.51' N75'04'S7 "E CH2MHILL 4/06 SKETCH & DESCRIPTION OF PAI A PORTION OF SECTION 10, TOWNSHIP 50 COLLIER COUNTY, FLORIDA TASK OOM DPAW W. I CHKO W. GCS00 I TMO DJH NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.D.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15, S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. C.C.C.B.E. represents Collier County Conservation Buffer Easement S� DAVID J. HY T, P. . . (FOR THE FiRM) FLA. LIC. No. 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. "EL 730 WIsomiller S., RANGE 26 E., ""'�„• ..,• •arm, •Umbwo. .•rr.�,,, ... wieor>war; Ihc. 37001Yrrb.� rao . N*k MA& . Raw zllN as . F. V9404W , Mwa....M.anwroon, CAD FLO PROJECI SHEET DW MRJ0 Moot NO: qEy; 1C -41 N6015 -SOU -001 1 730 OF X 1C -41 Apr 06, 2006 - 08:17:20 TOSBORNEIX: \SUR \col lie r blvd \CH2MHill\ 1 C -41 \Club Estates Drive- DavisAwg Parcel 731 0) I I I � TRACT B -1 i J 20' L.B.E. -- m N I 10' T.C.E. I w LLJ OR BOOK 3990 -YI 1-.- -1 PAGE 2786 II J I 0 TRACT G -19 II III II CEDAR HAMMOCK I I I PLAT BOOK 32 PAGES 91 -108 I II PARCEL h ----- -� - - -- 731 �,. - - - -- 00 so' U. E. M � POB OR BOOK 2706 1 PAGES 2677 -2682 24.26' 1 N0950'44" E 10' L.B.E. TRACT GC6 POC I NAPLES HERITAGE GOLF & I I I COUNTRY CLUB PHASE ONE j PLAT BOOK 26 I PAGES 73 -80 I J 0 25 50 100 200 GRAPHIC SCALE Rev 1) Revised to add T.C.E. CH2MHILL 4/OR SKETCH & DESCRIPTION OF PAl A PORTION OF SECTION 3, TOWNSHIP 50 COLLIER COUNTY FLORIDA ,arc come c.w or. a.cm sr. GCS00 TMO DJH I I I I I I I I z� I Q � I I U O I I I I I LINE TABLE LINE LENGTH BEARING L135 40.28 N89.09'16 "W L136 45.05 N00.50'44" E L137 49.73 N54'56'09" E L138 1 74.22 1 S00.50'44 "W 04/06 OR; 4121 PG; 0300 ",. Q'i Legal Description A portion Tract G -19, Cedar Hammock, as recorded in Plat Book 32, Pages 91 -108 of the Public Records of Collier County Florida, being more particularly described as follows. Commencing at the southeast corner of Cedar Hammock, as recorded in Plat Book 32, pages 91 -108 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -way line of .Collier Boulevard; thence North 00.50'44" East along said westerly right -of -way line, o distance of 24.26 feet to the POINT OF BEGINNING; thence leaving said line North 89.09'16" West, a distance of 40.28 feet; thence North 0950'44" East, a distance of 45.05 feet; thence North 54.56'09" East, a distance of 49.73 feet to a point on the the westerly right -of -way line Collier Boulevard; thence South 00.50'44" West along said westerly right -of -way line, a distance of 74.22 feet to the POINT OF BEGINNING. Containing 2,402 square feet, more or less. EXHIBIT,, I IPawl ofd NOTES. I. This is not a survey. I 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates I NAD 83190, East Zone. I I 3. Subject to easements, reservations and stri rections of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. D.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida' Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. T.C.E. represents Temporary Construction Easement. laJ- I / m DAVID J. H ATT, . .M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. ,CEL 731 Wllsomiller S., RANGE 26 E., rwr.,. F,�r. foabpi, 91nyn.�, q,y,,,�.rrvy+a afp, aa.W.M. WMor ww,, ln- MOM*= N09 1C -41 N6015 -SOU -001 1 731 OF X 1C -41 - - -- ---i- \�uR \comer D1va \GHZMHiII \1C -41 \Club Estates Drive- Davis.dwg Parcel 732 CEDAR HAMMOCK PLAT BOOK 32 PAGES 91 -108 qR ` C! �F�gROOc ` T,Q �•M �CT ��.0 TRACT G -9 10' W.E. \ �' I I I I TRACT F -4 I I I I TRACT L -7 ` \TRACT G -10 C.321 - - TRACT L -6 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C24 50.00' 90'00'00" 78.54' 50.00 70.71' N44'09'16 "W C32 566.00' 13'47'13" 136.19' 68.41 135.87' N82'15'40 "W C33 218.00' 17'26'30" 66.36' 33.43 66.11' N66'38'48 "W C34 182.00' 24'37' 12" 78.21 ' 39.70 77.61' S77'21 '39" E C35 218.00' 10-41-09" 40.66' 20.38 40.60' S84' 19'40" E C36 474.00' 10"10"10" 84.13' 42.17 1 84.02' S84-04'1 1 " E C25 50.00' 90'00'00" 78.54' 50.00 1 70.71' N45'50'44 "E Leyul uescnpuon A portion Tract A, Cedar Hammock, as recorded in Plot Book 32, Pages 91 -108 of the Public Records of Collier County Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract A, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -woy line of Cedar Hammock Boulevard and the beginning of a curve to the left, of which the radius point lies North 89'09'16" West, a radial distance of 50.00 feet and having a chord bearing of North 44'09' 1 6" West, a chord distance of 70.71 feet; thence northwesterly along said southerly right -of -way line of said Cedar Hammock Boulevard for the following 5 courses and the arc, through a central angle of 90'00'00 a distance of 78.54 feet; thence North 89'09' 16" West, a distance of 24.48 feet to the point of curve to the right having a radius of 566.00 feet, a central angle of 13'47'13 ", and a chord bearing of North 82'15'40" West, a chord distance of 135.87 feet; thence westerly along the arc, through a distance of 136.19 feet to a point of compound curve to the right having a radius of 218.00 feet, a central angle of 17'26'30 and a chord bearing of North 66'38'48" West, a chord distance of 66.11 feet; thence northwesterly along the arc a distance of 66.36 feet; thence North 57'55'34" West, a distance of 43.53 feet; thence leaving said line North 32'04'26" East, a distance of 63.78 feet to the northerly right-of-way line of said Cedar Hammock Boulevard and to the point of curve of a non tangent curve to the left, of which the radius point lies North 24'57'03" East, a radial distance of 182.00 feet and having a chord bearing of South 77'21'39" East, a chord distance of 77,61 feet; thence easterly along said northerly right-of-way line for the following 5 sources and the arc, through o central angle of 24'37'12 ", a distance of 78.21 feet to a point of reverse curvature to the right having a radius of 218.00 feet, a central angle of 10'41'09 ", and a chord bearing of South 84'19'40" East, a chord distance of 40.60 feet; thence easterly along the arc a distance of 40.66 feet to a point of reverse curvature to the left having a radius of 474.00 feet, a central angle of 10'10'10 ", and a chord bearing of South 84'04' 1 1" East, a chord distance of 84.02 feet; thence easterly along the arc a distance of 84.13 feet; thence South 89'09' 16" East, a distance of 24.48 feet to a point of curve to the left having a radius of 50.00 feet, a central angle of 90'00'00 ", and a chord bearing of North 45'50'44" East, a chord distance of 70.71 feet; thence northeasterly along the arc a distance of 78.54 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West, a distance of 192.00 feet to the POINT OF BEGINNING. Containing 0.616 acres, more or less. CH2MHILL 4/06 SKETCH & DESCRIPTION OF PAI A PORTION OF SECTION 3, TOWNSHIP 50 COLLIER COUNTY, FLORIDA I= 000E oRAwN e* I CHKED W. GCS00 I TMO DJH OR: 4121 PG: 0301 N � I I , M ~ I U � I II I I Ln I rn ° I I J ,n Z Of I M N W I U O I O I 10 J o O I I I M I I POB I ~ I i LINE TABLE LINE LENGTH BEARING L 139 24.48 N89'09' 16" W L162 43.53 N57'55'34 "W L140 24.48 S89'09 "6 "E 0 25 50 100 200 GRAPHIC SCALE EXHIBIT NOTES: Pet _� _l 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. D.E. represents Drainage Easement. 10. L.M.E. represents Lake Maintenance Easement. 11. C.U.E. represents County Utility Easement. ' DAVID J. JYATT, PA.M. (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, .CEL 732 w %/'Miller S., RANGE 26 E., """"'.awd -,." '01- army"-,W%bC.'"*QWC,•rr.xp"wn . "Wrooff1w, ft. �w e+r.+,"X0. N** ft" %#*M - ftm x a_ « . fu mp_ra,_e . NYb-ft M.Man..am CAD FXM P11111l Na OHM DRAM 1pa lN= NO: R�r; 1C -41 N6015 -SOU -001 1 732 OF X I 1C -41 Apr 06, 2006 - 08:17:20 T0S60RNEIX: \SUR \collier blvd \CH2MHill \1C -41 \Club Estates Drive - Davis.dwg OR; 4121 PG; 0302 Parcel 533 II----------------------------------------------------------- ----------- - - - - ---° J1-'--L------------------------- RATTLESNAKE HAMMOCK ROAD 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475-1 -------- ----- --- --- -r - ---P--0--B ------------------------------------------ ------- ------------------------------------ - - - - -- TRACT G N87 48' 19" E 326.88' �___ ___ 587'48'19 'W -3 6.30' 11' �25' L.B.E. PARCEL & D. E. 533 I t- -10' P.U.E. I LOT 3 > I o 3 I SIERRA MEADOWS I PLAT BOOK 39 PAGES 11 -13 0o I }o I U I I I \`------------------- - - - - -- I - - ----- - - - - -- -J — — — — — — — — — — —I rn I I I I I � �r o cl� LOT 4 I `� m N 1 I °o C:� I W I Z I J I O I I U I I I 24' ACCESS i EASEMENT AS DESCRIBED IN I (-O.R. BOOK 2909, 1 PAGE 1531 Tract �K _ _ i iI � LOT 5 1 �� Legal Description The North 11.00 feet of Lot 3, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northwest corner of said Lot 3, said point also lying on the southerly right- of -woy line of Rattlesnake Hammock Rood; thence North 87'48' 19" East along said southerly right -of -way line, o distance of 326.88 feet to the east line of said Lot 3; thence South 00'50'44" West along said line, a distance of 11.02 feet; thence leaving said line South 87'48' 19" West, a distance of 326.30 feet to the westerly line of said Lot 3; thence North 02'11'41" West along said westerly line, a distance of 11.00 feet to the POINT OF BEGINNING. Containing 3,594 square feet, more or less. 0 !!!�- 0 25 50 6%dl 200 GRAPHIC SCALE EXHIBIT-.L. POW-1112- of-Lil LINE TABLE LINE LENGTH BEARING. L172 11.02 S00'50'44 "W L173 11.00 NO2'1 1'41 "W NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.D.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID 4J.HnYATtP S. FOR THE FIRM) FLA. LIC. N0. 10834 NOT .VALID ,WITHOUT THE ,SIGNATURE AND THE ORIGINAL RAISED SEAL OF A', FLORIDA LICENSED SURVEYOR AND MAPPER Rev 1) Revised bearing distance, direction & lot number in description 07/06 CH2MHILL 6 /06 SKETCH & DESCRIPTION OF PARCEL 533 A PORTION OF SECTION 27, TOWNSHIP 50 COLLIER COUNTY1 LORIDA uwc coos: DRAWN W. I aHKa W. GCS00 TMO DJH S., RANGE 26 E., CAD f1.0 1C -41 This is NOT a Survey. Wilsomiller P4nwi . 6ptM� . FcHcpl.p, . M"- , LrxbWe *dW cb . Trnydhlbn CpwRr�fr wboryN ' f. ___ JEiT NO: SHM FDRAWW IMM NO: qEy; N6015 -SOU -001 1 533 OF X 1C -41 Mar 09, 2006 - 15:14:36 TOSBORNEIX: \SUR \collier blvd \CH2MHil1 \1C -41 \Lone Creek Dr - Rattlesnake Hommock,dwg Parcel 733 * ** OR; 4121 PG; 0303 * ** ----------------------- - - - - -- _ RATTLESNAKE HAMMOCK ROAD -POC 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 - 502'11'41 "E 11.00' ___ ------------- - - - - -- ------- - - - - -- - -- TRACT G - -- - -- - - ---POB----------------------------------------------- -__ -- -S874-8'49' -'W 3�Cro-3 - -- I 1 1 5, 125' L.B.E. PARCEL & D. E. 733 ---10' P. E. I LOT 3 UJ SIERRA MEADOWS I PLAT BOOK 39 I PAGES 11-13 00 I 0 U I I I - - - - - -- I - - ----------------------- -- - - - - - -- - - - - - - - - - - - - - i I I I I I I . I i I I w LOT 4 I I� IoO O 0 I I Iz I I I 24' ACCESS iJ EASEMENT AS DESCRIBED IN I O.R. BOOK 2909, PAGE 1531 Tract IK ------- - - - - -- ll 1- -- - I ---------------- - -- i I .r -�- l i LOT 5 I� Legal Description The South 5.00 feet of the North 16.00 feet of Lot 3, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northwest corner of said Lot 3, said point also lying on the southerly right -of -way line of Rattlesnake Hammock Road; thence South 02'11'41" East along the west line of said Lot 3, c distance of 11.00 feet to the POINT OF BEGINNING; thence North 8748'19" East, a distance of 326.30 feet to the East line of said Lot 3; thence South 00'50'44" West along said line, a distance of 5.01 feet; thence leaving said line South 87'48'19" West, a distance of 326.03 feet to the westerly line of said Lot 3; thence North 02'11'41" West along said westerly line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. 0 25 50 100 200 GRAPHIC SCALE ExHIerr-A.- LINE TABLE LINE LENGTH I BEARING L176 5.01 S00'50'44 "W L177 5.00 NO2'1 1'41 "W Rev 1) Revised bearing distance & lot number in description 07/06 CHUHILL 6/06 SKETCH & DESCRIPTION OF PARCEL 733 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA TIM CODED Dlawl- im. OM er: I CAD FLO PROM= NOD GCS00 TMO DJH 1C -41 N6015- SOU -001 NOTES: 1. This is not a survey. Ln rn J M N Of W J O U 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14, D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HYA `(FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE' ORIGINAL RAISED SEAL .'OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil*miller � -%Zrl w rlr wr, . Ehyrsrt . E-boW . anW" . L&%*W &d**,* . rrw4xrarm Cmm&* kc. »I DrtAwN,o mm ft I 733 OF X I 1C -41 Mar 09, 2006 — 15:14:36 TOSBORNEIX: \SUR \collier b1vd \CH2MHi11 \1 C -41 \Lone Creek Dr — Rattlesnake Hommock.dwg ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10 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 I. appropriate. (Initial) Applica ble) Agenda Date Item was - Agenda Item Number IOE 2. I 6 3. Subordination and Agreement Number of Original One 4. -- resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached . _� - -- - -- -- - — — 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office N/A 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 Robert Bosch Phone Number 252 -5843 Contact appropriate. (Initial) Applica ble) Agenda Date Item was De ember 13, 2005 p Agenda Item Number IOE A roved b the BCC I 6 Type of Document Subordination and Agreement Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST P. Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9. (171)4- Rcvisul 1 2605. 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) Applica ble) 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 N/A 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 December 13, 2005 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Oftiee has reviewed the changes, if applicable. P. Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9. (171)4- Rcvisul 1 2605. Revised 2 24 05 4118939 OR: 4322 PG: 0442 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/18/2008 at IONIAN DWIGHT B. BROCK, CLERK This instrument prepared by: ROC FBB 452.00 COPIES 53.00 Retn: Florida Power & Light Company CLERK TO THE BOARD P. O. Box 1119 INTEROFFICE ITS FLOOR Sarasota, FL 34230 -1119 BIT 1240 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this _11' day of f+�AiS/, 2008, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right -of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right- of-way shown on Exhibit "A ", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF i DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK -PAGE Easement 8/15/83 Isabel Collier Read, George Florida Power and Light OR Book 1025 W. Hill, Jr. as Trustees Company Page 1761 Easement 9/8/83 Lamar Gable, Harold S. Florida Power and Light OR Book 1041 Lyton & Marguerite R. Company Page 526 Collier, as Trustees Easement 6/4/90 Lely Development Corp. Florida Power and Light OR Book 1537 _ _. __-- - -__.. _ _ - -_ Page 2016 Easement 1 2/11/91 j Lely Development Corp. Florida Power and Light OR Book 1605 - -' - - - -- —' — — -- --- ...._.. - -- - - Page 1561 Easement 10/21/92 ( Naples National Gulf Club. Florida Power and Light OR Book 1767 Inc. - -_ _i _ Com an� �- Page 1417 Plat 3/8/91 Lely Resort Phase One Florida Power and Light Plat Book 16 !. _.,... ......Company .._ Pages 87 -99 Plat 1/24/91 Lely Resort Phase Two Florida Power and Light Plat Book 18 -- Compaq Pages 43_45 Plat j 9/6/02 ! Sierra Meadows Florida Power and Light ! Plat Book 39 Compariv Pages 1113 Plat 8/27/99 Cedar Hammock Golf and Florida Power and Light Plat Book 32 ., __.__..Country_Club -- - - -- -Cow any_.... _ _ Page 91 Plat 4/29/96 i Naples Heritage Golf & Florida Power and Light Plat Book 26 Country Club Phase One Company Pages 73 -80 Plat i 3/23/99 The Club Estates Florida Power and Light Plat Book 31 -'- -- - - - -- Company - - -- Pages 78 -80 Plat 5/25/99 Naples Lakes Country Club Florida Power and Light Plat Book 33 j _ I Company _Pales 8 -15. Easement 12/21/06 Amsouth Bank Florida Power and Light OR Book 4157 Company Pages 3518 -9 OR: 4322 PG: 0443 The County and the Utility further agree that: 1. "Public right -of- way ", as used herein, shall mean that area which is described in Exhibit "A" which includes the Utility's easements identified above and additional lands for public right -of -way, as described in Exhibit "A ", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right -of -way described in Exhibit "A ", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right -of -way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right -of -way described in Exhibit "A ", if such relocation or adjustment is caused by present or future uses of the right -of -way by Collier County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right -of -way. IN WI'INESS,WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:, .-E. BROC' , C er Attest a; t4'`C4 j. c utyClerk 41gnAtiwi) 1 041.0 „ w Signed, sealed and delivered in the presence of: By: Print Name: Mark Zweg Print Name: Kelly J. .o_. STATE OF FLORIDA, COUNTY OF _<ams kk BOARD UUNTY MISSIONERS COLLIE IDA BY: —p'pairman FLORIDA POWER & LIGH OMPANY By: Title: West Area Real Estat anger Print Name: Mark L. Byers (Corp. Seal) I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as its West Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this fl day of JTRA - , 200& My Commission Expires: Notary Signature: l Notary Public to of Florlda NOTARY PUBLIC -STATE OF FLORIDA Printed Name: __.... Commission # DD546987 Approved as to form and 1n' Explre5: MAY 01, 2010 le al fficiency: ✓ p.,,n [ _ ,Lf.• Bonded I Aland Bonding Co., Ine. eidi F. shto J Assistant County Attorney plux—If z r.;pu y C' K Rev 2) Rev 1, I ^_ Ln 0) Ivy 'o !m � Of Ld J J O U M A.E. O.R. BOOK 1970 PAGES 1664 -1668 0 Z �o N n m O Y QO^ mow m c� 168 ova �d U 5' 169 PARCEL 703 OR: 4322 PG: 0444 Parcel 703 Legal Description A portion of Section 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range \ 26 East, Collier Coounty, Florida and a portion of \ the lands described in Official Records Book 1970, S� \ Page 1667 of the Public Records of Collier County, Florida, being more particularly described as follows. \'� \ `�Q \• Commencing at the southeast corner of Section 34, -' Township 50 South, Range 26 East, Collier County, \�.�. Florida; thence North 00'51'28" East along the East \\ line of said Section 34, a distance of 3449.84 feet; thence leaving said line North 89'08'32" West, a y distance of 492.18 feet to a point 40 feet southeasterly of the southeasterly right -of -way line of Collier Boulevard being 175.00 feet in width and \ the POINT OF BEGINNING; thence South 35'38'59" \ West, a distance of 1897.93 feet; thence South 54'21'01" East, a distance of 20.00 feet; thence South 35'38'59" West, a distance of 977.33 feet; POC thence North 54'21'01" West, a distance of 20.00 S.E. CORNER OF feet; thence South 35'38'59" West, a distance of SECTION 34 1393.25 feet to a point on the south line said TOWNSHIP 50 SOUTH described lands; thence North 54'20'41" West along RANGE 26 EAST said south line, a distance of 5.00 feet; thence leaving said line North 35'38'59" East, a distance of 4,265.03 feet to its intersection with the north line of said described lands; thence South 89'08'32" East along said north line, o distance of 6.09 feet to the POINT OF BEGINNING. Containing 0.9385 acres, more or less. EXHIBIT PappJ_ ofd 1-i m o 110 200 eoo 3 GRAPHIC SCALE 35' 5' ,'U143 v Revised bearing direction 05/06 Revised per Ch2mhill design changes 4/06 05/06 SKETCH & DESCRIPTION OF PARCEL 703 A PORTION OF, S 34, T 50 S., R 26 E., & S 3, T 51 S., R 26 E., COLLIER COUNTY, FLORIDA wlc ooae owu� or of= e* ono rnE GCS00 TMO DJH 1C -41 NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C,R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. r DAVID J. HY T, . (, (FOR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil*miller M1nr.. bp„�,. (q{q,y. �., .1v,l,wp NWSb . TYywbtiv, Ca„uYUd w2eo,�,r nc N60 W. 9EFr DRAINM INM M0: N0015 -SOU -001 703 OF X 1C -41 a M A.E. O.R. BOOK 1970 PAGES 1664 -1668 I I I I j 0 z Section 34, Township 50 South, Range 26 N0 -mn Ln 0'-� ¢ow Iva gym¢ \ ova �0. m ' U I� 175.00 feet in width and the POINT OF L BEGINNING; thence South 35'38'59" West, a Q distance of 4,265.03 feet to a point on the U south line of said described lands; thence OF 0 0 a N w m �n co m to z z 0 3 m ro M N n PARCEL 803 OR; 4322 PG; 0445 Parcel 803 Legal Description J. U A portion of Section 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier Coounty, Florida and a portion of the lands described in Official Records Book 1970, Page 1667 of the Public Records of Collier County, Florida, being more particularly described as follows. EXHIBIT,. Paw of � 2 o ioo zoo aoo eoo GRAPHIC SCALE Rev 1) Revised bearing distance 05/06 A PORTION OF, S 34, T 50--S-.,--R- 0 S., R 26 E., &J. T 51 S., R 26 E., GCS00 � o� I°"® Irf. ACA° FILE Containing 3.417 acres, more or less. LINE TABLE LINE LENGTH BEARING L141 1 35.00 1 N54'20'41 "W L142 42.62 S89'08'32 "E NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way: 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. Hl TT, .: .M. (FOR THE FIRM) FLA. LIC. . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. PM , . (q� . [ yyN,. g�,�m+, • ��'w NWw4. hsTa��ln CaMaM, Y'in Yritl. Xr(.w flrll Mbbp.lAaw tie.PMq • Fr fsnseu,. u_s_ —..... N6015 -SOU -001 1 803 OF X I^ 1C -41~ Commencing at the southeast corner of Section 34, Township 50 South, Range 26 East, Collier County, Florida; thence North 00'51'28" East along the East line of said Section 34, a distance of 3449.84 feet; '•\ thence leaving said line North 89'08'32" West, \ a distance of 498.27 feet to a point 35.00 feet southeasterly of the southeasterly \ •\ right -of -way line of Collier Boulevard being 175.00 feet in width and the POINT OF BEGINNING; thence South 35'38'59" West, a /> POC J distance of 4,265.03 feet to a point on the S.E. CORNER south line of said described lands; thence OF SECTION 34 North 54'20'41" West along said south line, a TOWNSHIP 50 distance of 35.00 feet to the southeasterly RANGE 26 SOUTH right -of -Way line of said Collier Boulevard; EAST thence North 35'38'59" East along said southeasterly right -of -way line, a distance of 4,240.70 feet to its intersection with the north line of said described lands; thence South 89'08'32" East along said north line, a distance of 42.62 feet to the POINT OF BEGINNING. EXHIBIT,. Paw of � 2 o ioo zoo aoo eoo GRAPHIC SCALE Rev 1) Revised bearing distance 05/06 A PORTION OF, S 34, T 50--S-.,--R- 0 S., R 26 E., &J. T 51 S., R 26 E., GCS00 � o� I°"® Irf. ACA° FILE Containing 3.417 acres, more or less. LINE TABLE LINE LENGTH BEARING L141 1 35.00 1 N54'20'41 "W L142 42.62 S89'08'32 "E NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way: 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. Hl TT, .: .M. (FOR THE FIRM) FLA. LIC. . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. PM , . (q� . [ yyN,. g�,�m+, • ��'w NWw4. hsTa��ln CaMaM, Y'in Yritl. Xr(.w flrll Mbbp.lAaw tie.PMq • Fr fsnseu,. u_s_ —..... N6015 -SOU -001 1 803 OF X I^ 1C -41~ I II I I I I I I I W I m J � I J ,�\ L Ll Parcel 104 I �POB 15' U.E. O.R. BOOK 1524 PAGES 165 -167 - I I I I 1 I I I I I I ' I ^ I m � I U I Q K > tY I U O J Ln I N 0 25 50 100 200 GRAPHIC SCALE Ir W J J O U I I I I I I I I I I LINE TABLE GRAND LELY DRIVE 120' R/W BEARING L73 20.00 N89'09'16 "W CHORD BRG. S36'23 13' E L5_' U.E. \ 7' F.P.L.' k O.R. BOOK 1Fp5 PAGES 1561 - 15'63 1 I I I I Z I o I I w N O 20' 6 a0 w 0 00 a m (n C) OFD Lu i Lu of C1. a J w YJ J \ 3 b \v 0 PARCEL °n 104 I II I I I I I I I W I m J � I J ,�\ L Ll Parcel 104 I �POB 15' U.E. O.R. BOOK 1524 PAGES 165 -167 - I I I I 1 I I I I I I ' I ^ I m � I U I Q K > tY I U O J Ln I N 0 25 50 100 200 GRAPHIC SCALE Ir W J J O U I I I I I I I I I I LINE TABLE LINE LENGTH BEARING L73 20.00 N89'09'16 "W CURVE TABLE CURVE C1 RADIUS 1 25.00' DELTA 1 1, Z I J I LENGTH J. 34 24 TANGENT 20 41 1 CHORD 1 51.62- CHORD BRG. S36'23 13' E OR: 4322 PG: 0446 Legal Description A portion of Tract 12, Lely Resort Phase One, As recorded in Plat Book 16, Pages 87 -99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the Northeast corner of said Tract 12, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Grand Lely Drive thence South 00'50'44" West along said westerly right -of -way line, a distance of 679.42 feet; thence leaving said line North 89'09'16" West, a distance of 20.00 feet; thence North 00'50'44" East, a distance of 703.91 feet to the southerly right -of -way line of said Grand Lely Drive and a point of curve of a non tangent curve to the right, of which the radius point lies South 12'22'52" West, a radial distance of 25.00 feet and having a chord bearing of South 38'23'13" East, a chord distance of 31.62 feet; thence southeasterly along the said right -of -way line and the arc, through o central angle of 78' 7'51 ", a distance of 34.24 feet to the PORT OF BEGINNING. Cc taining 13,955 square feet, more or less EXHIBIT-.L- Paw-3— of_` Z NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. ATT, ' .S. M, (FOR.THE FIRM) FLA. LIG. NO. 5834,, NOT VALID WITHOUT, THE SIGNATURE AND THE ORIGINAL RAISED SEAL, OF A FLORIDA LICENSED SURVEYOR AND MAPPER CHWILL 4/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 104 N/IIsAnMil/er A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., "°` �°-^• '°°^m'� - V eft " COLLIER COUNTY, FLORIDA w, ha mu 000e: otawN sn a+® rF: alo rile reoJexa NO: asEr oawaa Noex NO: GCS00 TMO DJH 1C -41 N6015 -SOU -001 104 OF X IC -41 r ono \�n<mnni \IG- 41 \US41 —GRAND LELY.dwg - J GRAND LELY DRIVE 120' RAW a L - - -- L17 15' U) €. \ 7' F.P.L.' O.R. BOOK 1Fp5- PAGES 1561 -1553 W z 0 w Q -m z' I a_0r `a `- o m 0 w Of a- J J i 704 J RR 7 0 w ai J 8'- 20' a al ofn W 'a �I LI bl z I I P08 POC I I 15' O.R. BOOK- E. 1524 1 PAGES 165 -167 1 f_ 4 I I I I I I I 1 rnl N �I 0 Parcel 704 OR: 4322 PG: 0447 I I o LINE � J \ 3 8.00 U 3 v L17 Z a o l \ ck� U pU LO I > . .- I b J � l m N Ld J 0 U I I I 0 25 50 100 200 GRAPHIC SCALE Legal Description A portion of Tract 12, Lely Resort Phase One, As recorded in Plot Book 16, Pages 87 -99 of the I Public Records of Collier County, Florida, being more I particularly described as follows. Commencing at the Northeast corner of said Tract 1 12, said point also being the intersection of the southerly right -of -way line of Grand Lely Drive and --the westerly right -of -way line of Collier Boulevard, said point being the beginning of a curve to the left, of which the radius point lies North 89'09'16" West, a radial distance of 25.00 feet and having a chord bearing of North 38'23'13" West, 31.62 feet; thence 1 northwesterly along the southerly right -of -way line of Grand Lely Drive and the arc, through a central angle of 78'27'51 ", a distance of 34.24 feet to the end of the curve, said point being the POINT OF I BEGINNING; thence leaving said line South 00'50'44" 1 West, a distance of 703.91 feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 704.42 feet to the southerly right -of -way line Grand Lely Drive; thence South 89'09'08" East along said line, a distance of 3.00 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 11'32'00 ", and a chord bearing of South 83'23'08" East, a chord distance of 5.02 feet; thence easterly along said southerly right -of -way line and the arc a distance of 5.03 feet to the POINT OF BEGINNING. Containing 5,635 square feet, more or less. LINE TABLE LINE I LENGTH I BEARING L16 8.00 N89'09'16 "W L17 1 3.00 1 S89'09'08 "'E CURVE TABLE k,UNVLI RADIUS I DELTA LENGTH 1 TANGENT CHORD CHORD BRG. C1 C2 25.00' 1 25.00' 1 78'27'51" 11.32'00" 34.24' 1 5-03 20.41 1 2.52 31.62' 5.02' N38'23'13 "W 1 S8323'08 "E CH21,11HILL 4/06 SKETCH & DESCRIPTION OF PARCEL 704 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., EXHIBIT Pawl of-LL-L NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E. Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. � Cis c � DAVID J. H ATT, ;.S.M (FORi THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL,OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wffi*Miller waonlAAer, Inc, ITASK OaoE __- •_,...... �,..� rb. � ...o,e.rua+a,.aw.NSa.....w,M.m„ oarw� x er an FIC Floracr no aser olaMna Moot na qty GCS00 TMO D]H 1C -41 N6015- SOU -001 704 OF X is -41 o,va \�n<mn,11\SK & D \US41 -GRAND LELY.dwg Parcel 105 I I I LO C) C) I Ctf I v 3 I v\ J m N p I w � J O f- aU I I z rl II J I r/ I I I I PARCEL 105 _ 3 TRACF_1 -8 �� 1 s1 C27 Z O L 1 00 I U O GRAND LELY DRIVE POB o 120' R/W - - -- 15' U.E. O.R. BOOK 1524 7' F.P.C�E. PAGES 165 -167 O.R. BOOK 1505 --I F►- oPAGES 1561 -15\63 y I 1 w�� I a ^rn a-0N N ofm� X CL a. w :6 n �I I I I I I I I I I I I I I I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L160 19.21 N89.09'08 "W L161 1 19.21 1 S89'09'08"E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C26 C27 11.00' 11.00 180'00'00" I bl 34.56' I 34.56' INFINITE INFINITE 22.00' 1 22.00' N00'50'52 "E S00'50'52"W CH2MHILL OR: 4322 PG: 0448 1 U Legal Description A portion of Tract 18, Lely Resort Phase One, As recorded in Plat Book 16, Pages 87 -99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract 18; thence North 89'09'08" West along the southerly line of said Tract 18, a distance of 19.21 feet to the point of curve of a non tangent curve to the left, of which the radius point lies North 00'50'57' East, a radial distance of 11.00 feet and having a chord bearing of North 00'50'52" East, a chord distance of 22.00 feet; thence northerly along the arc, through a central angle of 180'00'00 ", a distance of 34.56 feet to the northerly line of said Tract 18; thence South 89'09'08" East, a distance of 19.21 feet a point of curve to the right having a radius of 11.00 feet, a central angle of 180'00'00°, and a chord bearing of South 0950'52" West, a chord distance of 22.00 feet; thence southerly along the arc a distance of 34.56 feet to the POINT OF BEGINNING. Containing 423 square feet, more or less. EXHIBIT Pape--S of- NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Eosements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public ,Utility Easement. ' ✓YVI f.5�834 DAVID J. H :hL (FOR?THE FtRM) FLA. L1C. N ' NOT VALID WITHOUT,: THE SIGNATURE� AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 105 A PORTION OF wilsomiller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., ;I05:0F COLLIER COUNTY, FLORIDA GCS TH aKm ec O10 RUO PII"l NM sEr e1VIRM NM Noe REM GCS00 TMO DJH 1C -41 N6015 -SO X 1C -41 1 -.11 1woQn,vnle: \omen \cower 0lv0 \aH2MHill \SK & D \11541 -GRAND LELY.dwg 0 S a z PARCEL 106 GRAND LILY DRIVE 120' R /W— + LELY RESORT PHASE ONE PLAT BOOK 16 PAGES 87 -99 0 25 50 f00 200 GRAPHIC SCALE Parcel 106 OR; 4322 PG; 0449 J U I I I I I I n I I T I 3 Z U O 0 -J I7 N C J I I I J i P.L.E. BOOK 16 5 ES 1561 - 563 iB I I I � LINE TABLE LINE LENGTH I BEARING L22 20.00 I 589'09'16 "E Legal Description A portion of Section 27, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows. Beginning at the northeasterly most corner of Lely Resort Phase One, as recorded in Plat Book 16, pages 87 -99 of the Public Records of Collier County, also being the intersection of the westerly right- of -woy line of Collier Boulevard and the northerly right -of -way line of Grand Lely Drive said point being the beginning of a curve to the right, of which the radius point lies North 89'09'16" West, a radial distance of 25.00 feet and having a chord bearing of South 4904'36" West, a chord distance of 31.62 feet; thence southwesterly along said northerly right -of -way line and the arc, through a central angle of 78'27'47 ", a distance of 34.24 feet; thence leaving said line North 00'50'44" East, a distance of 786.11 feet; thence South 89'09'16" East, a distance of 20.00 feet to a point on said westerly right -of -way line; thence South 00'50'44" West along said line, a distance of 761.61 feet to the POINT OF BEGINNING. Containing 15,599 square feet, more or less. CURVE TABLE CURVE1 RADIUS I DELTA I LENGTH 1 TANGENT I CHORD I CHORD BRG. C3 I 25.00' 1 78.2747" 1 34.24' 1 20.41 1 31.62' 1 540'04'36 "W EXHIBIT,. Pte-.¢_ Of—U-'L NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 01m9 ' DAVID J. /ATT, S. M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. bAmwi & ll)nux1PT1ON OF PARCEL 106 A PORTION OF Wilsomiller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., " a*— .`�'e^°^ -TM�^�� COLLIER COUNTY, FLORIDA VM COOL: oRrwN W. CHKE•D W* CAD "10 PRIUM NO: 311W GCS00 TMO DJH 1C -41 I N6015 -SOU -001 1 106 CF X DRIMNMi LOO( ND: 1C -41 REV: ---l' \- '\'—"z, ona\�nZmnw\ic- 41\GKAND LELY —LELY CULTURAL PARKWAY.dwg Parcel 706 OR: 4322 PG: 0450 Legal Description A portion of Section 27, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows. M I I I I I I I 20' � I _ I I ILU w ; dO Ln in I I/ Z b LO o o° 2 N I J Of v 3 Z Of O cif U O ED > o PARCEL m CN 706 I W J J U I I rl O.R. BOOK 16105 PAGES 1561 -p563 i POC I I I L23 C GRAND LELY DRIVE =t2-a-R W LELY RESORT PHASE 1 PLAT BOOK 16 PAGES 87 -99 0 25 50 i00 200 GRAPHIC SCALE M LINE TABLE LINE NG LENGTH BEARING L23 I TANGENT N89'09'08 "W L24 1 8.00 S89- 09.16 "E Commencing at the northeasterly most corner of Lely Resort Phase One, as recorded in Plat Book 16, pages 87 -99 of the Public Records of Collier County, also being the intersection of the westerly right -of -way line of Collier Boulevard and the northerly right -of -way line of Grand Lely Drive said point being the beginning of a curve to the right, of which the radius point lies North 89'09'03" West, a radial distance of 25.00 feet and having a chord bearing of South 40'04'36" West, 31.62 feet; thence southwesterly along said northerly right -of -way line and the arc, through a central angle of 78'27'17 ", a distance of 34.23 feet to the POINT OF BEGINNING; continuing along said northerly right -of -way line and said curve to the right, having a 25.00 feet radius and having a chord bearing of South 85'04'41" West, a chord distance of 5.03 feet; thence westerly along the arc, through a central angle of 11'32'23 ", a distance of 5.04 feet; thence North 89'09'08" West, a distance of 3.00 feet; thence leaving said line North 00'50'44" East, a distance of 786.61 feet; thence South 89'09'16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 786.11 feet to a point on said northerly right -of -way line and the POINT OF BEGINNING. Containing 6,292 square feet, more or less. EXHIBIT. Pape- of_VZ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E, represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. CURVE TABLE CURVEI RADIUS I DELTA I LENGTH I TANGENT CHORD CHORD BRG. C3 I 25.00' 78.27'47" 1 34.24' 1 20.41 31.62' S40'04'36W C4 I 25.0(J' 11'32'23" 1 5.04' 1 2.53 5.03' S85'04'41 "W ncv i) mevisea per UHZMHILL 04/06 CH2101HILL 3/06 SKETCH & DESCRIPTION OF PARCEL 706 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., DAVID J. Hy, TT, (FOR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller wdB011ll�On MIL'. ,Y�.BbfW.M,i�/Hq.11N�.11u,r AVd,OVCY.FU 2F56}ON .111bi� warmiimn um go= ID IMNN Q'ii CF /® Ch DM f PIq,NiI.T ND: aNtiT ORMRIO 11,1M NO: REV: GC SO TMO DJH 10-41 N6015 -SOU -001 706 OF X 1C -41 - ,• u� N� m� mnw\IU- 41\UNANU LELY -LELY CULTURAL PARKWAY.dwg LELY CULTURAL PARKWAY 120' R/W LELY PHASE TWO PLAT BOOK 18 PAGES 43= 45 TRACT D 0 3 Z z Parcel 107 POB PARCEL 107 I I I I I I I I Ln N N m �. J �3 z (Y I Q Cf a \ a > U v a J� N ']\ O m ry N 0 0o IY 0 Z N J 0U 15 L27 0 Z5 50 i00 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L27 1 15.00 N89'09'16 "W L28 1 15.02 N88'08'31 "E OR: 4322 PG: 0451 Legal Description A portion of Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows. Beginning at the Southeast corner of Tract D, Lely Resort Phase Two, As recorded in Plat Book 18, pages 43 -45 of the Public Records of Collier County, Florida, said point also lying on the Westerly Right -of -Way line of Collier Boulevard; thence South 00'50'44° West along said westerly right -of -way line, a distance of 663.92 feet; thence leaving said line North 89'09'16" West, a distance of 15.00 feet; thence North 00'50'44" East, a distance of 663.21 feet to the South line of said Tract D; thence North 88'08'31" East along said south line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 9,953 square feet, more or less. EXHIBIT Paya-Z— ofd NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. c DAVID J. Hr T, P (FOR THE FIRM) FLA. LIC. .5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. ,.. ,__..,_,,,,,,,, ,,,,,,\,,,,......... \- -, \UrtHrvu LILT —LLLY UULIURAL PARKWAY.dwg OF PARCEL 107lsiMiller AKPORTIONEOFIPTION SECTION 22, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA nlmc caac owwm gr W. au rLO vio+a� aHtEr GCS00 TMO D1H IC -41 N6015 0 -001 107 Of X auw�o Mooc ray — 11 nEV ,.. ,__..,_,,,,,,,, ,,,,,,\,,,,......... \- -, \UrtHrvu LILT —LLLY UULIURAL PARKWAY.dwg LELY CULTURAL PARKWAY 120' R/W LELY PHASE TWO _PLAT BOOK 18 PAGES _43 !!'L'—"J _ TRACT D 0 H s a Z 7 PARCEL 707 n Parcel 707 I —POC 15.02 �S88'08'31 "W I POB � I I I I I I I I Ln ell, n _I m 00 v cr J �I Z w 31 Q � U CD a al o _J LO 0 0� 7 N Z C) cif W J J p U I I I I I I � I 15'— I L29 I 1 0 25 50 100 100 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L29 8.00 N89'09'16 "W L30 8.01 N88'08'31 "E OR: 4322 PG: 0452 Legal Description A portion of Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows. Commencing at the Southeast corner of Tract D, Lely Resort Phase Two, Plot Book 18, Pages 43 -45 of the Public Records of Collier County, Florida, said point also lying on the Westerly Right -of -Way line of Collier Boulevard thence South 88'08'31" West along said line, a distance of 15.02 feet to the POINT OF BEGINNING; thence South 0950'44" West, a distance of 663.21 .feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 662.83 feet to the South line of said Tract D; thence North 88'08'31" East along said line, a distance of 8.01 feet to the POINT OF BEGINNING. Containing 5,304 square feet, more or less. EXHIBIT L Paper of! L NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemer. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. l DAVID J. HYA M. (FOR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 707 A PORTION OF W11*Miller SECTION 22, TOWNSHIP 50 S., RANGE 26 E., """' `d" �°°" •^° TM� COLLIER COUNTY, FLORIDA ""'" °'"`' VIX cone owwrN m MOM-ft I CAD RW No: OHM olerwlNO *= NO: ntv GCS00 TMO DJH IC -41 N8015 -SOU -001 707 OF X IC -41 . —I , -- - I —. I ­ \. 4...rno\ r., —v I \�NANU ALLY —LLLY CULTURAL PARKWAY.dwg Parcel 108 LELY CULTURAL PARKWAY 120' R/W LELY PHASE TWO r15' U. E. PLAT BOOK 18 1 PARCEL PAGES 4_3_4_5_ _ _ _ _ _ _ 108 TRACT D L31 POB I I 0 Fw- 3 a_ z J I I W LO Ln V 0 IO m IO Z � U 3 I O � J m Cn N W J J O U I� I I I I I I I 0 25 50 100 200 GRAPHIC SCALE I I I I I I I I I I I I ell, J \ I z K I Q U O O I I I I I I I I I I I I LINE TABLE LINE LENGTH BEARING L31 15.02 --- 588'08'31 "W 732 42 .46 N00'S0'44 "E L33 18.84 S00'50'44 "W CURVE TABLE CURVE CS I RADIUS 1 25.00 DELTA 1. 66'25'25" LENGTH 28.98' I TANGENT 1 16.37 I CHORD 1 27.39' CHORD BRG. 1 532'21'53 "E OR: 4322 PG: Legal Description A portion of Tract D, Lely Resort Phase Two, Plat Book 18, Pages 43 -45 of the Public Records of Collier County, Florida. Beginning at the southeast corner of Tract D, Lely Resort Phase Two, Plot Book 18, Pages 43 -45 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -woy line of Collier Boulevard thence South 88'08'31" West, a distance of 15.02 feet along the South line of said Tract D; thence North 00'50'44" East, a distance of 42.46 feet to a point on the southerly right -of -way line of Lely Cultural Parkway also being the point of curve of a non tangent curve to the right, of which the radius point lies South 24'25'09" West, a radial distance of 25.00 feet and having o chord bearing of South 32'21'53" East, a chord distance of 27.39 feet; thence southeasterly along said southerly right -of -woy line and the arc, through a central angle of 66'25'25', a distance of 28.98 feet to the Westerly Right -of -Way line of Collier Blvd.; thence South 00'50'44" West, a distance of 18.84 feet to the POINT OF BEGINNING. Containing 536 square, more or less. EXHIBIT Pape (� O}, l NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HY T, .A4THE -FIRM) FLA. LIC. N .. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 108Is�iMiller A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., "^ �"^•�°°d• *1^'•TM� COLLIER COUNTY FLORIDA " Im 0000 oNrWtn on a�?n en wo FiN' F1eoJet.T rIR aliEr GCS00 TMO DJH 1C -41 ONJI�r�N N M not NEV; N8015 -SOU -001 1 108 OF X 1C -41 Mar n9. 9nns _ nn . , - � -\V-N✓ Lc�, -!-L�I LULI URAL FAR KWAY.dwg LELY CULTURAL PARKWAY 120' R/W PARCEL LELY PHASE TWO FIT U.E. 708 PLAT BOOK 18 1 C6 PAGES 43 -45 _ _ _ 1n TRACT D t 8' J -' POC 15' L34 15.02 I 588'08'31 "W I POB 0 w 5 a z J I I I Iw a O Itn I O O u7 m U � v \ M N z w J J O U I� I I 0 25 50 100 900 GRAPHIC SCALE Parcel 708 I I I I I I I I I I I I I ell, J \ Z Q U O O I I I I I I I LINE TABLE LINE I LENGTH BEARING L34 8.01 S88'08'31 "W L35 44.85 1 1\100'50'44 "E L36 I 42.46 I S00'50'44 "W CURVE TABLE CURVE RADIUS DELTA 1 LENGTH TANGENT CHORD CHORD BRG. C6 25.00' 18'59'23" 8.29' 4.18 8.25' I S7 04'16"E CH2MHILL A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E„ COLLIER COUNTY. FLORIDA OR: 4322 PG: 0454 Legal Description A portion of Tract D, Lely Resort Phase Two, as recorded in Plot Book 18, Pages 43 through 45 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the Southeast corner of said Tract D, said point also lying on the westerly right -of -way line of Collier Boulevard; Thence South 88'08'31" West, a distance of 15.02 feet along the South line of said Tract D to the POINT OF BEGINNING; thence South 88'08'31" West along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 44.85 feet to a point on the southerly right -of -way line of Lely Cultural Parkway, also being the point of curve of a non tangent curve to the right, of which the radius point lies South 05'25'54" West, a radial distance of 25.00 feet and having a chord bearing of South 75'04'16" East, a chord distance of 8.25 feet; thence easterly along said southerly right -of -way line and the arc, through a central angle of 18'59'23 ", a distance of 8.29 feet; thence leaving said line South 00'50'44" West, a distance of 42.46 feet to the POINT OF BEGINNING. Containing 351 square feet, more or less. EXHIBIT NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement 10. O.R. represents Official Records. it. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 1" M1 i c r DAVID J. ATT, .S. M. (FOR T14E FIRM) FLA. LIC. 0. 5834" NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL iQFiA FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wilsomiller WkCAWNW,, hc. mm MMMC I MIYr1M m: Of= sr. Pao 1 M0: setr ORN M mm No: pEy GCS00 I TMO D 1C -41 N6015 -SOU -001 1 708 or X I 1C -41 Mar 09, 2006 — 08:41:52 TOSBORNEIX: \SUR \collier b1vd \CH2MH111 \1C -41 \GRAND LELY —LELY CULTURAL PARKWAY.dwg LOT 10 m jg�0mZn o Li J LO7111�"" oaa i I I j I I I I L31 25' L.B.E. & D.E. PARCEL LINE LENGTH BEARING 109 0 o 1 S88'08'31 "W \ I 25.03 0 LOT 12 >\\A 3 \ o o - - - - oN L37 LELY CULTURAL PARKWA 120' R/W LELY RESORT PHASE TWO PLAT BOOK 18, 5 - - RAGES_ 4-46 - I le I I I Ln rn K U 3 > . GO OJ CI LO (if I W J J O I 25' 7' S. E. O.R. Book 2124` Page 160 —POB Y 0 25 50 100 200 GRAPHIC SCALE Parcel 109 i I I I I Q Z I U O O LINE TABLE LINE LENGTH BEARING L37 1 25.03 1 S88'08'31 "W L38 I 25.03 1\188'01.48 "E Z)alsrcn & DENCKIPTION OF PARCEL 109 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., nAT r rnr . ............. ..._ _�__ . T 1tf, OR: 4322 PG: 0455 Legal Description The East 25.00 feet of Lot 12, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Lot 12, said point also being the intersection of the northerly right -of -way line of Ley Cultural Parkway and the westerly right -of -way line of Collier Boulevard; thence South 88'08'31" West, along said northerly right -of -way line, a distance of 25.03 feet; thence leaving said line North 00'50'44" East, a distance of 204.05 feet, to the northerly line of said Lot 12; thence North 88'01'48" East, along said northerly line, a distance of 25.03 feet to a point on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right of way line, a distance of 204.10 feet to the POINT OF BEGINNING, Containing 5,102 square feet, more or less. EXHIBIT Page_ ofd NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. `i DAVID J. H ATT, F...AZ�. (FORS -THE FIRM) FLA. LIC. 0. 5834' - NOT VALI WITHOUT, THE' SIGNATURE AND THE ORIGINAL RAISED SEAL-,OFIAFLORIDA LICENSED SURVEYOR AND MAPPER ' This is NOT a Survey. Wil*miller WkaNAIer ,hc. I TASK CODE. IDIMwN ___ J___ EM CID f1C __.-- "••""•• "••mrw.oa.warxs�r.ixaw, ...r.,rm„ GCS00 PROJEi.T �' MIELT offla Mi MODE ft REV: TMO OJH IC -41 N6015 -SOU -001 109 of X IC-41 • ,... �������,,r, u1va\�ntmro1\1c -41\LELY CULTURAL PARKWAY- LONECREEK DRIVE.dwq LOT 10 i I I � I 0 Cn U � O � J Lr) M N ry Ld J J I 0 I 7' S. E. O.R. Book 2124` Page 160 I 25' I PARCEL 8. 709 POC L3 25.03' 588'08'31 "W POB LELY CULTURAL PARKWAY 120' R W LELY RESORT PHASE TWO PLAT BOOK 18, - PAGES a5 =45 I I I No I 0 25 50 100 200 GRAPHIC SCALE Pcrcel 709 I I I I Z I U O O LINE TABLE 25' I I I I I I L.B.E. --a j BEARING & D.E. S88'08'31 "W M n LOT 1 1 I I j avn I I 5; 0 u 0N pmw osa wa_a I I Lop 25' L.B.E.—j & D.E. o NI C)I v 0 �I o w w 31 a LOT 12 a 0 ai o v° o z 0 01 0 z 01 fn i I I � I 0 Cn U � O � J Lr) M N ry Ld J J I 0 I 7' S. E. O.R. Book 2124` Page 160 I 25' I PARCEL 8. 709 POC L3 25.03' 588'08'31 "W POB LELY CULTURAL PARKWAY 120' R W LELY RESORT PHASE TWO PLAT BOOK 18, - PAGES a5 =45 I I I No I 0 25 50 100 200 GRAPHIC SCALE Pcrcel 709 I I I I Z I U O O LINE TABLE LINE I LENGTH BEARING L39 8.01 S88'08'31 "W L40 8.01 N88'01'48 "E A PORTION OF SECTION 22, n��.� T_ ... . O_ _ _ TOWNSHIP 50 S., RANGE 26 E., / M1 T T TTT TT OR: 4322 PG: 0456 Legal Description The West 8.00 feet of the Easterly 33.00 feet of Lot 12, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Lot 12, said point also being the intersection of the northerly right -of -way line of Lely Cultural Parkway and the westerly right- of -woy line of Collier Boulevard; thence South 88'08'31" West, along said northerly right of way line, a distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'08'31" West, along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 204.04 feet to the northerly line of said Lot 12; thence North 88'01'48" East, along said northerly line, a distance of 8.01 feet; thence leaving said line South 00'50'44" West, a distance of 204.05 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. EXHIBIT Pau*-iL ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. ELI DAVID J. H T, P.•_.M�TH' FIRM) FLA. LIC. No. 5834.. NOT VALID WITHOUT'THE SIGNATURE AND THE ORIGINAL RAISED SEAL''OF Ai FLORIDA LICENSED SURVEYOR AND MAPPER - This is NOT a Survey. Wih*miller r.,,.,. e,y..,. caw. a„�. • u„�w.wwwa . n..oa�m:,, cavx. WdeQ'd9bf, FIG AK CODE u /,lNw ft YID. �� � •� •n�'�� 90'M��. FMMU }r�9XWSI.IYI. XYDI, w[rOnYm,r GCS00 TMO DJH 1C -41 N6015 -SOU -001 709 of X 1r -41 \ "- -11\..r, —11 \1�-r, \LLLY CULIURAL PARKWAY- LONECREEK DRIVE.dwq LOT 10 PARCEL 25 �Y LENGTH BEARING L41 110 S88'01.48 "W o N � o 22, TOWNSHIP 50 S., RANGE 26 E., Z m,n LOT 11 a 0 W \ o ° o o Z \I °o 0 Fteaoa Not \ GCS00 25' L.B.E. \� DJH 1C -41 & D. E. N6015-SOU -001 I I I LOT 12 I I I I I ----- - - - - -J Parcel 110 I 7' S.E. O.R. Book 2124 Page 160 I I I I I I I I I I I I � I I LELY CULTURAL PARKWAY 120' R/W O LELY RESORT PHASE TWO Z Of I PLAT BOOK 18, PAGES 45 -46 > J Ln ------- - - - --- CD N w I I -J 0 U I I I I � V 0 25 30 i00 �p0 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L41 25.03 S88'01.48 "W L42 25.03 N88'01'48 "E OR: 4322 PG: 0457 Legal Description The East 25.00 feet of Lot 11, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Lot 11, said point also lying on the westerly right- of -woy line of Collier Boulevard; thence South 88'01'48" West along the southerly line of said Lot 11, o distance of 25.03 feet; thence leaving said line North 00'50'44" East, a distance of 226.01 feet to the northerly line of said Lot 11; thence North 88'01'48" East, along said northerly line, a distance of 25.03 feet to the northeast corner of said Lot 11 and o point on said westerly right -of -way line; thence South 00'50'44" West along the westerly right of way line of said Collier Boulevard, a distance of 226.01 feet to the POINT OF BEGINNING. Containing 5,650 square feet, more or less. EXHIBIT Pag*_JL ot� NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. F �I. DAVID J. HYATT, S.M. . ( THE FIRM) FLA. LIC. NO. 5 34 NOT VALID WITHOUT THE. SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. ancicn & Vt:iCH1FION OF PARCEL 110 A PORTION OF _ IsQn►Miller SECTION 22, TOWNSHIP 50 S., RANGE 26 E., "" �°^^W11 � COLLIER COUNTY, FLORIDA ywc a000 otaww er ago W. am nr_ Fteaoa Not a¢r GCS00 TMO DJH 1C -41 N6015-SOU -001 110 OF X DROM Moot Hi 1C -41 REVt Mot 12 vnna _ ,e., n.11 r..... • -- ^ "" - mow -...^ JN1�- 41\LLLY CULTURAL PARKWAY- LONECREEK DRIVEAd q Parcel 710 LOT 10 POC I L4 25.03 I S88'01'48 "W I I 7' S.E. O.R. Book 2124 Page 160 1 I LOT 12 I I I j I I I I - - - I LELY CULTURAL PARKWAY LO I 120' R/W 0) LELY RESORT 3 PHASE TWO 3 Z � 1 PLAT BOOK 18, I PAGES 45 -46 1 U J (N J O I U I I I I � I le 0 25 50 100 200 GRAPHIC SCALE LINE TABLE I 25' L.B.E. PARCEL L43 & D.E. 710 _ 1_44 8.01 o °I �a NI W �Mn N N d v LOT 11 a aj o o a z m In o v 0 o o O W n Neu 0 oaa NI 0I Z °z of 25' POC I L4 25.03 I S88'01'48 "W I I 7' S.E. O.R. Book 2124 Page 160 1 I LOT 12 I I I j I I I I - - - I LELY CULTURAL PARKWAY LO I 120' R/W 0) LELY RESORT 3 PHASE TWO 3 Z � 1 PLAT BOOK 18, I PAGES 45 -46 1 U J (N J O I U I I I I � I le 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L43 8.01 S88'01'48 "W 1_44 8.01 N88'01'48 "E OR: 4322 PG: 0458 Legal Description The westerly 8.00 feet of the easterly 33.00 feet of Lot 11, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Lot 11, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48" West, along the southerly line of said Lot 11, a distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'01'48" West, along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 226.01 feet to the northerly line of said Lot 11; thence North 88'01'48" East, along said northerly line, a distance of 8.01 feet; thence leaving said line South 00'50'44" West, a distance of 226.01 feet to the POINT OF BEGINNING. Containing 1,808 square feet, more or less. EXHIBIT NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. a:f DAVID J. H ATT, .S.M. (FOR THE FIRM) FLA. LIC. 0. 5834 - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 710 N/i�sQ�i1%li��er A PORTION OF SECTION 22, TOWNSHIP 50 S„ RANGE 26 E., "° 'l° mil* rr�« -�• COLLIER COUNTY FLORIDA �.......»�..�«o. ,.....�o.��....�,. _.,..� trmc 000E owwM an cta�o sn W I'M n11=1 IQ a w olerwq aa1Ex Ho GCS00 TMO DJH 1C -41 N6015- SOU -001 710 OF X 1C -41 NEV: .1­ ^_1 ".., 1 � -a 1 \LLLY CULTURAL PARKWAY - LONECREEK DRIVE.dwg ocK ° I I w 0 �0 mLo Aga a- - - - - - - - - - - -- _ONE CREEK DRIVE 1 5 0' R/W ---- ------- - TRACT H a _- -__ - -� r'1 rYj N N w 3 LOT 12 J Parcel 111 OR: 4322 PG: 0459 LOT 10 Legal Description v^ I A portion of Lot 10, Edison Village, as S88'01'48 "W L46 m 5; 0 L47 15' 0 L48 Collier County, Florida, being more 0 m W 25' L.B.E. 47 a & D.E. Beginning at the northeast corner of said �aa a\ J � PARCEL 111 iI_ i LOT 11 I 1 I I I I II LOT 12 J Parcel 111 OR: 4322 PG: 0459 o 25 50 100 zoo GRAPHIC SCALE LINE TABLE I Legal Description BEARING I A portion of Lot 10, Edison Village, as S88'01'48 "W L46 recorded in Plot Book 43, pages 76 N00'50'44 "E L47 through 77 of the Public Records of S89'09' 16" E L48 Collier County, Florida, being more N88'01'48 "E particularly described as follows. Beginning at the northeast corner of said Lot 10 said point also being the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along the westerly right of way of Collier Boulevard, a distance of 225.31 feet to the southeast corner of said Lot 10; thence South 88'01'48" West along the south line of said Lot 10, a distance of 25.03 feet; --POD thence leaving said south line North 00'50'44" East, a distance of 32.02 feet; thence South 89'09'16" East, a distance of 10.00 feet; thence North 0950'44" East, a distance of 193.78 feet to the northerly line of said Lot 10; thence North 88'01'48" East along said northerly line, a I distance of 15.02 feet to the POINT OF BEGINNING. Containing 3,698 square feet, more or less. EXHIIIBrIT� I P� Of. D., 25' -i.L_ 7' S.E. O.R. Book 21241 NOTES: Page 160 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. rn 4. Easements shown hereon ore per plot, I I unless otherwise noted. � J \ U v Q 5. Dimensions are in feet and decimals Q O thereof. V 6. Certificate of authorization LB 43. M N 7. R/W represents Right -of -Way. K — 8. P.O.B. represents Point of Beginning. W 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. OJ I 11. L.B.E. represents Landscape Buffer U Easement. J I 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. I 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. o 25 50 100 zoo GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L45 25.03 S88'01'48 "W L46 32.02 N00'50'44 "E L47 10.00 S89'09' 16" E L48 15.02 N88'01'48 "E Rev 1) Revised bearing direction 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 111 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., UUM 0 I oW: ICHXW n I CAD F.M GCS DJH IC-41 !. r L DAVID J. HY. T. K (FOR'THE FIRM) FLA. LIC. N . 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL .OF, +A' `FLORIDA LICENSED SURVEYOR AND MAPPER' This is NOT a Survey. wiIsomiller PMr.. Friy„�.. {'gpyy • yy,.Rr. • IaMV'y»a'dM.[1.. T /Yya'Y6n Ga.,IM wIIQ%,I%0� hIC. 'Yy YIItl ..W`.I4F1.M@IA.11n� adOOq • fv 2r16JM1.'.�'9, ..[,Y J= NOc SIEEf 011WM M N6015- SOU -001 111 OF X I 1C -41 -1.. ­ woUn,vyn:\�un \collier bJVd \CH2MHil1 \5K & D \LELY CULTURAL PARKWAY — LONECREEK DRIVEAd g 3oiM 0 0 �o� M n ofg< of a w a a Ln CREEK DRIVE 50' R/W TRACT H LOT 10 Y°o ° PARCEL omw 711A oSa o w a n I LOT 11 25' L.B.E.I & D. E. I I I I I I I I I I I I I � I I I I LOT 12 I I I I I I I Parcel 71 1A I I I / rn 3 Q i Z a CID (N U I O I LLJ I J O U I I I w ID IN I o I 0 Z I '� -POC 25.03 '—S88'01'48 "W P0B 7 S.E. —O.R. Book 21241 Page 160 1 I I I I I 0 25 50 100 200 GRAPHIC SCALE OR: 4322 PG: 0460 Legal Description A portion of Lot 10, Edison Village, as recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the Southeast corner of said Lot 10 said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48' West, along the southerly line of said Lot 10, a I distance of 25.03 feet to the POINT OF I BEGINNING; thence continue South 88'01'48° West, along said line, a distance of 8.01 feet; thence leaving said line North 00'50'44" East, a distance of 32.42 feet; thence South 89'09'16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 32.03 feet to the POINT OF BEGINNING. LINE TABLE LINE LENGTH BEARING L49 8.01 588'01'48 "W 150 32.42 N00'50'44 "E L51 8.00 S89'09'16 "E L52 32.03 S00'50'44 "W Containing 258 square feet, more or less EXHIBIT NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. FP.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. H1' T, P." (FOR THE FIRM) FLA. LIC. N 583fF NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A, FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. o,AAntt & Ul;SCH1PT10N OF PARCEL 711A A PORTION OFIsQ,nMUler SECTION 22, TOWNSHIP 50 S., RANGE 26 E., "w` &°--.E � COLLIER COUNTY, FLORIDA Wk""*er,kG T119c cane oalrlN er. aRD Or CAD FM Fnoalar NO: asEr GCS00 TMO DIH 1C -41 N6015 -SOU -001 711A OF X onF►wlo ,x Na IC-41 REV: — \— ... - u,.0 \�"ZM,111 \IC- 41 \LELY CULTURAL PARKWAY- LONECREEK DRIVE.dwg 3 of on- 0 W O M0 ¢mw of LJ d In ----- - - - - -_J LONE CREEK DRIVE 50' R/W - -- 25' -LSE -- & D.E. n rn �I I w I a LOT 11 0 0 jz° I I 25' L.B.E.- ---{ j & D.E. I I I I I I I LOT 12 J Porcel 71 113 15.02 8'01'48 "W POC •oe I I I 15' O.R. Book 21241 Page 160 LO of I I I rn I I I C-)3 I <� O of Z NJ U N I (if Ld J J 0 U I J � I I 0 2s s0 "1 zoo GRAPHIC SCALE Rev 1) Revised bearing direction LINE TABLE LOT 10a LENGTH BEARING L53 8.00 5:0 0 Z Zm V - 8'- o a a PARCEL 711B I w I a LOT 11 0 0 jz° I I 25' L.B.E.- ---{ j & D.E. I I I I I I I LOT 12 J Porcel 71 113 15.02 8'01'48 "W POC •oe I I I 15' O.R. Book 21241 Page 160 LO of I I I rn I I I C-)3 I <� O of Z NJ U N I (if Ld J J 0 U I J � I I 0 2s s0 "1 zoo GRAPHIC SCALE Rev 1) Revised bearing direction LINE TABLE LINE LENGTH BEARING L53 8.00 N89'09 °16 "W L54 8.01 N88'01'48 "E 03/06 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., CCOE Dill Ill OWM ! . OAD MRM GCS00 TMO DJH IC -41 OR: 4322 PG: 0461 Legal Description A portion of Lot 10, Edison Village, as 0 recorded in Plat Book 43, pages 76 through 77 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northeast corner of said Lot 10 said point also lying on the westerly right- of -woy line of Collier Boulevard; thence South 88'01'48" West along the north line of said Lot 10, a distance of 15.02 feet to the POINT OF BEGINNING; thence leaving said line South 00'50'44" West, a distance of 193.78 feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 193.39 feet to the northerly line of said Lot 10; thence North 88'01'48" East along said northerly line, a distance of 8.01 feet to the POINT OF BEGINNING. Containing 1,548 square feet, more or less. EXHIBIT Pape ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions o1 record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. �I 1 DAVID J. HY T, P.3: (FOR..!THE FIRM) FLA. LIC. N1. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil*comer rrw.. tp.... [crq,y. d.wp. • �.+w-wwmrsn.. n�+a.��n caw.m. Wlsorw9ar, Mc. N6015 -SOU -001 I 7118 OF X I 1C -41 --- I...._. "'u\-4mrnnV�- ri\LELY CULTURAL PARKWAY - LONECREEK DRIVE.dwg N O n M wo:: �o <mw Aga Waa N ------ - - - --I- LONE CREEK TRACT Al 50' R/ P.U.E LINE LENGTH PARCEL 755 112 I LOT I 10 25.01 N00'50'44 "E J Y I > o 25' L.B.E. z m N & D.E. o�0 �aa I I LOT 11 25' L.B.E. -yI & D. E. I I I I I i LOT 12 Parcel 112 5' LS POB I Ln I I I I h-- I m I IY Q Z I Q Of Mu7 U O N Of LLJ J I � I U I I I I I I I I I I I I I I I I I I I I I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING 755 15.02 588'01'48 "W L56 25.01 N00'50'44 "E L57 15.02 N88'0 1'00 "E L58 25.01 S00'50'44 "W Rev 1) Revised bearing in description 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 112 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY PmMA a ��oUr I�W. I �� DJH IC-41 Feh 91 9nne _ ,o-o,..n ...e........�i OR: 4322 PG: 0462 Legal Description The East 15.00 feet of Tract H, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract H, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 88'01'48" West along the south line of said Tract H, a distance of 15.02 feet; thence leaving said south line, North 00'50'44" East, o distance of 25.01 feet to a point lying on the southerly right -of -way line of Lone Creek Drive; thence North 88'01'00" East along said southerly right -of -way line, a distance of 15.02 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, a distance of 25.01 feet to the POINT OF BEGINNING. Containing 375 square feet, more or less. EXHIBIT Pav—i L ofd NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. a - O r" DAVID J. H TT .M. (FOR. THE FIRM) FLA. LIC. . 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL, OF A FLORIDA LICENSED SURVEYOR AND MAPPER`, This is NOT a Survey. WiIsomiller w6oM11er, Ihc. 9= NIN veer Dwmm v N6015 -SOU -001 1 112 OF X I 1C -41 v\LLLY CULIUHAL PARKWAY- LONECREEK DRIVE,dwg I I N I 0 Q O - I �o� Q m NJ I Aga as N I I LONE TRACT A '- 10' _ P U E. _ PARCEL 712 I I w,,; ^ LOT 10 I got. 25' L.B.E. --f z m N & D.E. C)�Cw7 I oaa i I I I LOT 11 I 25' & D.E. I I I I I � I I I LOT 12 j I I I I I I I I I I I � Parcel 712 5 15.02' - SB8'01'48 "W N I I I I I a M I I/ a p 0 N z° 3 J \ O ck� z m N IQ U O � I W J O 1U J I r/ I I I I I 0 25 50 I00 200 GRAPHIC SCALE TABLE LENGTH BEARING aLINE 8.01 S88'01'48 "W 25.01 NOO'50'44 "E 8.01 N88'01'00 "E 25.01 S00'50'44 "W Rev 1) Revised bearing in description 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 712 A PORTION OF SECTION 22, TOWNSHIP 50 S., RANGE 26 E., rani r rnn nn......... .._ _�__ GCS00 I TMO DJH 1C -41 Mnr n0 ?nna - , i.no..n I.... --- OR: 4322 PG: 0463 Legal Description The westerly 8.00 feet of the easterly 23.00 feet of Tract H, Sierra Meadows, as recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more Particularly described as follows. Commencing at the southeast corner of said Tract H, said point also lying on the westerly right- of -woy line of Collier Boulevard; thence South 88'01'48" West, along the south line of said Tract H, a distance of 15.02 feet to the POINT OF BEGINNING; thence continue South 88'01'48° West along said south line, a distance of 8.01 feet; thence leaving said line, North 00'50'44" East, a distance of 25.01 feet to the southerly right -of -way line of Tract A, Lone Creek Drive; thence North 88'01'00" East olong said southerly right of way line, a distance of 8.01 feet; thence South 00'50'44" West, a distance of 25.01 feet to the POINT OF BEGINNING. Containing 200 square feet, more or less. EXHIBIT Papa— ou.'L NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. o 'Yi DAVID J. H TT, M. (FOR THE FIRM) FLA. LIC. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF,.A; FLORIDA LICENSED SURVEYOR AND MAPPER- This is NOT a Survey. tsMmiller Itm,r..fipiw•..[caly,b. d.Nri'.•W,Jrp�/iWYC4.ri,T„Ma sa WNaY,91x, lie `.,aww..h+anauaam— 9 N60 waaxsw•wnw ...,�. *W py p N8015 5-- 71 SOU -001 712 OF X I 1C -41 . -- , ^_. "'u\..nzmnw \J�- ni \LLLY CULTURAL PARKWAY- LONECREEK DRIVE.dwg N O M n a Y 25' L.B.E.- - W o — m & D.E. N L W tea¢ I N a a PARCEL 113 r10' P.U.E. - LONd CREEK DRIVE a TRACT A + 5 R J T TRACT H P.U.E.-- - - - - --1 WM� d n I g Y I I >o� Z Mtn LOT 10 oFw °aa u.i a a I° 0 Iz Parcel 113 Tract L I I 5 POB I I I � I a I J 0 25 50 100 200 GRAPHIC SCALE I I I I J3 I ¢JCIO �[if Q > U O —I L O N C Li J I J I I I I I I I I I II I I I LINE TABLE LINE LENGTH BEARING L63 1 15.02 588'01'00 "W L64 50.06 NOO'50'44 "E L65 15.02 N88- 0V00 "E L66 1 50.06 500'50'44 "W Rev 1 ) Revised bearing in description & R/W width 03/06 CH2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL. 113 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLOMA 0o I""'T On Ia.® IM Iwo � DJH IC-41 U- ,r, Inn. ,,.— 1 OR: 4322 PG: Legal Description The East 15.00 feet of Tract A, Lone Creek Drive, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract A. Lone Creek Drive said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Lone Creek Drive; thence South 88'01'00" West along the southerly right of way line of said Tract A, Lone Creek Drive, a distance of 15.02 feet; thence North 00'50'44" East, a distance of 50.06 feet to the northerly right -of -way line of Tract A, Lone Creek Drive; thence North 88'01'00" East along said northerly right -of-way line, a distance of 15.02 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said line, a distance of 50.06 feet to the POINT OF BEGINNING. Containing 751 square feet, more or less. EXHIBIT—L. Papa -L ofd, NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. FP.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. r DAVID J. H ATT, .M! (FOR 'THE' FIR FLA. LIC. 0. 5834" "" NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL O VA FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Mll*miller wkmvAr, hc. aw Ilo: AgiEf MVAN 0 N6015- SOU -001 1 113 OF X I 1C -41 . �•���_ — Q\�nemnm \Ic -41 \Lone Creek Dr — Rottlesnoke Hommock.dwg W. Mn 3. OM I I y, I BEARING w0 :2 L10 m0 w 25' L.B.E. ---I N a a & D.E. - - -- - - N88'01'00 "E PARCEL 50.06 713 �10, P.U.E. I la --------- LONE CREEK DRIVE W c TRACT Al 50' R W J �' — -- — TRACT H — - - —� BEARING L67 L10 I L68 P.U.-E.---- - --- - - -- - - N88'01'00 "E L70 50.06 I w I la Iv 0 w g v ^ LOT 10 0 >O� j z zmN 0 ,,, Parcel 713 Tract L 8,15' I I I f -POC 15.02' S88'01'48 "W P0B I I I I I I I n I I I I 3 ] I z Q o J U o b N J J J I I I I I I I I I I I I I X 0 25 50 f00 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L67 8.01 588'01'00 "W L68 50.06 N00'50'44 "E L69 8.01 N88'01'00 "E L70 50.06 S00'S0'44 "W Rev 1) Revised bearing distance in description & R/W width 03/06 umurn 7Inn SKETCH & DESCRIPTION OF PARCEL 713 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., nnT i III I--- OR: 4322 PG: 0465 Legal Description The westerly 8.00 feet of the easterly 23.00 feet of Lone Creek Drive, Tract A, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Lone Creek Drive, Tract A, said point also being the intersection of the westerly right —of —way line of Collier Boulevard and the southerly right —of —way line of Lone Creek Drive; thence South 88'01'48" West along said southerly right —of —way line, a distance of 15.02 feet to the POINT OF BEGINNING; thence continuing South 88'01'00" West, along said southerly right —of —way line, a distance of 8.01 feet; thence North 00'50'44" East, a distance of 50.06 feet to the northerly right —of —way fine of said Lone Creek Drive, Tract A; thence North 88'01'00" East, along said northerly right of way line, a distance of 8.01 feet; thence South 00'50'44" West, a distance of 50.06 feet to the POINT OF BEGINNING, Containing 400 square feet, more or less. EXHIBIT P�� of_,y2 NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right —of —Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. s k v DAVID J. HY T, (FOR THE FIRM) FLA. LIC. N 58A , NOT VALID ITHOU7 THE SIGNATURE AND THE ORIGINAL RAISED SEAL: OF. A.. F40'RIDA LICENSED SURVEYOR AND MAPPER I ^,p.. This is NOT a Survey. Wil*mlller wbanlHer hc. •yR al, an. NyYw wuwrimr. mm, w •. IPIOIRA k NWPm 0 117 41 N6015 -sou -001 9713 1C -41 CCS00 TMO D!H n. aAOeM. wea. waWe M— 11 11 r,c ♦vin. n.. ui.0 \Un<mnni\ f c -41 \Lone Creek Dr — Rattlesnake Hommock.dwg W. ---------- - - -I-- SEQUC -----------------i- I I I J i LOT 6 I I I I I I I I N O1 0 Y 1 25' L.B.E. --a LENGTH o & D.E. n c S88'01'00 "W L154 1 11.01 W a a IN C to a 3 J Y I >0� LOT 7 b c 0 F,n v 0 P c O�U PARCEL ,Z a oa(L 714 \1 r10' P.U.E. i -L - - -- LONE CREEK DRIVE -153 1 50' R/W GRAPHIC SCALE Parcel 714 OR: 4322 PG: 0466 Legal Description The easterly 11,00 feet Lot 7, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. I I I Beginning at the southeast corner of said Lot 7, said point also being on the northerly right -of -way line of Lone Creek Drive; thence South 88'01'00" West along said northerly right -of -way line, a 1 I distance of 11.01 feet; thence leaving said 1 line North 00'50'44" East, a distance of 275.25 feet to the northerly line of said Lot 7; thence North 87'48'19" East along said line, a distance of 11.01 feet to the I northeast corner said Lot 7; thence South 00'50'44" West along the east line of said Lot 7, a distance of 275.29 feet to the r -TRACT L I POINT OF BEGINNING. I Containing 3,026 square feet, more or I less. -11' EXHIBIT 0 NOTES: 3 I 1. This is not a survey. Of Z 2. Basis of bearing is the West line of Q County Road 951 (C.R. 951) being N m u7 I O O I 00'50'44° E, Florida State Plane Coordinates N 1 NAO 83190, East Zone. � r- POB '1 3. Subject to easements, reservations and restrictions of record. O O I 4. Easements shown hereon ore per plot, unless otherwise noted. LINE TABLE LINE LENGTH BEARING L153 11.01 S88'01'00 "W L154 1 11.01 w LOT 10 v to gam ,mown`a srao • Maawuaam m>. rnm. asew+w • w s�x*est • I-- PRDJEtA 110: FIFe£T I J Y I >0� 1C -41 j 0 o 0 0 z O�U oa(L 1 w I I o zs so 100 zoo GRAPHIC SCALE Parcel 714 OR: 4322 PG: 0466 Legal Description The easterly 11,00 feet Lot 7, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. I I I Beginning at the southeast corner of said Lot 7, said point also being on the northerly right -of -way line of Lone Creek Drive; thence South 88'01'00" West along said northerly right -of -way line, a 1 I distance of 11.01 feet; thence leaving said 1 line North 00'50'44" East, a distance of 275.25 feet to the northerly line of said Lot 7; thence North 87'48'19" East along said line, a distance of 11.01 feet to the I northeast corner said Lot 7; thence South 00'50'44" West along the east line of said Lot 7, a distance of 275.29 feet to the r -TRACT L I POINT OF BEGINNING. I Containing 3,026 square feet, more or I less. -11' EXHIBIT 0 NOTES: 3 I 1. This is not a survey. Of Z 2. Basis of bearing is the West line of Q County Road 951 (C.R. 951) being N m u7 I O O I 00'50'44° E, Florida State Plane Coordinates N 1 NAO 83190, East Zone. � r- POB '1 3. Subject to easements, reservations and restrictions of record. O O I 4. Easements shown hereon ore per plot, unless otherwise noted. LINE TABLE LINE LENGTH BEARING L153 11.01 S88'01'00 "W L154 1 11.01 1 N87'48'19 "E 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 70. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. c ri r DAVID J. ATTG .S. M. .,(FOR THE FIRM) FLA. LIC. 0. 5834 `' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. A PORTIONyOF v V n "ALL ,Y W11*Miller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA Tl1lK GOOF.. OFMNN !Yt CIKFD !Yi CIID FRlE: ,mown`a srao • Maawuaam m>. rnm. asew+w • w s�x*est • I-- PRDJEtA 110: FIFe£T GCS00 TMO DJH 1C -41 DWMIFp iii ii 110: pEy; N00154%0U -001 714 OF X 1C -41 1-- �wounnyn: \o�rc \cower Nvd \CH1MHill \1C -41 \Lone Creek Dr - Rattlesnake Hommock.dwg Parcel 115 I � ------- - - - - -- POB L156 ---------- 25' -L-. & D.E. 4 3 000 N a 04 0 LOT 6 15 N a M O O Y 1 tSO� �m N '�0 wgaa CL Ln LOT 7 PARCEI 115 T0' P.U.E. j - - - - - -- - - - - -- �- I j�TRACT L I m I I 1 I o zs so too zoo GRAPHIC SCALE tr U 3 u \ J M N C' LLI J O U OR: 4322 PG: 0467 Legal Description The easterly 15.00 feet of Lot 6, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. I I I Beginning at the northeast corner of said Lot 6, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Sequoia Drive; thence South 00'50'44" West along said westerly I I right -of -way line, a distance of 114.62 feet to the north line of Tract L, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida; thence North 89'09'16" West along said north line and its westerly projection, a distance of 15.00 feet; thence North 00'50'44" East, a distance of 113.82 feet to the southerly I right -of -way line of said Sequoia Drive; I thence North 87'48'19" East along said southerly right -of -way line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 1,713 square feet, more or I less. EXHIBIT-L. PWILOLIL NOTES: 3 I. This is not o survey. J Z2. Basis of bearing is the West line of U I County Rood 951 (C.R. 951) being N o I 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and r I restrictions of record. I I 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light I Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. LINE TABLE E LENGTH LONE CREEK DRIVE 15.00 N89'09'16 "W 6 50' R/W N87'48'19 "E 10' - -- P.U.E.------ - - - --I I- Li 1 LOT 10 a 1 FYI >0` � 0 to ZM, 0 1 Z °oaa I I I w 1 I o zs so too zoo GRAPHIC SCALE tr U 3 u \ J M N C' LLI J O U OR: 4322 PG: 0467 Legal Description The easterly 15.00 feet of Lot 6, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. I I I Beginning at the northeast corner of said Lot 6, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Sequoia Drive; thence South 00'50'44" West along said westerly I I right -of -way line, a distance of 114.62 feet to the north line of Tract L, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida; thence North 89'09'16" West along said north line and its westerly projection, a distance of 15.00 feet; thence North 00'50'44" East, a distance of 113.82 feet to the southerly I right -of -way line of said Sequoia Drive; I thence North 87'48'19" East along said southerly right -of -way line, a distance of 15.02 feet to the POINT OF BEGINNING. Containing 1,713 square feet, more or I less. EXHIBIT-L. PWILOLIL NOTES: 3 I. This is not o survey. J Z2. Basis of bearing is the West line of U I County Rood 951 (C.R. 951) being N o I 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and r I restrictions of record. I I 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light I Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. LINE TABLE E LENGTH BEARING 5 J 15.00 N89'09'16 "W 6 15.02 N87'48'19 "E DAVID J. W%ATT,V1-P11 (FOR' THE" FIRM) FLA. LIC. ✓ 0. 5834. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A� FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 4/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 115lsQsiN/i��er A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA I GCS00 I TMO ,• Iw,� ,art Iw _.. IPIIO,R✓fA � N6015-SOU-001 I�116 OF X IC-41 Ift REV: 0rva \CHZMHJ1 \1C -41 \Lone Creek Dr — Rattlesnake Hammock.dwg ------------ -1- - -- SEQUOIA DRIVE ------ -- ---- -- LOT 6 I PARCEL j 715 114 Parcel 715 I � l7mo' 3 , 00 0 Lt inn 7 p M - I L Moo a N W wa V) I LOT 7 I I I I 10' P.U.E. - - - - - - - - - -- II ONE CREEK DRIVE I 50' I I LOT 10 gam I FYI I >ON 0 zmN o ,„ N 15 W I 1-159 I N D� I �--POB � TRACT L� Li I'a a to Ib b 0 z 0 25 50 100 200 GRAPHIC SCALE 4/06 LO m I LU J J O U / I I I I I I LINE TABLE LINE LENGTH BEARING L157 I D Z 8.01 N87'48'19 "E m U N I I CD LU J J O U / I I I I I I LINE TABLE LINE LENGTH BEARING L157 11.01 S87'48'1 9" W 1-158 8.01 N87'48'19 "E 1-159 3.00 S89'09'16 "E OR: 4322 PG: 0468 Legal Description A portion of Lot 6, Sierra Meadows, as recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning of the southeast corner of said Lot 6, said point also lying on the westerly line of Tract L, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida; thence South 87'48'19" West along the southerly line of said Lot 6, a distance of 11.01 feet; thence leaving said line North 00'50'44" East, a distance of 259.35 feet to the southerly right -of -way line of Sequoia Drive; thence North 87'48'19" East along said line, a distance of 8.01 feet; thence leaving said line South 00'50'44" West, a distance of 113.82 feet; thence South 89'09'16" East, a distance of 3.00 feet to the northwesterly corner of said Tract L; thence South 00'50'44" West along the westerly line of said Tract L, a distance of 145.37 feet to the POINT OF BEGINNING. Containing 2,511 square feet, more or less. EXHIBIT-/ - Pape ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. i 4 DAVID J. H) 3 S.M TT, . (FORS -THF FIRM) FLA. LIC. 0. 5834,. NOT VALID WITHOUTc THE SIGNATURE AND THE ORIGINAL RAISED SEAL' OF A FLORIDA LICENSED SURVEYOR AND MAPPER' '` This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 715lsQniN/��ler A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., ""^ e'°^ '&� - COLLIER COUNTY FLORIDA MW CWCWE pawn er a+tm sr do � ne0=1 NI SHW CCS00 TMO D1H 1C -41 N6015- SOU -001 715 OF X oMwMO 1NOe1t na 1C -41 nEv Ii \­ \CVOIer oiva\c HZMH111 \1C -41 \Lone Creek Dr — Rattlesnake Hommock.dwg I I 25' BERM & L.E. I LOT 5 I I LOT 14 I PARCE 10' P.U.E. 116 —I SEQUOIA DRIVE J TRACT A r-- - - - - -- - N - - -t1 o' O,.m)M P.U.E. MY O gym^ N � �5a uw—i ° a LOT 6 LOT 7 J Parcel 1 16 OR: 4322 PG: 0469 25' L.B.E. I Legal Description & D. E. I I The East 30.00 feet of Tract A, Sequoia Drive, Sierra Meadows, as recorded in Plat Book 39, Pages 11 through 13 of the Troct K Public Records of Collier County, Florida, being more particularly described as follows. I I Beginning at the southeast corner of said 6.5' S.E. Tract A, Sequoia Drive, said point also —AS DESCRIBED IN being the intersection of the westerly O.R. BOOK 2336, 1 right -of -way line of Collier Boulevard and PAGE 1786 1 the southerly right- of -woy line of Sequoia Drive; thence South 87'48'19" West, along J the south line of said Tract A, o distance 130' of 30.04 feet; thence North 0950'44" East, a distance of 76.78 feet to the northerly right -of -way line of said Tract POB A, Sequoia Drive; thence North 87'48'19" East along said northerly right of way line, o distance of 30.04 feet to the northeasterly corner of said Tract A, ui I Sequoia Drive also being a point on the westerly right —of —way line of Collier a Boulevard; thence South 00'50'44" West o along said westerly right of way line, a b b distance of 76.78 feet to the POINT OF I BEGINNING. Z � I Containing 2,303 square feet, more or less. EXHIBIT POW 2L (o ofl Ln NOTES: I 1. This is not a survey. 0 25 W 100 200 GRAPHIC SCALE O I Z > - Q O m I U O K w J O U I I I I LINE TABLE LINE LENGTH BEARING L71 30.04 N87'48'19 "E L72 76.78 S00'S0'44 "W L73 30.04 S87.48'19"W L74 76.78 N00'50'44 "E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right— of —Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 1 J. HYA 4P- DAVID (FOR THE FIRM) FLA. LIC. N - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL. OF A; FLORIDA LICENSED SURVEYOR AND MAPPER CH21,11HILL 3/06 This is NOT a Survey. SKETCH & A PORTIONS OFIPTION OF PARCEL 116 Wi/Mil/er SECTION 27, TOWNSHIP 50 S., RANGE 26 E., ""'�° " "'"" °w -L-b°°• "� COLLIER COUNTY FLORIDA "'° ""° nmc 000Q oeaM sn a+aa ea ow rare rla�T na aHe�r olv4wio wot r RM GCS00 TMO D!H 1C -41 N6015-SOU -001 116 OF X IC -41 ­ 1e1 cu.o — io:aa:zu iU]tlURN51X: \5UR \co11ier b1vd \CH2MHill \1C -41 \L0ne Creek Or — Rattlesnake Hommock.dwg 25' BERM - & L. E. LOT 5 LOT 14 PARCEL 716 10' P.U.E. I SEQUOIA DR TRACT A - - - -- I 1-0 P.U.E. rn O Y I on- M O mN of a wga V) LOT 6 I I I I I I I I LOT 7 I I I I I I I IS Parcel 716 -25' L.B.E. & D.E. (Tract K 6.5' S. E. AS DESCRIBED IN O.R. BOOK 233, 6' PAGE 1786 --30' f P 0 C I I I J i w I c I a 0 LO c Z 0 25 50 100 200 GRAPHIC SCALE 30.04 -58748' 19 "W I POB Ln I I I I I I I I � I I m I O of Z Q m CD U O Ld 0 O U I I I I I I I I I I I LINE TABLE LINE LENGTH BEARING L75 26.04 587'48'19 "W L76 76.78 N00'50'44 "E L77 25.04 N87'48'1 9" E L78 76.78 S0950'44 "W OR: 4322 PG: 0470 Legal Description The West 26.00 feet of the East 56.00 feet of Tract A, Sequoia Drive, Sierra Meadows, cs recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Tract A, Sequoia Drive, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Sequoia Drive; thence South 87.48'19" West, along the south line of said Tract A, Sequoia Drive, a distance of 30.04 feet to the POINT OF BEGINNING; thence continue South 87.48'19° West, along said southerly right -of -way line, a distance of 26.04 feet; thence leaving said southerly line North 00.50'44" East, a distance of 76.78 feet to the northerly right -of -way line of Tract A, Sequoia Drive; thence North 87'48'19" East, along said northerly right -of -way line, a distance of 26.04 feet, thence leaving said line South 00'50'44" West, a distance of 76.78 feet to the POINT OF BEGINNING. Containing 1,997 square feet, more or less. EXHIBIT NOTES: Paper_ ofd 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. .i,� cam- > fki DAVID J. HY T, P; .ib (0 THE FIRM) FLA. LIC. 5834 , : F NOT VALID WITHOUT "THE SIGNATURE�AND THE ORIGINAL RAISED SEA& ,OF A FLORIDA LICENSED SURVEYOR AND MAPPER'' CH2HHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 716 A PORTION OF WilsQn►Mil/er SECTION 27, TOWNSHIP 50 S., RANGE 26 E., "`" �°^ °^°�- r* COLLIER COUNTY FLORIDA `�°" "° "`" TIM coos oaM►1 W- OM Ia oe MM PST Ia miEr GCS00 TMO DJH IC -41° N6015- SOU -001 716 OF X owls wont no IC -41 _­ v�ovmvcp,: \oun \cower blvd \CH2MH1ll \1C -41 \Lone Creek Dr - R011leelCke Hammock.dwg IR- 4399 Pr,- n471 POrC81 117 Legal Description A portion of Lot 4, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as I follows. I I RATTLESNAKE—HAM MOCK ROAD , TRACT G --t -- 25' L.B.E. D.E. 124' ACCESS EASEMENT _ AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 LOT 5 25' L. K� J r10' P.U.E. \ \ \' - 1------ - - -fl\ 1 L146 SEQUOIA DRIVE TRACT A 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 (SEE NOTE 17) 1, 2 L.B.E. & D.. - 0 N of N 3 a a 0 0 0 N 45 ------------ - - -Y._ I LOT 6 I I I 0 ID bubo 100 200 GRAPHIC SCALE P I I ,5, I J Q z o 2'mL Uo N � � I w I J J U J I I u I 0 � I J 6.5' S.E. _ AS DESCRIBED O.R. BOOK 233 PAGE 1786 I I I EXHIBIT A Papa�B of-tiL LINE TABLE LOT 4 rn BEARING L145 12.00 Q0 L146 wo �m� S87'48'19 "W L148 75.11 caw wga CD ~ a V) o n MW cane a Dawn er ar®x Go w P10=1 ra a a 0 124' ACCESS EASEMENT _ AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 LOT 5 25' L. K� J r10' P.U.E. \ \ \' - 1------ - - -fl\ 1 L146 SEQUOIA DRIVE TRACT A 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 (SEE NOTE 17) 1, 2 L.B.E. & D.. - 0 N of N 3 a a 0 0 0 N 45 ------------ - - -Y._ I LOT 6 I I I 0 ID bubo 100 200 GRAPHIC SCALE P I I ,5, I J Q z o 2'mL Uo N � � I w I J J U J I I u I 0 � I J 6.5' S.E. _ AS DESCRIBED O.R. BOOK 233 PAGE 1786 I I I EXHIBIT A Papa�B of-tiL LINE TABLE LINE LENGTH BEARING L145 12.00 N89'09'1 6 "W L146 63.09 S87'48'19 "W L148 75.11 N87'48'19 "E Rev 2) Revised per design changes 06/06 Rev 1) Revised distance in description & R/W width 03/06 Beginning at the northeast corner of said Lot 4, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 0950'44" West along said westerly right -of -way line, a distance of 259.50 feet to the northeasterly corner of Tract K, Sierra Meadows, as recorded in Plat Book 39, pages 11 -13 of the Public Records of Collier County, Florida; thence North 89'09'16" West along the northerly line of said Tract -K, a' distance of 12.00 feet to the northwesterly corner of said Tract K; thence South 00'50'44" West, along the westerly line of said Tract K, a distance of 288.90 feet to the southwesterly corner of said Tract K, said point lying on the northerly right -of -way line of Tract A, Sequoia Drive; thence South 87'48'19" West along said northerly right -of -way line, a distance of 63.09 feet to the southeast corner of Lot 5; thence North 00'50'44" East, along the easterly line of said Lot 5 and its northerly projection a distance of 547.76 feet to the north line of said Lot 4; thence North 87'48'19" East along said north line, a distance of 75.11 feet to the POINT OF BEGINNING. Containing 0.8636 acres, more or less. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. The description of the sign easement in O.R. Book 3070, page 1475 potentially creates an overlap of 0.01' with the parcel described hereon, depending on interpretation, r �VV7 DAVID J. HYA P.S (FOR THE FIRM) FLA. LIC. N0. 5834 ,. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. ;)nnrDx ac UI;6l;H1P'1'lON OF PARCEL 117 A PORTION OF Wlls¢�iMlller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA MW cane Dawn er ar®x Go P10=1 ra mEEr GCS00 TMO D1H IC -41 N8015- SOU -001 117 OF % on�wMa soot Na IC -41 W. —.1— iwoUnivy A: \aUK \cower blvd \CH2MHd1 \1C -41 \Lone Creek Dr — Rattlesnake Hammock.dwg J LOT 3 Parcel 517 OR: 4322 PG: 0472 I I RATTLESNAKE—HAM MOCK ROAD 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 POB I ----------------------------------- ------ --- -- _-- - TRACTG N87'48'19 "E 272.38' o 75' nn-r.. on UI Oi9 iA' J I25' L.B.E. PARCEL & D.E. 517 LOT 4 SIERRA MEADOWS PLAT BOOK 39 PAGES 11 -13 I I I I Li I v 0) ry p v� Q Y O V O Z -J M N I I LJ 24' ACCESS EASEMENT AS DESCRIBED IN U O.R. BOOK 2909, PAGE 1531 �: _r - -- -- K Tract , -- - r-- - - -- - -- LOT 5 I II I 1 Legal Description The North 11.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, as recorded in Plat Book 39 pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northwest corner of said Lot 4, said point also lying on the southerly right -of -way line of Rattlesnake Hammock Road; thence North 87*48'19" East along said southerly right -of -way line, a distance of 272.38 feet to a point on the West line of the East 75.00 feet of Lot 4; thence South 00'50'44" West along said line, a distance of 11.02 feet; thence leaving said line South 8748'19" West, a distance of 272.38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, a distance of 11.02 feet to the POINT OF BEGINNING. Containing 2,996.18 square feet, more or less. 0 25 50 100 200 GRAPHIC SCALE EXHIBIT P. Pa"L ofIL LINE TABLE LINE LENGTH BEARING_ L170 11.02 I S00'50'44 "W 1171 11.02 1 N00'50'44 "E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LS 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. d`Jt�a DAVID J. ATT, .S.M. THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH DESCR OF PARCEL 517 OFIPT[ON Wil*miller °' SECTION 27, TOWNSHIP 50 S., RANGE 26 E„ COLLIER COUNTY, FLORIDA b" WA*v. V= cane owru W- MW x as FM Pno�1T no aHEEr GCS00 TM 0 I DJH IC -41 N0015- SOU -001 517 OF X owtwwo war IC -41 aEv Mar 09, 2006 — 15:14:36 T0S80RNE,X: \SUR \co1lier b1vd \CH2MHi11 \1C -41 \Lane Creek Dr — Rattlesnake Hommock.dwg Parcel 717 OR: 4322 PG: 0413 I I RATTLESNAKE-HAM MOCK ROAD POC 3'x4' SIGN EASEMENT S00'50'44 'W 11.02' O.R. BOOK 3070, P. 1475 ------- --- -- POB------ ---- -- TRACT- t 75' -- -- -.�, 11-= '- - --ly I 125' L.B.E. PARCEL 5 & D.E. 717 w LOT 4 o rn LOT 3 1 I Ln I SIERRA MEADOWS p 3 Q PLAT BOOK 39 z \ Z PAGES 11 -13 I I J I U O I m N 1 I W 24' ACCESS EASEMENT DESCRIBED AS - - - -- r O.R. BOOK 2909, PAGE 51 j U r- ----- -- - - -- I IN 1 I _- - - -_ I ] I Tract K t \ - r------- - - ---� LOT 5 Legal Description The South 5.00 feet of the North 16.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northwest corner of said Lot 4, said point also lying on the southerly right -of -way line of Rattlesnake Hammock Road; thence South 00'50'44" West along the west line of said Lot 4, a distance of 11.02 feet to the POINT OF BEGINNING; thence North 87'48'19" East, a distance of 272.38 feet to a point on the West line of the East 75.00 feet of Lot 4; thence South 00'50'44" West along said line, a distance of 11.02 feet; thence leaving said line South 87'48'19" West, a distance of 272.38 feet to the westerly line of said Lot 4; thence North 00'50'44" East along said westerly line, a distance of 11.02 feet to the POINT OF BEGINNING. Containing 1,361.90 square feet, more or less. 0 25 50 100 200 GRAPHIC SCALE EXHIBIT Paga 2.$ of LINE TABLE LINE LENGTH BEARING L174 5.01 1 S00'50'44 "W 1-175 5.01 I N00.50'44 "E NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. ATT, .M. (FOR THE FIRM) FLA. LIC. N0. 58 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF FLORIDA LICENSED SURVEYOR AND MAPPER CH20ILL 6/06 This is NOT a Survey. SKETCH DESCRIPTION OF PARCEL 717 A PORTION OF w1wisoMiller SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA°"" MW CCCC /h Cf�DJ an CM FRLi awe+rM. awxa.lroy rvu mien • rm. fseooa. w rsx»w . wew. ...rm,+.c.. MIO,Ri.T 1! 9EEF GCS00 TKO TMO DJH 1C-41 MV" IIM ND: pEy; N6015 -SOU -001 717 CF X 1C-41 •�• ._• cwa - io:iw:oo iwtlurcrvgx: \JUH \collier blvd \CH2MHi11 \1C -41 \Lone Creek Dr - Rolllesnake Hammock,dwg I �I I TRACT C I _ TRACT R -1 _ I y TRACT B I 1 I I I 17' P.U.E. j i I PARCEL 118 \ I I I 20' -.E.-- TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 I I I I I I I - - TRACT H Parcel 1 18 I � I I POB 00 I I 00 I Ln a U \ Z taf v > U� oJ L D7 Ld IZ OJ I U I 1 RATTLESNAKE HAMMOCK_ROAD 100' R/W TRACT G LOT 4 --------------- SIERRA MEADOWS PLAT BOOK 39 PAGES 11 -13 I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L79 20.00 N8,9'05'1 6"W 180 47.41 N00'50'44 "E 181 20.00 S89'OS'50 "E L82 47.39 SOO'50'44 "W OR: 4322 PG: 0414 Legol Description A portion of Tract A, Noples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of said Tract A. said point also lying on the westerly right- of -woy line of Collier Boulevard; thence South 00'50'44" West, along said westerly right -of -way, a distance of 47.39 feet; thence leaving said line. North 89'09'16" West, o distance of 20.00 feet; thence North 00'50'44" East, a distance of 47.41 feet to the north line of said Tract A; thence South 89'05'50" East along said northerly line, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 948 square feet, more or less. EXHIBIT Paper ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. OHYA DAVID .S.M . (FOR THE FIRM) FLA. L34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CH2MHILL 3/06 This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 118lsQnilNi��er A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., """" �°�^•l•°^ COLLIER COUNTY, FLORIDA .,...m.,,FM,M.JWFM.. 11= CODE MM fm Of = ft DAD FLO FR1NIM NDc ; Er oM11NO frfW Pqt GCS00 TMO DJH 1C -41 N8015- SOU -001 118 OF X 1C -41 iUo DUMINL[A: \ouN \collier b1vd \CH2MHi11 \1C -41 \Naples Lakes Shopping Center.dwg Parcel 718 LL- TRA TRACT C 1 I I �YRACT B I � I I I ---17' P.U.E. � i I I PARCEL POB 718 85 N89'05'50 "w a 10 20.00' POC 8' Imo-- 20' L813 I I � I 20' I--- 1,i � 3 TRACT A U -J < \ �\ NAPLES LAKES 10 ° j 1 U SHOPPING 10 -J U-) I O CENTER 0 N OOK 3 PAGES I Z OJ I I U I I I I I I I TRACT H — — I RATTLESNAKE HAMMOCK -ROAD 100' R/W TRACT G LOT 4 _ _ SIERRA MEADOWS PLAT BOOK 39 PAGES 11 -13 1 i 0 25 SO "1 ]00 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L83 600 N89'09'1 6"W E84 47.42 N00.50'44 "E L35 8.00 S89'05'50 "E L86 47.41 500'50'44 "W Rev 1) Revised distance in description 03/06 OR: 4322 PG: 0415 Legal Description A portion of Tract A. Noples Lokes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northeast corner of said Tract A, said point also lying on the westerly right -of -way line of Collier Boulevard; thence North 89'05'50" West along the northerly line of said Tract A, a distance of 20.00 feet to the POINT OF BEGINNING; thence leaving said line South 00'50'44" West, a distance of 47.41 feet; thence North 89'09'16" West, a distance of 8.00 feet; thence North 00'50'44" East, a distance of 47.42 feet to the northerly line of said Tract A; thence South 89'05'50" East along said northerly line, a distance of 8.00 feet to the POINT OF BEGINNING. Containing 379 square feet, more of less. EXHIBIT Pau* 3 0 of-LLL NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAO 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. t DAVID J. Hy T, P. - (FOR- THE FIRM) FLA, LIC 58 . N 34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL` - OFr ,A; FLORIDA LICENSED SURVEYOR AND MAPPER - This is NOT a Survey. A PORTION OF yu� yV Wil*mNer SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA TAmc aaoc 0ma ft sn cm me PIONW1 NO: 3HW oRAwra woof No: GCS00 TMO DJH 1C -41 N6015- SOU -001 1 716 of X 1C -41 REV: ^ w� �wuier orva\c HZM Htu \1C -41 \Naples Lakes Shopping Center.dwg LI I TRACT C _TRACT R -1 _ I - I— — — — — — - -- 1 15' F.P.L.E. t Q.R. BOOK 2980 - I P. 3120 0 t--17' P.U.E. o vi v TRACT B PARCEL 119 L I 1 I I I I I I I I TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 I I I I I I I - - - - - - - - - - - - - - - - - TRACT H - - Parcel 119 -POB SIGN EASEMENT 25' O.R. BOOKI 3151 PAGE 3212 15' � a 0 ,ri 4 O 0 V) I 20' L.E. 20' I I I I I Ln or J\ a v\ Z z ° j U 0 10 J L 0] N cif IZ W OJ I U r t RATTLESNAKE HAMMOCK_ROAD 100' R/W TRACT G LOT 4 ------ --- - - --- --I SIERRA I MEADOWS I PLAT BOOK '9 PAGES 1 1 -113 I I REV 1) REVISED TO ADD F.P.L.E. 03/06 TMO/1965 CH2MHILL 3/06 Legal DescripAR: 4322 PG: 0476 A portion of Tract B, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of said Tract B, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West, along said westerly right -of -way line, a distance of 165.19 feet to the southeasterly corner of Tract B; thence North 89'05'50' West, along the southerly line of said Tract B, a distance of 20.00 feet; thence leaving said south line, North 00'50'44" East, a distance of 13.88 feet; thence South 89'09'16° East, a distance of 5.00 feet; thence North 00'50'44" East, a distance of 145.00 feet; thence North 89'09'16" West, a distance of 10.00 feet; thence North 00'50'44" East, a distance of 18.23 feet to the southerly right -of -way line of said Tract R -1 and the point of curve of a non tangent curve to the right, of which the radius point lies South 09'36'04" West, o radial distance of 48.00 feet and having a chord bearing of South 63'37'42" East, a chord distance of 27.70 feet; thence southeasterly along said southerly right -of -way and the arc, through a central angle of 33'32'48 ", a distance of 28.10 feet to the POINT OF BEGINNING. Containing 2,797 square feet, more of less. EXHIBIT NOTES: Pep® 3 1 of I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44 " E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Officiol Records. 11. L.B.E. represents Landscape Buffer Easement. 72. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. r. � ' d-�GVr r� DAVID J. T, .M.. (FOR. ✓THE, FIRM) FLA. LIC. CO. N 5834, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A, FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH &DESCRIPTION OF PARCEL 119 A PORTION OF WilsQ�iM/Iler SECTION 15, TOWNSHIP 50 S., RANGE 26 E., """" �"^•°"'°-°'+- >* COLLIER COUNTY FLORIDA rA9C cane MMIIN71 Mm CHM MM do FM PIAMM NO: 3HW GCS00 TMO DJH 1C -41 N6015- SOU -001 119 aF X aMawio Hoot do: IC -41 PEV: . QVo nqA: \aun \C01lier b1vd \CH2MHi11 \1C -41 \N0ples Lakes Shopping Centecdwg I I I I I I TRACT C I I I I TRACT R -1 �------ --- 15' F.P.L.E. O.R. BOOK 2980 .�.... I P. 3120 w I ° . x-17' P.U.E. 0. al o ° U') a b� Lri TRACT 8 Parcel 719 I I SIGN EASEMENT /O.R. BOOK 31 1 PAGE 3212 8' -15' I Z N PARCEL 2 20' L.E. 719 8, L9 L93 20' L95 9941 POC 20.00' N89'OS'S0" W PC I I I I I I I I TRACT A -� NAPLES LAKES U 0 I SHOPPING lb U CENTER 0 .. PLAT BOOK 36 Iz Q PAGES 98 -99 > m N I I I I I W '- l O - - _ TRACT H - -JJ I I I I RATTLESNAKE HAMMOCK —ROAD 100' R/W TRACT G LOT 4 SIERRA I MEADOWS {I PLAT BOOK Y9 PAGES 11 -113 I Z loo zoo GRAPHIC SCALE REV 1) REVISED TO ADD F.P.L.E. C112MHILL 3/06 SKETCH & DE A PORTION SECTION 15 GCSOO 03/06 TMO/1965 SCHIPTION OF PARCEL 719 OF TOWNSHIP 50 S., RANGE 26 E., W en I aau sn aw IM TMO DJH 1C -41 Legal DescripM 4322 PG; 0477 A portion of Tract B, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of said Tract B, said point being on the westerly right -of -way line of Collier Boulevard; thence North 89'05'50" West, along the southerly line of said Tract B, a distance of 20.00 feet to the POINT OF BEGINNING; thence continue North 89'05150" West, along said southerly line, o distance of 8.00 feet; thence leaving said line North 00'50'44" East, a distance of 13.87 feet; thence South 89'09'16" East, a distance of 5.00 feet; thence North 0950'44" East, a distance of 145.00 feet; thence South 89'09'16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 145.00 feet; thence North 89'09'16" West, a distance of 5.00 feet; thence South 00'50'44" West, a distance of 13.88 feet to the POINT OF BEGINNING. Containing 1,271 square feet, more of less. EXHIBIT Paya-�L of-al- NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Paint of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. DAVID ✓� MY T, .M. (FOR -THE FIRM) FLA. LIC. 5 604 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. r il*Mlller -.9 u" n. '80- - eo,py,,. wr«ysark4 N6015 -SOU -001 I 719 Of X 11C -41 . -- u— \�nZmnw \it;— o-1 \Nopies Lakes Shopping Center.dwg I I I I I TRACT C I I ,--17' P.U.E. I I R -1 AARCEL� 120 i TRACT 6 20 I I I I I I I I L. E. I I I I w I a a IN C, 0 z I I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 I I I I TRACT A j I I I I I I I I ---------- - - - - -J Parcel 120 1 0 0 n III -` I - 25' POB I I I I I 1 zm Q Of U O Of U 3 J Ln D] N I Of LJ J J 0 I I I I I I I I I I I I I RATTLESNAKE_ HAMMOCK ROAD - - 1 00' _ R/W - - - X 0 25 50 100 200 GRAPHIC SCALE EXHIBIT POW ofd LINE TABLE LINE LENGTH BEARING L98 38.67 N00'S0'44 "E CURVE TABLE CURVE 1 RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C8 I 48.00 Ji 5,5-,52'48 J 28.10' 14.47 27.70' N63'37'42 "W C9 f 48.00 1 43'38'09" 1 36.56' 19.22 35.68' N45'19'39 "E Rev 1) Revised bearing in description 03/06 C_H2MHILL 3/06 SKETCH & DESCRIPTION OF PARCEL 120 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E„ Legal DescripQR.- 4322 PG: 0478 The easterly 25.00 feet of Tract R -1, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of said Tract R -1, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the left, of which the radius point lies South 43'08'32" West, a radial distance of 48.00 feet and having a chord bearing of North 63'37'42" West, a chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R -1 and the arc, through a central angle of 33'32'48 ", a distance of 28.10 feet; thence leaving said line North 00'50'44" East, a distance of 38.61 feet to the northerly right -of -way line of said Tract R -1 and a point of curve of a non tangent curve to the left, of which the radius point lies North 22'51'15" West, a radial distance of 48.00 feet and having a chord bearing of North 45'19'39" East, a chord distance of 35.68 feet; thence northeasterly along said northerly right -of -way line and the arc, through a central angle of 43'38'09 ", a distance of 36.56 feet to the westerly right -of -way of said Collier Boulevard; thence South 00'50'44" West along said line, a distance of 76.00 feet to the POINT OF BEGINNING. Containing 1,312 square feet, more of less. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C-R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. D.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 75. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L. E. repersents Landscape Easement. DAVID J. HY41 T, (FOR -THE. FIRM) FLA. LIC. N 5834 ' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF , A'FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WiIsomiller GCSOO�TMO�DJHI 1C -41 I N8'I' OU -001 17120 OF X I'IC -41 B0: I� -ovnivgn: \oury \copier b1vd \CH2MHi11 \1C -41 \Naples Lakes Shopping Center.dwg I I I I TRACT C I j- -17' P.U.E. I �-IKHI.I K -7 1t 0L0_ CT B 20' L�O5 . Ei. 0 - -r I I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 I I I TRACT A I I I I I I I I I __ - - -_ -_J Parcel 720 1 PARCEL i 720 I `POC { I `POB I I I I Ln : Uzz PG: U4,19 Legal Description i V A portion of Tract R -1, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as I follows. I Commencing at the northeast corner of Tract B of said Naples Lakes Shopping Center, said point also being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the left, of which the radius point lies South 43'08'32" West, a radial distance of 48.00 feet and having a chord bearing of North 63'37'42" West, a chord distance of 27.70 feet; thence I northwesterly along the southerly line of said Tract I R -1 and the orc, through a central angle of 33'32'48 ", o distance of 28.10 feet to the POINT OF BEGINNING and the beginning of a curve to the left, of which the radius point lies South 09'35'54" West, a radial distance of 48.00 feet and having a chord bearing of North 8446'47" West, a chord distance of 7.33 feet; thence westerly along said southerly right -of -way line and the arc, through a central angle of 08'45'27', a distance of 7.34 feet; thence North 89'09'17" West, along said right -of -way line, a distance of 29.51 feet; thence leaving said line North 44'09'16" West, a distance of 7.33 feet; thence North 00'50'44" East, a J distance of 28.82 feet to the northerly Q right- of -woy line of said Tract R -1 then S th v N CURVE z ¢ - I ce ou I 89'09'17" Ecst, along said northerly right of way LENGTH 1 U line, a distance of 22.71 feet to a point of curve o° v 3 33'32'48" to the left having a radius of 48.00 feet, a central Z \ 589'09'17 "E I angle of 23'41'58 ", and a chord bearing of North S00'50'44 "W 3.67 7.33' N84'46'47 "W 78'59'43" a chord distance of 19.71 feet; 48.00' Ln I I thence easterly terly along the northerly right -of -way I m N I line of said Tract R -1 and the orc a distance of (if 19.85 feet; thence South 00'50'44" West, a w I I distance of 38.61 feet to the POINT OF BEGINNING. J J O I I I I I I RATTLESNAKE HAMMOCK 100' R/W W 0 25 50 100 200 GRAPHIC SCALE I I I I I I I I ROAD Cv{,�JI IEX ,IBIT.A- Pepe- of-±L Containing 1,442 square feet, more or less. NOTES: I. This is not a survey. ABLE CURVE H BEARING LENGTH 1 N89-09'1 7" CHORD BRG. W38. N44'09'16 "W 33'32'48" N00'50'44 "E 1 27.70' 589'09'17 "E 48.00' S00'50'44 "W CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C8 48.00' 33'32'48" 28.10' 14.47 1 27.70' N63'37'42"W C10 48.00' 08'45'22" 7.34' 3.67 7.33' N84'46'47 "W C11 48.00' 23'47'58" 19.85' 10.07 19.71 N78'59'43 "E CH2MHIL L -.- 3/06 P- wulny �ommen[ UJ /06 SKETCH & DESCRIPTION OF PARCEL 720 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., nnr r rnn ......... - G 00 I ury �MOsrt I OM UP I CAD FL0 11,, ,n 11- na -I 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 72. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public, Utility Easement. 17. L.E. repersents, Landscape Easement. DAVID J. HY PTHE ,FIRM) FLA. LIC. N 5834 - NOT VALID WITHOUT THE ,SIGNATURE AND THE ORIGINAL RAISED SEAL OF A. FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil*m ler a.,.,o,.. Larlgp�. r,.,4 Ni,cawhM WdeoMfler, Fx. 'w awxn. �y numanr. m,. arwn+n. ry AxsaM. wea. ....d.+.m„ N6015 -SOU -001 I 720 OF X I 1C -41 �•�.. •,...m o .ILn1.111l \1C -41 \Naples Lakes Shopping Certer.dwg Lii I I 'I l TRACT D I I I 10' F.P.L.E. O.R. BOOK 3600, -+-I P 1952 -1954 1 I I _J { Ir rr lin,-i S,r ---- 1 25'- a n M TRACT C x--17 P.U.E. o Z 20' L.E. - I PARCEL L 121 __TRACT R -1 F. P. L. E. j O.�R! BOOK 2980 P. 3120 I I TRACT B I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A Is L :r rn 0 M N 0 25 50 too 200 GRAPHIC SCALE Parcel 121 I I � 0) 0) Q Q O U 3 V O v\ I J M N Q W I J J O U i M LINE TABLE LINE I LENGTH BEARING 1-104 1 25.00 S89'06'00" E CURVE TABLE CURVE U12 RADIUS 48.00' I DELTA 43'38'09" LENGTH 36.56' TANGENT 1 '9.4z CHORD 35.68' CHORD BRG. I S45'19'39 "W Rev 1) mevlsea bearing direction 03/06 Legal DescyAion 4322 PG: 0480 The East 25.00 feet of Tract C and the South 5.00 feet of the East 25.00 feet of Tract D, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the right, of which the radius point lies North 66'29'27" West, a radial distance of 48.00 feet and having a chord bearing of South 45'19'39" West, a chord distance of 35.68 feet; thence southwesterly along the northerly right -of -way line of Tract R -1 and the arc, through a central angle of 43'38'09 ", a distance of 36.56 feet; thence leaving said line North 00'50'44" East, a distance of 256.42 feet to the northerly line of the south 5.00 feet of said Tract D; thence South 89'06'00" East along said line, a distance of 25.00 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said line, o distance of 230.94 feet to the POINT OF BEGINNING. Containing 6,174 square feet, more or less. EXHIBIT Paw 35Aof-4�_ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape, Easement. DAVID J. HY T, P, (FOR' -'THE, FIRM) FLA. LIC. N 5834 "" � S. NOT VALID WITHOUT THE SIGNATURE'ANO THE ORIGINAL RAISED SEAL OF;A FLORIDA LICENSED SURVEYOR AND MAPPER,/„4",'"" This is NOT a`Suryey. -.. _......��� A PORTION OF .ti. /Miller _k SECTION 15, TOWNSHIP 50 S., RANGE 26 E., "° "'�^° °^-• ** COLLIER COUNTY, FLORIDA T C7OI10E olawn Br CMU ers Ow Mill F IMI to aKST GCS00 TMO DJH 1C -41 N8015-S0U -001 121 OF X DROM Ill III 1C -41 R -- % —%—HeF v1va \i,n[Mn1ll \1C -41 \Naples Lakes Shopping Center.dwg I I� I I � TRACT D i I III 17' P.U.E. II 10' F.P.L.E. BOOK 3600,- ,, O.R. \P 1952 - 1954,1: I� TRACT R -1 C1, X1,5 �R, BOOK 2980 1 /I/ P. 3120 ` I TRACT B I I I I I I I I � NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A J 0 15 50 100 200 GRAPHIC SCALE Parcel 721 I I I I I I I I I L 0) Z a I U O I J n M (V 1 LU J J O U POC EXHIBIT papa 35 3o 'ia_ LINE TABLE LINE L 5, BEARING 25' I 8.00 8' CHORD BRG, C12 L I 4338'09" a N 1 35.68' 545'19'39 "W C13 w � I 1 "0 1 4.24 j TRACT C V1 I b o z I 20' L.E.-I--- (PARCEL I I 721 TRACT R -1 C1, X1,5 �R, BOOK 2980 1 /I/ P. 3120 ` I TRACT B I I I I I I I I � NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A J 0 15 50 100 200 GRAPHIC SCALE Parcel 721 I I I I I I I I I L 0) Z a I U O I J n M (V 1 LU J J O U POC EXHIBIT papa 35 3o 'ia_ LINE TABLE LINE I LENGTH BEARING L105 I 8.00 S89'06'00 "E CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG, C12 48.00 4338'09" 36.56' 1 19.22 1 35.68' 545'19'39 "W C13 48.00' 10'05'30" 1 "0 1 4.24 1 8.44' 572'11'29 "W Rev 1 ) CH2MHILL �wvu cu bearing airec[lon U3 /06 SKETCH & DES A PORTION SECTION 15, Cl GCS00 tiK1P11UN OF PARCEL 721 OF TOWNSHIP 50 S., RANGE 26 E., Iwn Dr. I QED OV% I CAD RM TMO DJH 1C -41 Legal DescriptioOR: 4322 PG: 0481 The West 8.00 feet of the East 33.00 feet of Tract C and the South 5.00 feet of the West 8.00 feet of the East 33.00 feet of Tract D, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right -of -way line of Tract R -1 and the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the right, of which the radius point lies North 66'29'27" West, a radial distance of 48.00 feet and having a chord bearing of South 45'19'39" West, a chord distance of 35.68 feet; thence southwesterly along the northerly right -of -woy line of said Tract R -1 and the arc, through a central angle of 43'38'09 ", a distance of 36.56 feet to the POINT OF BEGINNING; and the beginning of a curve to the right, of which the radius point lies North 22'51'16" West, a radial distance of 48.00 feet and having a chord bearing of South 72'11'29" West, 8.44 feet; thence westerly along the northerly right -of -woy line of said Tract R -1 and the arc, through a central angle of 10'05'30 ", a distance of 8.45 feet; thence leaving said line North 00'50'44" East, a distance of 259.13 feet to the northerly line of the south 5.00 feet of said Tract D; thence South 89'06'00" East along said northerly line, a distance of 8.00 feet; thence leaving said line South 0950'44" West, a distance of 256.42 feet to the POINT OF BEGINNING. Containing 2,063 square feet, more or less. NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents�,Londscope. Easement. el DAVID J. HY TT, .M:' (FOR THE' FIRM) FLA. LIC. N 5834 ' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL `'OF: ,,'A�IQ'ORIOA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil*miller ww. • ep,,,,. emyr. ev,yn. • Wbv'pwWSY . n.wn.n a.an W1wM41er he N6015- SOU -001 I 721 OF X 1C -41 Oma�CHZMHiII \1C -41 \Naples Lakes Shopping Center. dwg I I III TRACT D -17' P.U.E. 20' L.E.- �t- 10' F. P.L. E. L10 O.R. BOOK 3600, \P 1952 -1954 n y: m 0 0 rr PARCEL 5 / % 122 - -- TRACT C TRACT R -1 r�z -- -- /10 F.P.L.E. 1 16 R. BOOK 2980 P. 3120 I TRACT B I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A I I Li a a 0 N to 0 I z Parcel I I I I I 122 OR: 4322 PG: 0482 Legal Description A portion of Tract D of Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows, .-POB 5.00' - N.00'50'44" E. POC I ' I I I I I I Q C U � L M N I W J J I O I U I I LINE TABLE LINE LENGTH BEARING -- -106 25.00 N89'06'00 "W L107 51.06 N00'50'44 "E a zs so 1oa zoo L108 25.00 589'09'16 "E GRAPHIC SCALE L109 51.09 SOO'50'44 "W Rev 1) Revised bearing direction 05/06 CH214HILL 3/06 SKETCH & DESCRIPTION OF PARCEL 122 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY. FLORT11A Lai Commencing at the southeast corner of Tract D of said Noples Lakes Shopping Center, said point also lying on the westerly right -of -way line of Collier Boulevard, thence North 00'50'44" East along said line, a distance of 5.00 feet to the northerly line of the south 5.00 feet of said Tract D and the POINT OF BEGINNING; thence North 89'06'00" West along said line, a distance of 25.00 feet; thence leaving said line North 00'50'44" East, a distance of 51.06 feet; thence South 89'09'16° East, a distance of 25.00 feet to the westerly right -of -way line of said Collier Boulevard; thence South 00'50'44" West along said line, c distance of 51.09 feet to the POINT OF BEGINNING. Containing 1,277 square feet, more or less. EXHIBrr -L- paqeaA cal 4i. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. DAVID J. H TT, .M. (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wil*miller Mr..6�.. Fes„ �,7y, • IWeW NdA.[b . T /yN�ln CgMaM. whgN.laer, ma- .,, erw. r1w.rm..wm+v,. rnnr >.cco. e., 1sn.aw. waa. u W. flE PROT NO: OS00 TMo .DJH I 1C -41 N6015- S OU -00 9aE1E2T 2 OF Rp0 I NO: -_- Mar 14, 2006 - 08:29:39 TOSBORNEIX: \SUR \collier blvd \CH2MHi11 \1C -41 \Naples Lakes Sho Aping Centecdwg Parcel 722 I II I I I III I I I I I I II TRACT D I I 1 17' P.U.E. 10' F.P.L.E. Y1 O.R. BOOK 360 20' ! j LEL1 Ij P 1952 -1954 1 I PARCEL 8 �I 25.00 1 I 722 N89'06'00 "W 25' 5.00 r - - -L1T I- N00'50'44 ' E 1-5, POC IP08 I I I I I I I j I w I I I Iv I TRACT C o 1 O I j IZ I I I I I Ln 0 J \ z TRACT R -1 U o LS' F. P. L. E. TY--.. v� ti .i2. BOOK 2980 J ) P. 3120 m TRACT B Ld 1 I J I I I I I I NAPLES LAKES SHOPPING CENTER I PLAT BOOK 36 PAGES 98 -99 j I I I I I I I TRACT A I I I I I 1 I I � I J 0 25 50 100 200 GRAPHIC SCALE Rev 1 ) CH2MHILL Revised bearing in description LINE TABLE LINE LENGTH BEARING 1-110 8.00 N89'06'00 "W 1-111 51.06 N00'50'44 "E 1-112 8.00 S89'09'16 "E 1-113 51.06 S00'50'44 "W 03/06 SKETCH & DESCRIPTION OF PARCEL 722 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FI.ORMA Legal Description OR: 4322 PG: 0483 A portion of Tract D of Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the southeast corner of Tract D of said Naples Lakes Shopping Center, said point also lying on the westerly right -of -way line of Collier Boulevard, thence North 00'50'44" East along said westerly right -of -way line, a distance of 5.00 feet to the northerly line of the south 5.00 feet of said Tract D; thence North 89'06'00° West along said north line, a distance of 25.00 feet to the POINT OF BEGINNING; thence North 89'06'00" West along said north line, a distance of 8.00 feet; thence leaving said line North 00'50'44" East, a distance of 51.06 feet; thence South 89'09'16" East, a distance of 8.00 feet; thence South 00'50'44" West, a distance of 51.06 feet to the POINT OF BEGINNING. Containing 409 square feet, more or less. EXHIBIT-,L- Paw 363oit NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. J, � - r DAVID J. HY TT, P. S.''. (FOR'. "THEE FIRM) FLA. LIC. N 5834 '" " NOT VALID WITHOUT,. THE SIGNATURE' AND THE ORIGINAL RAISED: SEAL, OF A FLORIDA LICENSED SURVEYOR AND MAPPER, ; i � This is NOT a Survey. WiisQ mmer "' = N6015- SOU -001 1 722 OF X I 1C -41 Mar 14, 2006 - 08:29:39 TOSBORNEIX: \SUR \collier b1vd \CH2MHi11 \1C -41 \Naples Lakes Shopping Center.dwg J Parcel 723 FUTURE DEVELOPMENT DE, AE, ME, NAPLES LAKES COUNTRY CLUB PLAT BOOK 33 PAGES 8 -15 0 25 •.A ,00 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L114 28.00 N89'05 '48 "W L115 18.00 N00'53'25'E i 20' L.E.---I I I I l i 1' ' �. �• j i`i'i ►�!i!ilO�!i!il�i�. iii ���♦ ♦��♦ � .. • !. C7 C}` i 124.65' 1 DELTA LENGTH 10' I.E. w CHORD BRG. 1 O.R. BOOK 3058, 'a 27*33'03" w PAGE 3228 o 13.33' d v Lr) b l TRACT D b I ° 31.67 52.87' z r w 10' F.P.L.E. 8959'48" 75.40' O.R. BOOK 3600, -L 67.88' 845'84'06 'W a P 1952 -1954 82.00' p 128.80' 81.99 J N45'54'O6"E 1 N6015 -SOU -001 am 1 723 OF X I nEV M N 1-17' P.U.E. I ctf I I NAPLES LAKES r- -I- _J -J I HOPPING CENTER LAT PAGES 98 -99 5' I TRACT C I I I , Legal Description A portion of Tract R -1 of Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of Tract R -1 of said Naples Lakes Shopping Center, said point also lying on the westerly right -of -way line of Collier Boulevard, thence South 00'50'44" West along said westerly right -of -way line, a distance of 84.29 feet to the southerly line of said Tract R -1 and the beginning of a non tangent curve to the left, of which the radius point lies South 2626'45" West, a radial distance of 28.00 feet and having a chord bearing of North 75'19'47" West, 13.33 feet; thence westerly along said southerly line of Tract R -1 for the following 3 courses and the arc, through a central angle of 27'33'03 ", a distance of 13.46 feet; thence North 89'06'00" West, a distance of 124.65 feet to the point of curve to the left having a radius of 48.00 feet, a central angle of 89'59'48 and a chord bearing of South 4554'06" West, a chord distance of 67.88 feet; thence southwesterly along the arc a distance of 75.40 feet; thence leaving said southerly line North 89'05'48" West, a distance of 28.00 feet to the westerly line of said Tract R -1; thence North 00'53'25" East along said westerly line of Tract R -1 for the following 2 courses, a distance of 18.00 feet to the point of curve to the right having a radius of 82.00 feet, a central angle of 89'59'47 ", and a chord bearing of 6. Certificate of authorization LB 43. North 45'54'06" East, a chord distance of 115.96 feet; thence 7. R/W represents Right -of -Way. northeaster) clan the arc, o distance of 128.80 feet; thence olon 8. P.O.B. represents Point of Beginning. y 9 9 9. P.O.C. represents Point of Commencement. the north line of said Tract R -1 the following 2 courses South 89'06'00" East, a distance of 87.39 feet to the point of curve to the 10. O.R. represents Official Records. left having a radius of 48.00 feet, a central angle of 66'50'03 ", and a 11. L.B.E. represents Londscope Buffer Easement. chord bearing of North 57'29'06" East, a chord distance of 52.87 feet; thence northeasterly along the arc a distance of 55.99 feet to the 12. U.E. represents Utility Easement. POINT OF BEGINNING, 13. F. P. L. E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. A. E. repersents Access Easement. as r DAVID J. HYA P: ., (FOR�.THE "FIRM) FLA. LIC. N0: 5834 NOT VALID WITHOUT., THE SiGNATURE'AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, , I-, This is NOT a Survey. I I I 3 Z U O O I I I I EXHIBIT Page lIl JZ NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. Containing 11,872 square feet, more or less. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C14 28.00' 27*33'03" 13.46' 6.86 13.33' N75'1947'W C15 48.00' 66'50'03" 55.99' 31.67 52.87' N5T29'06 'E C28 48.00' 8959'48" 75.40' 48.00 67.88' 845'84'06 'W C29 82.00' 89'59'47" 128.80' 81.99 115.96' N45'54'O6"E CH2MHILL JRL LUH & VE61UR1PTIUN OF PARCEL 723 I �j�/ WII-s miler SECTION N5oTOWNSHIP 50 S., RANGE 26 E., „._ .ba...lsw , -,,,�,...,.,�r„.vd.M,.r.... a COLLIER COUNTY FLORIDA ""'"'""°' � V= cone 0M1 M' sr ca M-1 vwJCt r na �... �.. �. M, .� . �....w.w u~..,« ...... a . GCS00 TMO DJH 1 113-41 1 N6015 -SOU -001 am 1 723 OF X owvmo aa>Ex na IC -41 nEV mar ia, Guub - ub29:39 TaSBORNEIX: \SUR \collier blvd \CH2MH111 \1C -41 \Naples Lakes Shopping Center.dwg J Parcel X OR: 4322 PP: 0485 '` FUTURUR E i I l DEVELOPMENT DE, AE, ME, 20' L.B.E. -I it J It I NAPLES LAKES 5' Si COUNTRY CLUB PLAT BOOK 33 PAGES 8 -15 L.B.E. 10' P.S.U.Fi ,' / i ZD A.E. & P.S.U. _ - -- - C30- 15' WATERLINE EASEMENT 0 25 50 100 200 GRAPHIC SCALE r--- - --- AE L.B.E. 1 � I i I LJ FUTURE DEVELOPMENT DE, AE, ME, Legal Description A portion of Tract R, Inverness Club Drive, Naples Lakes Country Club, as recorded in Plat Book 33, pages 8 through 15 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of Tract R of said Naples Lakes Country Club, said point also being the intersection of the westerly right -of -way line of Collier Boulevard and the southerly right -of -way line of Inverness Club Drive, and the beginning of a curve to the left, of which the radius point lies North 89'09'16" West, a radial distance of 25.00 feet and having a chord bearing of North 44'07'31" West, 35.34 feet; thence northwesterly along said southerly right- of-way line for the following 3 courses and the arc, through a central angle of 89'56'30 a distance of 39.24 feet; thence North 89'09'16" West, a distance of 245.43 feet to a point of curve to the left having a radius of 427.00 feet, a central angle of 01'37'06 ", and a chord bearing of North 89'57'50" West, o chord distance of 12.06 feet; thence westerly along the arc a distance of 12.06 feet; thence leaving said line North 00'42'30" West, a distance of 96.00 feet to the northerly right -of -way line and a point of curve of a non tangent curve to the right, of which the radius point lies South 00'45'40" East, a radial distance of 523.00 feet and having a chord bearing of South 89'57'28" East, a chord distance of 14.66 feet; thence easterly along said northerly right -of -way for the following 3 courses and the arc, through a central angle of 01'36'24 ", a distance of 14.67 feet; thence South 89'09'16" East, a distance of 220.40 feet to a point of curve to the left having a radius of 50.00 feet, a central angle of 90'00'00 ", and a chord bearing of North 45'50'44" East, a chord distance of 70.71 feet to the westerly right -of -way line of said Collier Boulevard; thence northeasterly along the arc a distance of 78.54 feet; thence South 00'50'44" West along said westerly right -of -way line, a distance of 171.00 feet to the POINT OF BEGINNING. Containing 27,912 square feet, more or less. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C16 25.00' 89'56.30" 39.24' 24.97 35.34' N44'07'31 "W C17 50.00' 90'00'00" 78.54' 50.00 70.71' N45'50'44 "E C30 427.00' 1'37'06" 12.06' 6.03 12.06' N89'57'50 "W C31 523.00' 1'36'24" 14.67' 7.33 14.66' 589'57'28 "E Rev 3) Revised per CH2MHILL 04/06 Rev 2) Revised per County Comments 04/06 Rev 1) Revised per CH2MHILL 04/06 CH2MHILL 3/06 r 01 I 3 � a �\ J N Q O Z o J Q O cn mN I UO POB -J U U I I I I I EXHIBIT Pagan of-L12- NOTES: 1. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 17. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. P.S.U.E. repersents Private specific use Easement 18. C.U.E. repersents County Utility Easement 18. A.E. repersents Access Easement DAVID J. HYAT , P. SS. (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. anc,lctt & I7CJUXIF'FIUN UN' PARCEL 725 -- _ A PORT wilsomiller SECT ON1015,OTOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA 7= cone pawn m: awm x: cwo �: reaa.� ra, aH¢r GCS00 TMO DJH IC -41 N6015 -SOU -001 725 OF X oawwa wuex na 1C -41 nEV: -.. Y, cwo - ao:aoy HACUHNNx: \SUH \collier blvd \CH2MHi11 \1C -41 \Naples Lakes Shopping Centsr.dwg TRACT E TRACT H IRACT A w CLUB ESTATES 6t, DRIVE O a 0 00' R /W- o (A.E. & U.E.) z I I U1 _ 00 W y I 0.0 m o'er 2)mN J F W wages J TRACT E - I I I I I Porcel 726 I I I I I I I I I I LENGTH I I I 10.00 N89'09116 "W L120 I 3 S89-09'1 6" E 78.54' /604 50.00 70.71' 1 50.00 70.71' N44'09'16 "W N45'50'44 "E Q I Z U 0 3 m ao Of 06 U o° \ oN Cf J �- uT OD N I 0 25 50 100 200 GRAPHIC SCALE Ld J J U OR: 4322 PG: 0486 Legal Description The East 60.00 feet of Tract A, Club Estates Drive, The Club Estates, as recorded in Plat Book 31, Pages 78 -80 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the intersection of the southerly I right -of -way line of Club Estates Drive and I the westerly right -of -way line of Collier Boulevard and the beginning of a curve to the left, of which the radius point lies North 89'09'18" West, a radial distance of 50.00 feet and having a chord bearing of North 44'09'16" West, o chord distance of 70.71 feet; thence northwesterly along the south right -of -way line of said Club Estates Drive and the arc, through a central angle of 90'00'00 ", a distance of 78.54 feet; thence North 89'09'16" West along said southerly right -of -way line, a distance of 10.00 feet; thence leaving said line North 00'50'44" East, a distance of 100.00 1 feet to the northerly right -of -way line of said Club Esctes Drive; thence South 89'09'16" East along said northerly line, a distance of 10.00 feet to the point of curve to the left having a radius of 50.00 feet, a central angle of 90'00'00 ", and having a chord bearing of North 45'50'44" East, a chord distance of 70.71 feet; thence northeasterly along said northerly line and the arc, a distance of 78.54 feet to the westerly right -of -way line of said Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, a distance of 200.00 feet to the POINT OF BEGINNING. EXHIMT A Papaw af-�L2. LINE TABLE LINE LENGTH BEARING L119 10.00 N89'09116 "W L120 10.00 S89-09'1 6" E CURVE TABLE CURVE I RADIUS I DELTA LENGTH TANGENT CHORD CHORD BRG. C18 ^C19 50.00' 50.00' 90'00'00" 90'00'00" 78.54' /604 50.00 70.71' 1 50.00 70.71' N44'09'16 "W N45'50'44 "E Oncit,n & VEJUNIFTION OF PARCEL 726 A PORTION OF SECTION 10, TOWN_SH_IP_ 50 S., RANGE 26 E., o IU1Der I� W. �� Containing 7,073 square feet, more or less NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. J. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HYAT , P. (FO1 Tl-t FIRM) FLA. LIC. NO. 58.. NOT VALID WITHOUP'THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A, FLORIDA LICENSED SURVEYOR AND PER This is NOT a Survey. W11*MMer ivroaua,,, na ,bt BF]LL.tl�r/Ir�NOHDI.Ib� LiM1W .IV iFf6}MI.Mi w�nllaw N8015 -90U -001 I� 1 OF X Iumq IC-41 = N(k I � Apr 07, 2006 - 11:39:33 TOSBORNEIX: \SUR \collier b1vd \CH2MHi11 \1C -41 \Club Estates Drive- Dovis.dwg I TRACT GC3 O U U w < I J F OU m p I N 0 1988 J W U y 1 S89'09'16 "E F -00^ �m wZ rwc cone w 0 I wUaa ow AE J PI IAMT Ho: w aikT z TRACT RW 1 I-�- I TRACT C19 / ci LINE 1 3 BEARING U.E. I OR BOOK 1988 PAGE 230 1 S89'09'16 "E � rwc cone N O ortrTM en U ow AE bI PI IAMT Ho: w aikT — O 1 GCS00 TMO DJH 0 —O O W N6015 -SOU -001 727 OF X Y y REV: J 0 Q O W zmL� 1 o a L122 z0 w a b `n O Q O b m z z .0 PARCEL LINE 727 BEARING U.E. I OR BOOK 1988 PAGE 230 1 S89'09'16 "E POC POB U-) M U � M N LU J J U JIU V UNPLATTED 0 35 50 100 200 GRAPHIC SCALE Parcel 727 I I I I I I 1 I J Z U O O I I I I I I I I LINE TABLE LINE LENGTH BEARING L121 40.00 N89'09'1 6 "W L122 40.00 1 S89'09'16 "E OR: 4322 PG: 0487 Legal Description A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more particularly described as follows. Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, pages 73 -80 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, a distance of 1312.77 feet to the POINT OF BEGINNING thence continue South 00'50'44" West along said westerly right -of -way line, a distance of 80.37 feet; thence leaving said line North 89'09'16° West, a distance of 40.00 feet; thence North 00'50'44" East, a distance of 80.37 feet; thence South 89'09'16" East, a distance of 40.00 feet to the POINT OF BEGINNING. Containing 3,215 square feet, more or less. EXHIBii_.,�-- Papo--qL__ ofd NOTES: I. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning, 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 1 c DAVID J. H. ATT, ! .M. (FOR THE FIRM) FLA. LIC. �0. 5834 , NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.,:), 0 This is NOT a Survey. annlUn & uC�i(;KIF IUN OF PARCEL 727 IONO°TOWNSHIP W11t—:: M1,w,w,. SECTION 50 S., RANGE 26 E., ftl .eom.,an.&i vrie..,. COLLIER COUNTY, FLORIDA w' Jac rwc cone ortrTM en awn sa ow AE PI IAMT Ho: aikT GCS00 TMO DJH IC -41 N6015 -SOU -001 727 OF X oMwNO wEx IIR I IC -41 REV: \—` 1C -41 \Club Estates Drive— Dovis.dwg Parcel 728 TRACT GC3 O I I � I I 3i N N U 0 r r ry m < < I 0^ m wZ w w I I nUc- wUa 111— TRACPOC TRACT C19 S00'50'44" 17.28' 10' F.P.L.E. PO OR BOOK 1767 ;-Lt2� 1p Q PAGE 1417 Q _ _� z PARCEL m 728 rn LO w � I O in O Y 0 O J Ln Z m Q m N 0 .a o: Z6 N w a Z UNPLATTED Elf W J I J U U I I 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L123 34.00 N89'09'1 6"W L124 58.66 N00'S0'44 "E L125 34.00 S89'09'16 "E L126 58.66 S00.50'44 "W OR: 4322 PG: 0488 Legal Description A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more particularly described as follows. Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, pages 73 -80 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, a distance of 17.28 feet to the POINT OF BEGINNING thence continue South 00'50'44" West along said westerly right -of -way line, a distance of 58.66 feet; thence leaving said line North 89'09'16" West, a distance of 34.00 feet; thence North 00'50'44" East, a distance of 58.66 feet; thence South 89'09'16" East, a distance of 34.00 feet to the POINT OF BEGINNING. Containing 1,994 square feet, more or less. EXHIBIT Pago� of NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. e DAVID J. H,� TT,AVS.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, A PORTION OF WilsQniMiller SECTION 101 TOWNSHIP 50 S., RANGE 26 E.1 " "' 6p" ° "^ b" Ntldp TM�•wr COLLIER COUNTY FLORIDA r�sc cane oalwn W. I a.® sn ow � neo�r Na air olaMrxi Moot �a GCS00 THO DJH 1C -41 �"• N6015- SOU -001 726 aF % IC -41 Apr 06, 2006 — 08:17:20 TCSBCRNEIX: \SUR \collier blvd \CH 2MHill \IC -41 \Club Estates Drive— Davis.dwg OR: 4322 PG: 0488 Legal Description A portion Section 10, Township 50 South, Range 26 East, Collier County Florida, being more particularly described as follows. Commencing at the southeast corner of Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, pages 73 -80 of the Public Records of Collier County, Florida, said point also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West along said westerly right -of -way line, a distance of 17.28 feet to the POINT OF BEGINNING thence continue South 00'50'44" West along said westerly right -of -way line, a distance of 58.66 feet; thence leaving said line North 89'09'16" West, a distance of 34.00 feet; thence North 00'50'44" East, a distance of 58.66 feet; thence South 89'09'16" East, a distance of 34.00 feet to the POINT OF BEGINNING. Containing 1,994 square feet, more or less. EXHIBIT Pago� of NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. e DAVID J. H,� TT,AVS.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, A PORTION OF WilsQniMiller SECTION 101 TOWNSHIP 50 S., RANGE 26 E.1 " "' 6p" ° "^ b" Ntldp TM�•wr COLLIER COUNTY FLORIDA r�sc cane oalwn W. I a.® sn ow � neo�r Na air olaMrxi Moot �a GCS00 THO DJH 1C -41 �"• N6015- SOU -001 726 aF % IC -41 Apr 06, 2006 — 08:17:20 TCSBCRNEIX: \SUR \collier blvd \CH 2MHill \IC -41 \Club Estates Drive— Davis.dwg Apr 06, 2006 — 08:17:20 TCSBCRNEIX: \SUR \collier blvd \CH 2MHill \IC -41 \Club Estates Drive— Davis.dwg J -e' 0 25 50 100 200 GRAPHIC SCALE Parcel 729 TRACT GC6 NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 73 -80 NAPLES o0 HERITAGE DRIVE o (60' R /W, C.U.E., —� D.E.) TRACT R I TRACT RW2 86.10' 8.12' ••:1 EXHIBIT Legal Description A portion Tract R, Naples Heritage Drive, Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, Pages 73 -80 of the Public Records of Collier County Florida, being more particularly described as follows. Beginning at the southeasterly corner of said Tract R, said point also lying on the south right -of -way line of Naples Heritage Drive, and the beginning of a curve to the left, of which the radius point lies South 50'18'18" West, a radial distance of 50.00 feet and having a chord bearing of North 64'25'13" West, a chord distance of 41.83 feet; thence northwesterly along said south right -of -way line and the arc, through a central angle of 49'27'29 ", a distance of 43.16 feet; thence North 89'08'58" West along said south right -of -way line, a distance of 98.12 feet; thence leaving said line North 00'51'02" East, a distance of 100.00 feet to the north right -of -way line of Naples Heritage Drive; thence South 89'08'58" East along said north right -of -way line, a distance of 86.10 feet to a point of curve to the left having o radius of 50.00 feet, a central angle of 90'00'18 ", and a chord bearing of North 45'50'53" East, a chord distance of 70.71 feet; thence northeasterly along said north right -of -way line and the arc a distance of 78.54 feet to its intersection with the easterly right -of -way line of Naples Heritage Drive and the west line of Tract RW2; thence South 00'50'44" West, a distance of 167.50 feet along said west line to the POINT OF BEGINNING. Containing 14,351 square feet, more or less. CURVE TABLE CURVE1 RADIUS I DELTA LENGTH TANGENT CHORD CHORD BRG. C20 50.00' 49'27'29" 43.16' 23.03 1 41.83' N64'25'13 "W C21 I t0.00 I 0'00'18" I 78.54' 1 50.00 1 70.71' N45'50'53 "E OR: 4322 PG: 0489 I I I I I I I I I U7 I I 01) I � I � U � -J C N Cr -J W J Z U U O , I I o I N U � I I � , NOTES: I. This is not o survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. C.U.E. represents �ounty Utility Easement I DAVID J. HY TT, VIM. FOR THE FIRM) FLA. LIC. . 58- NOT VALID WITHOUT THE SIGNATURE'AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Rev 1) Revised per CH2MHILL 04/06 CH2MHILL 4/06 This is NOT a Survey. SKETCH DESCR OFIPTION OF PARCEL 729 Wil*Miller SECTION 10, TOWNSHIP 50 S., RANGE 26 E., " ^ ° °^^^ Lw*° � 0.Tr� *w^ " COLLIER COUNTY, FLORIDA "°°"'"'"` Halt cone owlwa We I CHKW BY., I ao FLO PRQIE[.R dk all�r olewnra W= Ilk Rl GCS00 TMO DJH 1C -41 N6015 -SOU -001 729 OF X 1C -41 —,-11 1-%aw \coo,er Dwa \cnzmnm \1C -41 \Club Estates Drive— Dovis.dwg Parcel 730 CEDAR HAMMOCK PLAT BOOK 32 PAGES 91 -108 r110'�L.B.E. -- - - - - - -- - - - - - E I TRACT C9 -�_ I 10' C.C.C.B.E. NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 73 -80 L13 TRACT M L1_ PARCEL - L 730 L12 t10' C.C.C.B.E TRACT C9 TRACT GC6 i POC I� IN TRACT RW3 3 'a a I� I° 0 I 023 1 I N POB I \I C22 Ji I I I I ^ I 3 OL Q I elf 1 z U U 3. 1 U 0 �I of M N cif � I W J O U I I 1 0 25 50 100 200 GRAPHIC SCALE EXHIBIT P"P LLL of Li ri Legal Description OR' 4322 PG; 0490 A portion Tract M, Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, Pages 73 -80 of the Public Records of Collier County Florida, being more particularly described as follows. Beginning at the northeast corner of Tract C8, Naples Heritage Golf & Country Club, Phase One, as recorded in Plat Book 26, pages 73 -80 of the Public Records of Collier County, Florida; thence South 00'50'44" West along the west line of said Tract C8, c distance of 9.30 feet; thence leaving said line North 89'09'16" West, a distance of 19.03 feet; thence North 00'50'44" East, a distance of 57.31 feet; thence South 89'09'16" East, a distance of 19.03 feet to a point on the East line of said Tract M; thence along said east line for the following 3 courses South 00'50'44" West, a distance of 8.00 feet to the point of curve of a non tangent curve to the left, of which the radius point lies North 00'45'31" East, a radial distance of 25.00 feet and having a chord bearing of North 75'04'57' East, a chord distance of 13.51 feet; thence easterly along the arc, through a central angle of 31'20'51 ", a distance of 13.68 feet; thence South 00'50'44" West, a distance of 47.35 feet to a point on the northerly line of said Tract C8 and the point of curve of a non tangent curve to the left, of which the radius point lies South 32'16'33" West, a radial distance of 25.00 feet and having a chord bearing of North 73'24'01" West, a chord distance of 13.51 feet; thence westerly along the arc, through a central angle of 31'20'48 ", a distance of 13.68 feet to the POINT OF BEGINNING. Containing 1,642 square feet, more or less. LINE TABLE LINE LENGTH BEARING -128 9.30 S00'50'44 "W L1---F9 .03 N89'09'16 "W L130 19.03 S89'09'16 "E L 173 1 8.00 S00'50'44 "W L132 47.35 S00'50'44 "W L134 57.31 N00'50'44 "E CURVE TABLE CURVEI RADIUS I DELTA LENGTH TANGENT CHORD CHORD BRG.' C22 C23 I Z3-uu 25.00' 1 31'20'48' 31.20'51" 13.68' 13.00 7.02 1 7.02 13.51' 13.51'.] 1 N73'24'01 "W N75'04'57 "E CH2MHILL NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. C.C.C.B.E. represents Collier County Conservation Buffer Easement DAVID J. Hy T, P. (FOR THE FIRM) FLA. LIC. N . 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. A PORTION- OF of vL 1 nl �yL (ov Wils�niMiller SECTION 10, TOWNSHIP 50 S., RANGE 26 E., """"'80 " COLLIER COUNTY, FLORIDA rA9c woe oalwu or C� Oft CAD FM Fn-d No: GCS00 TMO DJH IC -41 l N6015 -SOU -001 9EEr 1 730 OF X oteywa root No: 1C -41 NEy; - ... 01v0\U"2Mn11i \1C -41 \Club Estates Drive- Davis.dwg Parcel 731 I I I I , I 1n I J 0) Z Of Q U 3 U O I � TRACT 9-1 I p J 20' L.B.E. ----I i m N I I I NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 73 -80 J 0 25 50 100 200 GRAPHIC SCALE I I I I I I I I LINE TABLE LINE 10' T.C.E. j 1 ui OR BOOK 3990 --p-4 I--- —1 J PAGE 2786 II O TRACT G -19 �i I U I! CEDAR HAMMOCK I I I PLAT BOOK 32 j L138 PAGES 91 -108 II SOO- 50 -44 "W II PARCEL hl 731 � -- - - - -1- So E. OR BOOK K 2706 POB I _ PAGES 2677 -2682 24.26' ----- N00'50'44" E POC 10' L.B.E. TRACT GC6 I NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 26 PAGES 73 -80 J 0 25 50 100 200 GRAPHIC SCALE I I I I I I I I LINE TABLE LINE LENGTH BEARING L135 4028 N89'0916 "W L136 45.05 N00'50'44 "E L137 49.73 N54'S6'09 "E L138 74.22 SOO- 50 -44 "W Rev 1) Revised to odd T.C.E. 04/06 annrt;tl & UCJCKIPTIUN OF PARCEL 731 A PORTION OF SECTION 3, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY. FLORMA o 1011 110 IM m: Ian FLO OR; 4322 PG; 0491 Legal Description A portion Tract G -19, Cedar Hammock, as recorded in Plat Book 32, Pages 91 -108 of the Public Records of Collier County Florida, being more particularly described as follows. Commencing at the southeast corner of Cedar Hammock, as recorded in Plat Book 32, pages 91 -108 of the Public Records of Collier County, Florida, said point also lying on the westerly right —of —way line of Collier Boulevard; thence North 00'50'44" East along said westerly right— of —woy line, a distance of 24.26 feet to the POINT OF BEGINNING; thence leaving said line North 89'09'16" West, a distance of 40.28 feet; thence North 00'50'44" East, a distance of 45.05 feet; thence North 54'56'09" East, a distance of 49.73 feet to a point on the the westerly right —of —way line Collier Boulevard; thence South 00'50'44" West along said westerly right —of —way line, a distance of 74.22 feet to the POINT OF BEGINNING. Containing 2,402 square feet, more or less. EXHIBIT Page ofd NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right —of —Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. T.C.E. represents Temporary Construction Easement. DAVID J. H7 ATT, .M. (FOR THE FIRM) FLA. LIC. OJO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. wll*miller . . ft - Eod*W & ,a,. . L&-A a ww. . r,.,�.,.,„ wosoM5lx, fk. N6015 -SOU -001 1 731 a' X I 1C -41 .���•.•.�,�. v.,v,w�w����, `v-1111-n111\ 11 -41 \11u1 11W11 Drive -Davis dwg Parcel 732 CEDAR HAMMOCK PLAT BOOK 32 PAGES 91 -108 CURVE TABLE CURVE TRACT L -7 CFOq ` LENGTH TANGENT (10Fe0U /vqM� 10' E. C24 a Ft 4yC 9900'00" 78.54' TRgCr TRACT G -10 eJ ro C34 - 13'47'13" q ` 68.41 - \ Mry TRACT G -9 C33 218.00' 10' E. 66.36' 33.43 66.11' N66'38'48 "W PARCEL 182.00' ?, 732 39.70 77461' -a TRACT F -4 218.00' - -- I TRACT L -6 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C24 50.00' 9900'00" 78.54' 50.00 70.71' N44'09'16 "W C32 566.00 13'47'13" 136.19' 68.41 135.87' N82'15'40 "W C33 218.00' 1726'30" 66.36' 33.43 66.11' N66'38'48 "W C34 182.00' 24'37'12" 78.21' 39.70 77461' S7721'39 "E C35 218.00' 1941'09" 40.66' 20.38 40.60' 584'19'40 "E C36 474.00' 10'10'10" 84.13' 42.17 84.02' S84'04'11 "E C25 50.00' 9000'00" 78.54' 50.00 70.71' N45'50'44 "E Legai uescnpuon A portion Tract A, Cedar Hammock, as recorded in Plat Book 32, Pages 91 -108 of the Public Records of Collier County Florida, being more Particularly described as follows. Beginning at the southeast corner of said Tract A, said point also being the intersection of the westerly right- of -woy line of Collier Boulevard and the southerly right -of -way line of Cedar Hammock Boulevard and the beginning of a curve to the left, of which the radius point lies North 89'09'16" West, a radial distance of 50.00 feet and having a chord bearing of North 44'09'16" West, a chord distance of 70.71 feet; thence northwesterly along said southerly right -of -way line of said Cedar Hammock Boulevard for the following 5 courses and the arc, through a central angle of 90'00'00 ", a distance of 78.54 feet; thence North 89'09'16" West, a distance of 24.48 feet to the point of curve to the right having a radius of 566.00 feet, a central angle of 13'47'13', and a chord bearing of North 82'15'40" West, a chord distance of 135.87 feet; thence westerly along the arc, through c distance of 136.19 feet to a point of compound curve to the right having a radius of 218.00 feet, a central angle of 17'26'30 ", and a chord bearing of North 66'38'48" West, a chord distance of 66.11 feet; thence northwesterly along the arc a distance of 66.36 feet; thence North 57'55'34" West, a distance of 43.53 feet; thence leaving said line North 32'04'26" East, a distance of 63.78 feet to the northerly right -of -way line of said Cedar Hammock Boulevard and to the point of curve of a non tangent curve to the left, of which the radius point lies North 24'57'03" East, a radial distance of 182.00 feet and having a chord bearing of South 77'21'39" East, a chord distance of 77.61 feet; thence easterly along said northerly right -of -way line for the following 5 cources and the arc, through a central angle of 24'37'12", a distance of 78.21 feet to a point of reverse curvature to the right having a radius of 218.00 feet, a central angle of 10'41'09 ", and a chord bearing of South 84'19'40" East, a chord distance of 40.60 feet; thence easterly along the arc a distance of 40.66 feet to a point of reverse curvature to the left having a radius of 474.00 feet, a central angle of 10'10'10 ", and a chord bearing of South 84'04'11" East, a chord distance of 84,02 feet; thence easterly along the arc a distance of 84.13 feet; thence South 89'09'16" East, a distance of 24.48 feet to a point of curve to the left having a radius of 50.00 feet, a central angle of 90'00'00 ", and a chord bearing of North 45'50'44" East, a chord distance of 70.71 feet; thence northeasterly along the arc a distance of 78.54 feet to the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West, a distance of 192.00 feet to the POINT OF BEGINNING. Containing 0.616 acres, more or less. CH2MHILL 4/06 OR: 4322 P�: 049' v 1 � I I � I I I I I � I rn F I Cr I 3 0 J Z ch 0] N u7 3 U O O O J L0 J o O o I I L m � I POB � , I LINE TABLE LINE LENGTH BEARING '139 24.48 N8 '09'16 "W L162 43.53 N57'55'34 "W '140 24.48 589'09'16 "E 0 75 50 100 700 GRAPHIC SCALE EXHIBIT p � NOTES: Potl• EIr O}-za- 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. D.E. represents Drainage Easement. 10. L.M.E. represents Lake Maintenance Easement. 11. C.U.E. represents County Utility Easement. m DAVID J. MYATT, PA.M. (FOR THE FIRM) FLA. LIC. 0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKNPOR &DESCRIPTION OF PARCEL 732 Wils�niMiller A PORTION OF SECTION 3, TOWNSHIP 50 S., RANGE 26 E., "° �^^'�" .&& . �..T,�� COLLIER COUNTY, FLORIDA w'b,c. ��IM &MalO. µyY,PoHJIG3l01.1bw fYeanF.ry 9FAM1li1.XY49 wnYO„rmn tw OOOF.. FLID PIUMI, NO: S E>Ei IM WAN WM ND: GCS00 TMO D1H IC-410 N60I5- SOU -001 732 OF X IC -41 '.. - ^..L -1%- 41.�n111\l�- 4 1 Wuo tstates Drive- D0,1S.dwg Parcel 533 RATTLESNAKE HAMMOCK ROAD OR: 4322 PG: 04933 n 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 --------------------------------- -OB------------------------ -- TRACT G M - J -� -_- _ _ S$T_48'19''W__6.3Q TT 1 L25' L.B.E. PARCEL & D.E. 533 _10' P.U.E. I LOT 3 w o \ SIERRA MEADOWS Of I PLAT BOOK 39 0 o PAGES 11 -13 � � I U I I I � I I I I ui I I a a LOT 4 0� 0 I to j Iz I I I I I I 24' ACCESS EASEMENT AS DESCRIBED IN O.R. BOOK 2909, PAGE 1531 t Tract K I - --- --- - - - - -- Legal Description The North 11.00 feet of Lot 3, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northwest corner of said Lot 3, said point also lying on the southerly right -of -way line of Rattlesnake Hammock Rood; thence North 87*48'19" East along said southerly right -of -way line, a distance of 326.88 feet to the east line of said Lot 3; thence South 00.50'44" West along said line, a distance of 11.02 feet; thence leaving said line South 87.48'19" West, a distance of 326.30 feet to the westerly line of said Lot 3; thence North 02.11'41" West along said westerly line, a distance of 11.00 feet to the POINT OF BEGINNING. Containing 3,594 square feet, more or less. 0 33 50 100 300 GRAPHIC SCALE EXHIBIT Paw t ca ofd, LINE TABLE LINE I LENGTH I BEARING. L172 11.02 S00'50'44 "W L173 1 11.00 NO2'11'41 "W LOT 5 NOTES: 1. This is not a survey. U � > . J M N w J J U U 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. B. P.O.B. represents Point of Beginning. 9. P,O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. AT P4S. FOR THE FIRM) FLA, LIC. N0. 834.. NOT VALID .WITHOUT I THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A'- FLORIDA LICENSED SURVEYOR AND MAPPER Rev 1) Revised bearing distance, direction & lot number in description 07/06 CH2MHILL 6/06 This is NOT a Survey. SKETCH & PORTIONS OFIPTION OF PARCEL 533 iNIIsQniMil/er SECTION 27, TOWNSHIP 50 S„ RANGE 26 E., COLLIER COUNTY FLORIDA .,, A...[O..w., MW coos MM er: CW= BY' Clio RM PROJEILT No; lfEEr DRANMO NM wa MEv CCS00 TMO DJH IC -41 N6015-50U -001 533 OF X 1C -41 - ­1.10 iUoovrtngx: \nun \comer blvd \CH2MHi11 \1C -41 \Lone Creek Dr - Rattlesnake Hclmock.dwg Parcel 733 * ** OR: 4322 PG: 0494 * ** „ - - -- - - - -- 10 J1l_____ __ ____ ___ ___ __ __ ___ ____ _____ RATTLESNAKE HAMMOCK ROAD — _ — 3'x4' SIGN EASEMENT r POC O.R.BOOK 3070, P. 1475 S02' 1 1'41" E 1 1 .00' ------ - - - - -- -TRACT G -- o w } �W 3 03 - - - - -- &'48 ) '- 5 , --5' .B.E. PARCEL ',10' P.U.E. & D.E. 733 LOT 3 SIERRA MEADOWS PLAT BOOK 39 PAGES 11 -13 p O U -- - - -- - — Legal Description The South 5.00 feet of the North 16.00 feet of Lot 3, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northwest corner of said Lot 3, said point also lying on the southerly right- of -woy line of Rattlesnake Hammock Road; thence South 02'11'41" East olong the west line of said Lot 3, a distance of 11.00 feet to the POINT OF BEGINNING; thence North 8748'19" East, a distance of 326.30 feet to the East line of said Lot 3; thence South 00'50'44" West along said line, a distance of 5.01 feet; thence leaving said line South 87'48'19" West, a distance of 326.03 feet to the westerly line of said Lot 3; thence North 02'11'41" West along said westerly line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. EXHIBIT pz4p '1 ' of LLL 0 25 50 100 200 GRAPHIC SCALE LINE TABLE - ---- --- - -- - -- l u, 5.01 S00'50'44 "W L177 5.00 NO2'11'41 "W SECTION 27, TOWNSHIP 50 S., RANGE 26 E., r `°'� "'"� COLLIER COUNTY, FLORIDA. I v. nmu cane oarfh x ar® er Go FtE FON= na a�T I nEv GCS00 Q � TMO DJH 1C -41 w J 733 OF X LOT 4 1 EO N a v o N G_ W b o J CD I 1 I U 24' ACCESS EASEMENT AS DESCRIBED IN rO.R. BOOK 2909, ; PAGE 1531 Tract IIK A T- - - - - - �Ir � - - - - -- T 5 L LO II I Legal Description The South 5.00 feet of the North 16.00 feet of Lot 3, Sierra Meadows, as recorded in Plat Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing at the northwest corner of said Lot 3, said point also lying on the southerly right- of -woy line of Rattlesnake Hammock Road; thence South 02'11'41" East olong the west line of said Lot 3, a distance of 11.00 feet to the POINT OF BEGINNING; thence North 8748'19" East, a distance of 326.30 feet to the East line of said Lot 3; thence South 00'50'44" West along said line, a distance of 5.01 feet; thence leaving said line South 87'48'19" West, a distance of 326.03 feet to the westerly line of said Lot 3; thence North 02'11'41" West along said westerly line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1,632 square feet, more or less. EXHIBIT pz4p '1 ' of LLL 0 25 50 100 200 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L176 5.01 S00'50'44 "W L177 5.00 NO2'11'41 "W Rev 1 ) Revised bearing distance & lot number in description 07/06 CH2MHILL 6/06 _. NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencemen 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. cnoj�l DAVID J. HYA 9(4W.- (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 733 Wil*Mvier A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., r `°'� "'"� COLLIER COUNTY, FLORIDA. ..,..�...�,�.�•m...�„•w��,.•w,. nmu cane oarfh x ar® er Go FtE FON= na a�T olawMO root w nEv GCS00 TMO DJH 1C -41 N8015 -SOU -001 733 OF X 1C -41 Mar 09, 2006 — 15:14:36 T0S00RNEIX: \SUR \collier blvd \CH2MHill \1C -41 \Lone Creek Dr — Rattlesnake Hommock.dwg ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP -1b� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUREjLLj Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original y 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 si nature, draw a line throng routing lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. VWKJ ` (Initial) Applicable) 2. 13 os— Agenda Item Number 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 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. Nomrally 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 1 Phone Number / (p Contact VWKJ ` (Initial) Applicable) Agenda Date Item was 13 os— 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 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 Please sc4n/ u/�n/�/d�e1f!t1 ;of{.> j�,Q„�.1n the BMR Real Property Folder. Thank you 1: Forms / County FnrQnms/ Original Documents Routing Slip W WS Original 9.03.04, ised 1.26.05, Revised 2 4.05 4"t& 119 It? 120, � p_o �a-3 P_l - 2 w 'Cl t �-+,5 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. 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 Attomey'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. np 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 jW 19 1 enter date) and all changes made during the meeting have been incorpoifatedlin the attached document. The County Attorney's Office has reviewed the changes, if applicable. Please sc4n/ u/�n/�/d�e1f!t1 ;of{.> j�,Q„�.1n the BMR Real Property Folder. Thank you 1: Forms / County FnrQnms/ Original Documents Routing Slip W WS Original 9.03.04, ised 1.26.05, Revised 2 4.05 4"t& 119 It? 120, � p_o �a-3 P_l - 2 w 'Cl t �-+,5 10E This instrument prepared by: Florida Power & Light Company P. O. Box 1119 Sarasota, FL 34230 -1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this day of , 2007 by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter c d the "County ", and FLORIDA POWER &LIGHT COMPANY, a Florida Corporation, whose mailing address is O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right -of- way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right -of -way shown on Exhibit "A ", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over, through, upon, and/or across such lands, based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK -PAGE Easement Naples Lakes Country Club Florida Power and OR 2980 Light Company BOOK 3120 The County and the Utility further agree that: 1. "Public right -of- way ", as used herein, shall mean that area which is described in Exhibit "A" which includes the Utility's easements identified above and additional lands for public right -of -way, as described in Exhibit "A ", attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right -of -way described in Exhibit "A ", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right -of -way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right -of -way described in Exhibit "A ", if such relocation or adjustment is caused by present or future uses of the right -of -way by Collier County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right -of -way. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. s4 u, ATT18'STi. D �H,� '. 13R C, Clerk if }gip s Deputy Clerk tiqnan Signed, sealed and delivered in the pres n e of: By: Q� Print Name: K�LL By: PrintName: 2- 4--,4F6- STATE OF FLORIDA, COUNTY OF -_ /fF. 50 R� lL FLORIDAJU4 & LIGHT MPANY By: Title: West Area Real Estate M nager Print Name: Mark L. Byers (Corp. Seal) I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as its West Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this ISmdaapy�off c�J U^e� 2007. [ � My Commission Expires: Notary Signature: 1'�ti�'d 7 } Notary Public Atat&of Florida NOTARY PUBLIC -STATE OF FLORIDA Kelly J. Lopez Commission # DD546987 Expires: MAY 01, 2010 Approved as to form and Bonded T" AClantic 3onding Co., Inc. Leg. sufficiency. Ellen T. Chadwell Assistant County Attorney Printed Name: K4E: '- LAE Z TRACT C TRACT R -; (TRACT B ­17 P.U.E. 20 L E -,. TRACT A NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 Parcel 118 I � I EXWBIT page -;Lof 1 � I I 'PB r � j I m I 3 U3 I a� Q J U M N � � I w ) 1 O I� U Legal Description A portion of Tract A, Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the northeast corner of said Tract A, sold paint also lying on the westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West, along said westerly right -of -way line, a distance of 328.37 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 86057'27 ". and o chord bearing of South 44'19'29' West, o chord distance of 34.40 feet; thence southwesterly along the arc a distance of 37.94 feet; thence leaving said line North 31'37'33" East, a distance of 16.94 feet; thence North 00'50'44" East, o distance of 338.79 feet to the north line of said Tract A; thence South 89'05'50" Fast along said northerly line, a distance of 15.00 feet to the POINT OF BEGINNING. Containing 5,230 square feet, more or less. Ae O' LINE TABLE LINE LENGTH BEARING , L79 16.94 N31 3733E � L80 15.00 S89OS 50E (fitvm( SCN.E � � 1 _ _ CURVE TABLE 1 DAVID J HYATT S M. (FOR THE FIRM) CURVE RADIUS DELTA LENGTH iANGE NT I GHORO -( CHORD BRG FU. TIC. N'D 5834 C37 2500 865678' ) 37.94' 2370 34.40 _ 540'19'29 W) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED REV 2) REVISED PER CH21AHILL 10/06 TMO/1965 SURVEYOR AND MAPPER REV I) REVISED PER CH2MHILL 05/06 TMO /1965 uo,.arrr 17na This is NOT a Survey. 8KH'TCH & UKSCHIY77UN UF' YAHGEL Iltl ��/ A PORTION OF�.iQn►Ml��ei `y SECTION 15, TOWNSHIP 50 S., RANGE 26 E., . k COLLIERCOUNTY, FLORIDA �.. w >. m• a M mow- w o..�.� �p ... �_...� VSK com awwx En. aim En ao nc amlal.T w .Ear alwwo Iwola woe Em GC$DD Two DIH IC -4l N6016- SOU -001 ll8 OF X IC -41 Oct 04. 2006 - 0722:53 *asaoFNElx \50RVcalla: 11,dAC112.r1,iA1C- 41A1OGIes Ludes Ynopnhq Cen4:tlwg NOTES.' t P 118 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83190, East Zone. TRACT H 3. Subject to easements, reservations and restrictions of record. RATTLESNAKE HAMMOCK _ROAD I 4. Easements shown hereon are per plot, I 4 unless otherwise noted. 5. Dimens,ans are in feet and decimals - - --- --" I ( thereof. TRACT G ( t _.._.._...--__— 6. Certificate of authorization LB 43. LOT 4 7 7. R/W represents Right -of -Way 8. P.O.B. represents Point of Beginning. SIERRA 1 1 9. P.O.C. represents Point of Commencement. MEADOWS 1 1 10. O.R. represents Official Records. PLAT BOOK 39 1 11. L.B.E. represents Londscope Buffer PAGES 11 -13 E Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.F. represents Sidewolk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement, LINE TABLE LINE LENGTH BEARING , L79 16.94 N31 3733E � L80 15.00 S89OS 50E (fitvm( SCN.E � � 1 _ _ CURVE TABLE 1 DAVID J HYATT S M. (FOR THE FIRM) CURVE RADIUS DELTA LENGTH iANGE NT I GHORO -( CHORD BRG FU. TIC. N'D 5834 C37 2500 865678' ) 37.94' 2370 34.40 _ 540'19'29 W) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED REV 2) REVISED PER CH21AHILL 10/06 TMO/1965 SURVEYOR AND MAPPER REV I) REVISED PER CH2MHILL 05/06 TMO /1965 uo,.arrr 17na This is NOT a Survey. 8KH'TCH & UKSCHIY77UN UF' YAHGEL Iltl ��/ A PORTION OF�.iQn►Ml��ei `y SECTION 15, TOWNSHIP 50 S., RANGE 26 E., . k COLLIERCOUNTY, FLORIDA �.. w >. m• a M mow- w o..�.� �p ... �_...� VSK com awwx En. aim En ao nc amlal.T w .Ear alwwo Iwola woe Em GC$DD Two DIH IC -4l N6016- SOU -001 ll8 OF X IC -41 Oct 04. 2006 - 0722:53 *asaoFNElx \50RVcalla: 11,dAC112.r1,iA1C- 41A1OGIes Ludes Ynopnhq Cen4:tlwg 8KH'TCH & UKSCHIY77UN UF' YAHGEL Iltl ��/ A PORTION OF�.iQn►Ml��ei `y SECTION 15, TOWNSHIP 50 S., RANGE 26 E., . k COLLIERCOUNTY, FLORIDA �.. w >. m• a M mow- w o..�.� �p ... �_...� VSK com awwx En. aim En ao nc amlal.T w .Ear alwwo Iwola woe Em GC$DD Two DIH IC -4l N6016- SOU -001 ll8 OF X IC -41 Oct 04. 2006 - 0722:53 *asaoFNElx \50RVcalla: 11,dAC112.r1,iA1C- 41A1OGIes Ludes Ynopnhq Cen4:tlwg RATTLESNAKE HAMMOCK ROAD _ 00' R/W ---------------------------------- _ TRACT G LOT 4 SIERRA MEADOWS PLAT BOOK 39 I PAGES I1 -13 ! i 0 PS sc ,a5 von GRAPHIC SCALE LINE TABLE LNE LI LENGTH BEARING 183 1 9.77 J S31 37'3; W L84 I 5.00 S89 19'34 E Rev 3) Revised per CH2MHILL 10/06 Rev 2) Revised per CH2MNILL 05/06 Rev 1) Revised distance in description 03/06 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 71. L. BE represents Landscape Buffer Easement, 72. U.E. represents Utility Easement. JJ. F.P.L.E. represents Florida Power & Light Easement. 14 D.E. represents Drainage Easement, 15, S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Ufi' Easement, 17. L.E. repersents Landscape Eosement. DAVID J HY T, , M (FOR THE FIRM) FLA RA TIC NO 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. anctiLn M unat,mruoty yr raRbEJ, no • A PORTION OF �„Pii �. SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA vlsc cvoe awM em. aao tin aD rmor,T rn Gov DnvwJO poor roe inn CC800 TNO DJN IC -41 N60I5-SOU -001 718 (Ii % IC-41 Mor 14. 2006 - 08.29x39 TOS80RNE1x.\ SUR \-ir, ei1a\CW2MHl \1 C- 41 \NaG4z rokr: shopping Cente, dw9 10'r Parcel 718 j '.. 1 "RACT C jl s Legal Description I A portion of Tract A, Naples Lakes TRACT R i_ I ! Shopping Center, as recorded in Plot Book 36 pages 98 through 99 of the Public ��'/IL'7J ../�i`'.A/( Records of Collier County, Florida, being more porticulorly described as follows. TRACT 6 (��p �aYV G� Commencing at the northeast corner of 1 said Tract A, said point also lying on the ! westerly right -of -way line of Collier I l 7' P.U.F. ~� 1 I I Boulevard; thence North 89'05'50" West along the northerly line of said Tract A. a I distance of 15.00 feel to the POINT OF I BEGINNING; thence leaving said line South 1 00'50'44" West, o distance of 338.79 feet; I r % -POB thence South 31'37'33" West. a distance N89"OS'S0"W I of 9.77 feet; thence North 00. 50'44" Fret. "-- "------- --- - -- 1500' � I o distance of 347,17 feet to the northerly I `' -ROC "�� line of said Tract A; thence South 5, y 99'05'50' along said northerly Vine, a 1 -- -15' l 1� distance of 5.00 feel to the POINT OF BEGINNING. Containing 1.715 square feet, more of 20' 1.E -- Ch I less. �I TRACT A I ^ U 3 I 4 n roI Z 3 O Q O NAPLES LAKES w U I SHOPPING v v1 m N CENTER o �I `r' PI-AT BOOK 36 o -o PAGES 98 -99 c v NOTES' p 11 1. This is not a survey. Ih U 10 2. Basis of hearing is the West line of PARCEL County Road 951 (C.R. 951) being N 718 it d� 1 00'50'44° E, Florida State Plane Coordinates NAD 83190, East Zone. —� --- — - "_ "- t^r 3. Subject to easements, reservations and - '- " TRACT r1 restrictions of record. RATTLESNAKE HAMMOCK ROAD _ 00' R/W ---------------------------------- _ TRACT G LOT 4 SIERRA MEADOWS PLAT BOOK 39 I PAGES I1 -13 ! i 0 PS sc ,a5 von GRAPHIC SCALE LINE TABLE LNE LI LENGTH BEARING 183 1 9.77 J S31 37'3; W L84 I 5.00 S89 19'34 E Rev 3) Revised per CH2MHILL 10/06 Rev 2) Revised per CH2MNILL 05/06 Rev 1) Revised distance in description 03/06 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 71. L. BE represents Landscape Buffer Easement, 72. U.E. represents Utility Easement. JJ. F.P.L.E. represents Florida Power & Light Easement. 14 D.E. represents Drainage Easement, 15, S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Ufi' Easement, 17. L.E. repersents Landscape Eosement. DAVID J HY T, , M (FOR THE FIRM) FLA RA TIC NO 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. anctiLn M unat,mruoty yr raRbEJ, no • A PORTION OF �„Pii �. SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA vlsc cvoe awM em. aao tin aD rmor,T rn Gov DnvwJO poor roe inn CC800 TNO DJN IC -41 N60I5-SOU -001 718 (Ii % IC-41 Mor 14. 2006 - 08.29x39 TOS80RNE1x.\ SUR \-ir, ei1a\CW2MHl \1 C- 41 \NaG4z rokr: shopping Cente, dw9 10'r I I l I I I I I I I I I I j TRACT C I I I I I I �-17' P.U.E. I I � I I I I 3 0 CT R -1 "�. � o 25' /Z 120 TRACT B 20• NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A 1 I I I I I I I I I I ____ ____ __ _____J i i i 1 I I I I I Parcel 120 Legal Description The easterly 25.00 feet of Tract R -1, Naples Lakes Shopping Center, 08 recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more � ����syII. I particularly described as follows. �Y �T Beginning at the southeast comer of said //�� Tract R -1, said point also being the �ago_ei intersection of the southerly right -of -way line of Tract R -1 and the westerly right- cf_way I i line of Collier Boulevard and the beginning of I, a curve to the left, of which the radius point lies South 43'08'32" West, a radial distance of 48.00 feet and having a chord bearing of I North 63'37'42" West, a chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R -1 and the arc, through a central angle of 33'32'48 ", a distance of 28.10 feet; thence leaving said I line North 00'50'44" East, a distance of 1 38.61 feet to the northerly right -of -way line of said Tract Tract R -1 and a point of cur of a J non tangent curve to the left, 01 which the �I radius point lies North 2751'15' West, a radial distance of 48.00 feet and having a 1 I chord bearing of North 45'19'39" East, a chard distance of 35.68 feet; thence .northeasterly along said north N I w O U I I I I I I I I RATTLESNAKE HAMMOCK ROAD 700 R/W x a as ep Ipp 2. GRAPHIC SCALE LINE TABLE LINE I LENGTH I BEARING right -of -way line and the arc through a 1 38.61 1 NOD'50'44 'E 1 48.00' 1 33-32-40 It central angle of 43.38'09", a distance of 10 �' I < 36.55 feet to the westerly right- of -woy of b 0 13 I U 0 said Collier Boulevard; thence South 00'50'44" West i I I along said line, a distance of 76.00 feel to the POINT OF BEGINNING. o . I Containing 1,312 square feet, more of less. 0 N I I w O U I I I I I I I I RATTLESNAKE HAMMOCK ROAD 700 R/W x a as ep Ipp 2. GRAPHIC SCALE LINE TABLE LINE I LENGTH I BEARING L98 1 38.61 1 NOD'50'44 'E CURVE TABLE IGURVEI RADIUS I DELTA I LENGTH I TANGENT I CHORD CHORD BRG. CB 1 48.00' 1 33-32-40 1. 28.10' 14.47 27.0' N 7'47 "W C9 . 19.22 I 75.68' 1 N4 '1 '3 " Rev ) Revised bearing in description 03/06 NOTES: I. This is not a survey. 2. Basis of bearing is the West fins of County Road 951 (C.R. 951) being N 00'50'44" E, Florida Stole Plane Coordinates NAD 83190, East Zone. J. Subject fo easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. FP.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. I6. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. At cS +'tyn . DAVID J. HY r,� iX.e °(FOI�.?THB,,f.,ryRl�) FLA. LIC. NpO// SB3.. .r ¢ ,�Tv NOT VALID WIT14OUT�'THE SIGNA, T I! tvAND THE ORIGINAL RAISED SE4C,OfIAQF110 LICENSED SURVEYOR AND MAPPER:.. This is NOT a Survey. A PORTION OF SECTION 15; TOWNSHIP 50 S., RANGE 26 E., ^ ew "+- ate- -- •.....w... COLLIER COUNTY FLORIDA Nfv4eree sreru�.eekks.ew.,.� �4ee.ti asw.w..w.r.� 1711 ROD O T m ta11®re Ot0 t7D gIDA.i IIa utter IlllrwD tgDDt Ile Ills CCS00 TYO DIN 1C -41 118016 -SOU -001 I20 or X IC -41 ° °.•'." ^ you 4 ^:vim" \comer a1vd \CH2MH111\1C- 41 \NCPles Lakes shopping Cenler.d.g i I I I I I I 1 TRACT C I I j-17' P.U.E. I I TRACT B I 20' L.E.�f I I I I I I I I I I I I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98 -99 TRACT A I I I I I I I ________ _______- Parcei 720 Legal Description A portion of Tract R -1, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 9 through 99 of the Public Records of Collier County, Florida, being ore y 9 particular) described as EX /�J follows. I 1 /� T- +y /if. /+j f-.I I I Commencing at the northeast corner of Tract B of Page pf I said Naples Lakes Shopping Center, said point also j being the intersection of the southerly right -of -way line of Tract R -1 and the westerly right -of -way I line of Collier Boulevard and the beginning of a I I curve to the left, of which the radius point lies South 43'08'32" West, a radial distance of 48.00 feet and having o chord bearing of North 63'37'42" PARCEL West, o chord distance of 27.70 feel; thence 720 I northwesterly along the southerly line of said Tract I R -1 and the arc, through a central angle of 3Y32'48", I 1 33'32'48", a distance of 28.10 /eel to the POINT ` OF BEGINNING and the beginning of a South 09 to the left, of which the radius p48.0 lies feet 09'35'54" POC I I Wesl, a radial distance of 48.00 feet and having o ` P06 I chord bearing of North 84'46'41 West, a chord distance of 7.33 feet: thence westerly along said southerly right -of -way, line and the arc, through a central angle of 0345'27', o distance of 7.34 feet; thence North 89'09'17" West, along said I I right -of -way line, a distance of 29.51 feet; thence I leaving said line North 44'09'16" West, a distance of 7.33 feet; thence North 0950'44" East, a. J J \ distance of 28.82 feet to the northerly I < N ¢ K right -of -way line of said Tract R -1; thence South IN m I ¢ 89'09'17" East, along said northerly right of way Ib K V'0 line, a distance of 22.71 feel to a point of curve o �; - I to the left having a radius of 48.00 feet, a central 56" i \ angle of 23'41', and a chord bearing of North D 78'59'43" East, a chord distance of 19.71 feet;. I thence easterly along the northerly right- of -woy 1 m N I line of said Tract R -1 and the arc a distance of 1985 . feet; thence South 00'50'44" West, o w I distance of 38.61 feet to the POINT OF BEGINNING. J p I Containing 1,442 square feet, more or less. I U 1 NOTES. 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'50'44' E, Florida State Plane Coordinates. I NAD 83190. East Zone. CURVE TABLE RATTLESNAKE HAMMOCK ROAD RADIUS DELTA LENGTH TANGENT CHORO 100' RX Ce I � 28.10' 14.47 1 27.70' LINE TABLE C70 48.00' LENGTH BEARING 3.87 7.33• 29.51 N 9'0 '1TW 48.00' KUIN 7.33 N44'09'16"W 19.71' N7 '4 ' 28.82 NOD' 0'44 "E o as w ,ss Ise 22.71 S8'09'17'E GRAPHIC SCALE 38.61 I S0050.44 -W CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORO CHORD BRG. Ce 48.00' '4 28.10' 14.47 1 27.70' N Y 37 '4 C70 48.00' 0 4 ' 7.34 3.87 7.33• N8C46'4YW Cll 48.00' 41' 1 19.85' 10.07 19.71' N7 '4 ' SKETCH & DESCRIPTION OF FARM 720 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right- of -Woy. 6. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L. E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.£. represents Sidewalk Easement. 76. P.U.E. represents, Py4ljc' ?Utllit Cosement. 17. L.E. reoersentsr LanesewdL %'�-... - -, DAVID J. HYr. . P,'$rk ,(Ep!,T T'.` flRM) FLA. LIC. N 583N' "' { NOT VALID WITHOUT TfjE SIA °FLJiArA TDRE AND THE ORIGINA ORIDA LICENSED L RAISED SEAL bF" SURVEYOR AND MAPPER e' This is NOT a Survey. /� /le�i%IIII�I� ..islsia »1Yw..T. eA TWO D1H IC -41 N80I5 -30U -001 720 a x IC -4s 1 cm.: SeoVMn9 Center.aws 1Qt GRAPHIC SCALE 10 Parcel 723 i 1 1 FUTURE 20' L.E. j+ 0'T DEVELOPMENT s�jL I f DE, AE, ME, sus r NAPLES LAKES COUNTRY CLUB PLAT BOOK 33 1 ' PARCEL /, 1 PAGES 8 -I5 723 l� INE TABLE LINE LENGTH BEARING L114 12.00 I N00' 00'44E 1 L115 1 14.00 1 N0954'12' E I I S89'06'DD "E 139.57'1 1 0� x500'50'44 "W 1 29.17' ..,....� ._.109,58..^ -- l 1 PCB . 3 I 0' a T.E. ir1 O.R. BOOK 3058 m 9 ... PAGE 3228 0 IY z I TRACT D z � 10' F.P.L E.�- U -, O.R. BOOK 3600,E < O_ v P 1952 -1954 0 Q m q U ED N i -.-� If17' P.U.E. NAPLES LAKES � 1 CHOPPING CENTER �I - 1 PLAT - O- K- T6�` -J PAGES 98 -99 �5 t TRACT C % 1 I f 1 , Legal Description A portion of Tract R -1 of Naples Lokes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast Corner of Tract R -1 of said Naples Lakes Shopping Center, said point also lying on the westerly right -of -way line of Collier Boulevartl, and the beginning of a curve to the left, of which the radius paint lies South 28'40'49" Wset. a radial distance of 27.54 feet; thence westerly along said southerly line of Tract R -1 and the arc, through a central angle of 28'00'35 ", a distance of 13.46 feet, and being subtended by a chord having a bearing of North 75'19'28" West and a distance of 13.33 feet; thence North 89406'00" West along said southerly line, o distance of 17.05 feet; thence leaving said line North 00'50'44' East, a distance of 12.00 feet; thence North 89'06'00° West, a distonce of 109.58 feet to the point of curve of o non tangent curve to the left. of which the radius point lies South 00'54'01" West, a radial distance of 60.00 feel; thence southwesterly along the arc, through a Centro] angle of 89'59'48 ", a distance of 94.24 feet, and being subtended by o chord having a bearing of South 4554'07' West and o distance of 84.85 feet; thence North 00'54'12" East. a distance of 14.00 feet to a point of curve to the right having a radius of 60.00 feet and a central angle of 89'59'48 "; thence norther slang Clang the arc o distance of 94.24 feel. Chip being subtended by c che'd having a cloning of North 45'54'06" East and a aistonce of 64.85 feet; thence South 89'06100" East. a dielonae of 139.57 feet to a point on the westerly right- of -woy line of said Collier Boulevard, tnence Suelh 00'50'44" West along said line, o distonce of 29.17 feet to the POINT OF BEGINNING. Containing 3,167 square feet more or less. CURVE TABLE l F27 S GELTA LENGTH TANGENT HpR� -OHORO BRG. 4' 8'00'35" 1346' 687 13.33' N%i 198 "W 0' 89'48" 94.2a' 6000 84.85' S45'S4'OT'W ' 89'S9'a8" 94.24' 60.00 _ Sda_85' N4$'S4'OGE Rev 2) Revised per CH2MHILL 12/06 Rev 1) Revised per CH2MHILL 11/06 NOTES; 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being S 0950'44" W. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. S. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power k Light Easement. 14' BE, represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement, 17. A.E. repersenls Access Easement. DAVID J. H .M. (FOR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER .+ This is NOT a Survey. SKETUR k DESCRIPTION OF PARCEL 723 A PORTION OF {NlI$�ijM /l�el' SECTION 15, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA seens.rsr. �«aw+sea.lw.sr" swer.w..,rr� 17dt Cg0@ OIIIIIM tR: G1so9 Ih Ga tttC FlIOl4A taa sxsr gt\.M91C IIIIOCf Ngr LRV: CC80D TMO DJH IC -41 N6015 -SOU -001 723 of % 1C -41 Mar 14, zone - 011:49'.39 ToseoRNElx:\SUR\caef., Wd\CH2MH11l\1C -41 \Naples Lake, Shopping Cemer.dwy 4q ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ----7/1141 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 __ n_e.. x 1 .n.,..,.,h #4 co !etc the. checklist and forward to Sue Filson (line #5). exce Lion ofthe Chairman s st nature, erawauncuuw ,�..,u.,, Route to Addressee(s) (List in routing order 1. ...,.. . ... ........ ... ., _..... ._._ ... Office Initials Date 2. °7 — 3 Ds Agenda Item Number ` 7 3. appropriate. Number of Original 4. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 documen ceding the BCC Ch irman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number Jr� % 144 / Contact Agenda Date Item was °7 — 3 Ds Agenda Item Number ` 7 A roved b the BCC appropriate. Number of Original Type of Document Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached / Attached signed by the Chairman, with the exception of most letters, must be reviewed and signed rlvc'rulrrTlnNq & CHECKLIST Please scan unde in the BMR Real Property Folder. Thank you 1: Forms/ County Forms/ BCC Forms/ iginal Docume is Routing Slip WAS Original 9.03.04, Revised 1.26.05.. Revised 2.24.05 /\/f 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.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other 2arties 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 deadlines! 6. The document was approved by the BCC on 4'I�s 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Of ce has rev' wed t e Chan es, if applicable. Please scan unde in the BMR Real Property Folder. Thank you 1: Forms/ County Forms/ BCC Forms/ iginal Docume is Routing Slip WAS Original 9.03.04, Revised 1.26.05.. Revised 2.24.05 /\/f PROJECT NO.: 60001 PROJECT NAME: Collier Blvd. SUBORDINATION OF UTILITY INTERESTS Public Body p- r THIS AGREEMENT is made and entered into this day of TUIQC 2007, by and between Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County "), and COMCAST OF THE SOUTH, INC., whose mailing address 301 TOWER ROAD, NAPLES, FL 34113 -8074 (hereinafter referred to as "Utility "). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "); and WHEREAS, the County has determined that this Property is necessary for the expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal and will be used for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and /or across said Property, including, but not limited to the claim of interest based upon the following: THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISgK"M %A!.IER COUNTY, FLORIDA. PURSUANT TO THE PROVIN B OF RESOLUTION NO 0 &S — 64 1 SUBORDINATION OF UTILITY INTERESTS NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK -PAGE Easement 1/11/07 Advanced Broadband, LP Comcast of OR 4167 PG the South, Inc. 4020 Plat Dedication 7/13/07 TBI /Naples Limited Comcast of Plat Book 36, Partnership the South, Inc. Page 98 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and /or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation of existing equipment, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST; DWIGHT E. BROCK Clerk -QL �At'test tt t4IC~ Clerk tignatr�ie GnTr' Signed, sealed and delivered in our presence as witnesses: WITNESS (Sig. ure) Name: , FV0J kt7 ✓Ac.ijeF (Print or Type) ,,WITNESS (Signature) Name: 7 (Print or Type) SUBORDINATION OF UTILITY INTERESTS COMCAST T E SOUTH, Inc. By: President/Vice President STATE OF P169 1dfl COUNTY OF L0 ZZI E 1'2 The foregoing Subordination of Utility Interests was acknowledged before me this ,,Z i- day of S V J 2007, by Ltlzx V Sc' -.GI w ehcf,e (Name), as (T le), of COMCAST OF THE SOUTH, INC., who is personally known to me or who has produced asiderit ITc ton. (affix notarial seal) LA—At /��en p�u�n (Signature of Notary Public) �p50.P �Yin wvMYN n�N NYCONINISSIO "501571 (Print Name of Notary Public) y EXPIRES: January 14,2010 NOTARY PUBLIC _ ''Facie Bonded TAN Budge) NftySMylpe Serial /Commission #:(if any) My Commission Expires: / -iy -o1D Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney SUBORDINATION OF UTILITY INTERESTS \ TRACT C LINE Parcel 118 1 BEARING L79 16.94. I Legal Description ' 589'05'50 "E d 1 S4F 1 ' 'W A portion of Tract A. Naples Lokes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public �/'� X Records of Collier County, Florida, being I rliculorly described as follows. (]�yp 7,TZCT �Of L' age 9 al the northeast corner of said Tract A, said point also lying on the I westerly right -of -way line of Collier Boulevard; thence South 00'50'44" West, 1 olong said westerly right -of -way line, a I distance of 328.37 feet to a point of P08 curve to the right having a radius of 1 25.00 feet, a central angle of 86'57'27 ", and a chord bearing of South 44'19'29" 1 West, o chord distance of 34,40 feet; thence southwesterly along the orc a I I distance of 37.94 feet; thence leaving said t line North 31'37'33" East, o distance of 20 LE.' -^ u1 I 16.94 feet: thence North 00'50'44" East, a N Ch r 1 distance of 338.79 feet to the north line n of said Tract A; thence South 89'05'50" N TRACT J I. ( East along said northerly line. a distance 15.00 feet to A n n 'Cos \ Z of the POINT OF BEGINNING. NAPLES LAKES \'a I U O I Containing 5.230 square feet, more or SHOPPING d o CENTER n m less. PLAT BOOK 36 g '- PAGES 98 -99 � J 0 U I NOTES: PARCEL I 1. This is not o survey. 2. Basis of - bearing is the West line of 1 County Rood 951 (C.R. 951) being N I 00'50'44" E. Florida State Plane Coordinates G' TRACT H NAO 83190, East Zone. Subject to easements, reservations and I r restrictions of record. -RATTLESNAKE HAMMOCK ROAD 100' R/W TRACT G _ LOT _4_ SIERRA MEADOWS I PUT BOOK 39 PAGES 11 -13 a 26 m ,es sa4 GRAPHIC SCALE LINE TABLE_ LINE I LENGTH 1 BEARING L79 16.94. N 1•..7:'. .0 L80 15.00 589'05'50 "E d CURVE. TABLE CURVE RADIUS I DELTA I LENGTH I TANGENT I CHORD CHORD BRG. C37 25.00' 37.90 23.70 1 34.40' 1 S4F 1 ' 'W REV 2) REVISED PER CH2MHILL 10 /06 TMO /1965 REV 1) REVISED PER CH2MHILL 05/06 TMO /1965 4. Easements shown hereon are per plot. unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of oufhorizotion LB 43. 7, 1 represents Right -of -Way. 8. P. 0.8. represents Point of Beginning. 9. P.O.C. represents Paint of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power dr Light Easement, 14. O.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. DAVID J OTT, .S.M. (FOR THE FIRM) FLA. LIC. O. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. uncpun a ucaunrr uvo ur ranunu ira ..iaiC A PORTION OF sQillMil/or SECTION 15, TOWNSHIP 50 S., RANGE 26 E., GCSOO I TMO _..I. Di I I N8015 -SOU -001 I 118 Or A act 04, 2006 - 07.2253 TOSBORNEI%: \SUR\COnlp mvd\w2Nlnn \u- 41 \Ndp1ee tOk- Shoppl ^Y Crmer d.9 I I i I TRACT C I ' 1 � �7RACT B - )v —17' P.U.E. 20' LE: TRACT A NAPLES LAKES SHOPPING CENTER PLAT 'BOOK 36 PAGES 98 -99 PARCEL' 718 TRACT H Parcel 718 I I I E MIT A I I I I POB N'05'50 "W 15.00' <P:c 1 I L = I I � I I m I v\ I z >O i V p J f m N W � w � O b /JIB z I I I I RATTLESNAKE HAMMOCK_ROAD 100' R/W TRACT G OT 4 ' L . SIERRA I MEADOWS PLAT BOOK 39 PAGES 11 -13 GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L83 9.77 1 531'37133"w L04 5.00 I S. '19' 4" Rev 3) Revised per CH2MHILL 10 /D6 Rev 2) Revised per CH2MHILL 05/06 Rev 1) Revised distance in description 03/06 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., Legal Description A portion of Tract A. Naples Lakes Shopping Center, as recorded in Plat Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Commencing Of the northeast corner of said Tract A. said point also lying on the westerly right- of-woy line of Collier Boulevard; thence North 89'05'50` West along the northerly line of said Tract A. a distance of 15.00 feet to the POINT OF BEGINNING; thence leaving said line South 0950'44" West, a distance of 338.79 feet; thence South 31'37'33" West, a distance of 9.77 feel; thence North 00'50'44" East, a distance of 347.17 feel to the northerly line of said Tract A; thence South 89'05'50" East along said northerly line, a distance of 5.00 feel to the POINT OF BEGINNING. Containing 1,715 square feel, more of less. NOTES 1. This is not a survey, '. Basis of bearing is the West line of County Road 951 (CR. 951) being N 00'50'44" C Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorizotion LB 43. 7. R/W represents Righf-ol-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. I1. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. EP.L.E. represents Florida Power & Light Easement, I4, DE. represents Drainage Easement. 15. S.E. represents Sidewalk Easement, 16. P.U.E. represents Public Ufilify Easement. 17. L.E. repersents Landscape Easement. f DAVID J. HY rT, :M. OR THE FIRM) FLA, LIC NItI. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER GCS00 I TWO I DJN I IC -41 I N8015- SOU -001 t 715 W% This is NOT a Survey �►iMiller `r` 81a4Y.r 11e wow, OMwr to IC -41 Mar le, 2006 - 08'.29:.19 TOSSORNEI% \SLJ ller bIvd\CH2MHi11\IC- 41\NOple9 Lake% Shopping Centlyd, TRACT C j--17' P.U.E. I I I I I ���ARCEL I 120 I I I TRACT 8 20' LE.� I I I I I I I I I 1 I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 I PAGES 98 -99 I 1 I I I 1 TRACT A I I f I I I I I I I I I I I -- -------- -- ---- Parcel 120 I , I I I I I I I I i I I I I I I Q I I 1 I -_df_� u 25' Poe L I I I I I I I IW o a� Z IN I g U O I O7 N I I I p I i I U I I I I I' RATTLESNAKE HAMMOCK ROAD 100' R/W WMMM LINE TABLE o xe w lox lox LINE LENGTH I BEARING GRAPHIC SCALE L98 38.61 N '4 " CURVE TABLE IGURVEI RADIUS US I DELTA 1 LENGTH TANGENT �T C n 9� CHORD BRC. 4 _ zn.l0• 14.47 2730' N C9 40.00'. 76 SB' 19 22 33 68 Rev 1) Revised bearing in description 03/06 K2KMIL nine Legal Description The easterly 25.00 feet of Tract R -1, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more Particularly described os follow", Beginning at the southeast corner of said Tract R -1, sold point also being the intersection of the southerly right -of -woy . line line of Collier Boulevard wandrlthei belginning of a curve to the left, of which the radius point lies South 4X08'32" West, a radial distance of 46.00 feet and having a chortl beoring of North 63'37'42" West, o chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R -1 and the orc, through a central Ingle of 33'32.48`, p distance of 23.70 fast; thence leaving sold line North 0050'44" East, o distance of 38.61 feet to the northerly right -of -way line Of said Tract R -1 and a point of curve of a non tangent curve to the left, of which the radius point lies North 22.51'tY West, a rodiol distance of 48.00 feel and having a chord beoring of North 45'19'39" East, o chord distance of 35,68 feet; thence . northeosteny along said northerly right -of -way line and the orc, through a central en gla of 43-38109 ", a distance of distance of to the westerly right -of -woy of sold Collier Boulevard; thence South 0050'44" West along said line, a distance of 76.00 feet to the POINT OF BEGINNING. Containing 1,312 square feet, more of lees NOTES I. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 0050.44" E, Florida State Plane Coordinates NAD 83190, Cost Zone. J. Subject fo easements, reservations and restrictions of record. 4. Easements shown hereon are per .plot, unless otherwise noted. 5. Dimensions ore in feet and decimals hereof. 6. Certificate of authorization LS 43. A R/W represents Right -of -Way. 8. P,O,B. represents Point of Beginning, 9. P.O.C. represents Point or Commencement. 10. O.R. represents Official Records. 1t. L.B.E. rapresents Landscape Buffer Easement. 72. U.E. represents Utility Easement. IJ. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Droinoge Easement. 15. S.E. represent, Sidewalk Easement. 16. P.U.E. reproaenfa Public Utility Easement. 17. L.E. repensnla Londseape Eoaemenl. /» eilll�, FLA NOT This is NOT a 8uney. A PORTION OF -/�r SECTION 15; TOWNSHIP 50 S., RANGE 26 E., -- •- +�•�.....e,w.,,.. COLLIER COUNTY FLORIDA raK a00p r. ewws. s..r,w.rw.,r►,err.,w,.rw.n.�..r 111MIK m I m as nn MOM Kos � olsrisY mm m caao TKO lux IC -41 1,1111015-9011 001 120 a x tc -e uxr 14. zoos - 00:22:79 TOSBORNi1E: \SUR\colliw eNd\CH2MHIIf\1C— ll \NapNS lobs Shopping Gntw,dw, Parcel 720 Legal Description I A portion of Tract R -1, Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 9 1 I I I through 99 of the Public Records of Collier County, Florida, being more particularly described as E� I follows. I 1 I■rT 1 j ■ Commencing at the northeast corner of Tract B of TRACT C �a, said Naples Lokes Shopping Center, said point also I I bein th Of g e intersection of the southerly right -of-way I line of Tract R -1 and the we @tarty right -of -way 1 1 I I I line of Collier Boulevard and the beginning of a 1�7T P.U.E. I I curve to the left, of which the radius point it** I South 4508'37 West, a radial distance of 48.00 I I feet and having a chortl bearing of North 63'37'47 PARCEL West, a chord distant@ of 27.70 feet; thence 1 720 1 1 northwesterly along . the southerly line of said Tract I R -1 and the arc, through a Control angle of 33'32'48 ", o distance of 28.10 feel to the POINT 1IP 25 I OF BEGINNING and the beginning of a curve to the 1 rr C I left, of which the radius point Iles. South 09635'54" 1 i POC I I West, a radial distance of 48.00 feet and having o I Chord bearing of North 84'46'41 W @et, o chord TRACT B I I POB I distance of 7.33 (ut: thence westerly along said 1 southerly right -of -way line and the al through a 1 20' L.E. -mot central angle. of 08'45'27, a distance of 7.34 feet: thence North 89'09'12 West, along said 1 right -of -way line, a distance of 29.51 feet; thence I i I I I leaving sold line North 44.09'16" West, a distance I Mi .-. I I of 7.33 feet; thence North 0050'44" East, a. I 1 distance of 28.82 feet to the northerly Yo u7 Q � right -of -way line of saitl Tract R -1; thence South 1y 1 3 I 89'09'12 East, along Said norther) rigqht of wa NAPLES SHOPP SHOPPING I h U �2 1 line, a distance of 22.71 het to o point of curve I b 3 to the left having o radius of 48.00 feet, a central CENTER i \ angle of 23'41158', and o chord bears PUT BOOK 36 I I I 9. of North PAGES 98 -99 j _ 78'59'43" Easy o chord distance of 19.71 test; I I m N 1 I thence easterly along the northerly right -of -way I w I I line of said Tract R -1 and the arc a distance of � ^ I 19.85 feet; thence South 0050'44" West, o 1 w .distance of 38.61 feet to the POINT OF BEGINNING. I 1 J TRACT A i 0 I I Containing 1,442 square feel, more or lees. 1 1 I NOTES: 11 I I I 1. This is not a auney. Ir /J 2. Basis of bearing is the Wolf line of I County Rood 957 (C.R. 951) being N I I 1 I 00'50'44' E, F7orido State Plane Coordinofes I NAD 83190, East Zone. SuaJns1 to easements, roesrvat/ons and re I 1 reahicfions or record. I I 1 ________ ___ __ _._J i 4. Easements. Shown hereon am per plot unit's Oti noted. 5. Dimensions are in leer and decimate thereof. I I thereat. I I RATTLESNAKE HAMMOCK ROAD 6. Certificate of authorization LB 43. 1600' R W 7- R/W represents Righf -of -Way. 0 7 I 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. I0. O.R. represents Official Records. If. L.B.E. repnsenfs Londscops Buffer Easement. 12. U.E. represents Utility Easement. LINE TABLE IJ. F.P.L.E. represents Florida Power d Light LINE LENGTH Easement. BEARING 74. D.E. represents Draigpq@ Eoso,l L99 29.51 13. S.E. represents Sidewalk Eosamenl. L100 7.33 4 "W, 16. P.U.E. repm4lonts, "i' 11'111U,Jtlity Easement. 1-101 28.82 '44- 17. LE: repenent :Gdndicfo I' L102 9( Rif asament. 0 9e m Ise 900 22.71 2 L103 38.61 '44-W 54 a _ GRAPHIC SCALE U CU NE TABLE KI !u y CURVE RADIUS DELTA LENGTH TANGENT 27. . CHORD BRC. DASD U Hy' 4fjRM) CB 48.00' - 28.70' 14,77 27.70' FU. LIC. N SBJIr r C10 48.00' 4 - 7.341 3,67 7,3 • Ir YW NOT VALID WITHQUT T7jE SI�+1�TORE AND THE C11 48.00' 19.65' 10.07 19.71 • ORIGINAL RAISED- SEAL bk' A`f�ORIDA LICENSED Rev 1) Added 0 to Oelta per County Comment 03/06 SURVEYOR AND MAPPER 4. 0 B• 8 08 This is NOT a Bulmay. SKETCH k DESCRIPTION OF 'PARCEL 720 u� A PORTION OF -+-- SECTION 15, TOWNSHIP 50 S., RANGE 26 E., "- ^ ey-- �•- rw+r..•,....,... COLLIER COUNTY FLORIDA are4ew, he Ir�E 0096 rsy0111IT ON�11 tTn Oe® FlR 61p s!C IIs0ile0r IY aIYT 011eMN �6Q Iq CCS00 TNO DJH IC -41 N6016 -8011-001 790 a X IC -41 11M Mar I4, 20de - 08:29:39 TOS8ORNEIX: \5lIR\..11Ml bl1l\CH2MHIII\1C- 41 \Nn91u Ul SheVWn9 Cmlw.d, Parcel 723 I FUTURE 20' L.E. -- I I DEVELOPMENT I I DE, AE, ME, I n pp NAPLES LAKES 1 EX T COUNTRY CLUB PLAT BOOK 33 PARCEL , I Pag� Of I ,! PAGES 8- 15 723 �__ T"`- aLN ■ GRAPHIC SCALE LINE TABLE LINE I LENGTH I .BEARING P L114 1 12.00 1 N 0 0'44" L715 I 14.00 I N0054'1 "E $00'50.44 "W I 1fl$.88t 29.17' I r r -- Poe/' l w3 jOBOOK .RPAGE0322858,9'I j TRACT p z l � 1 10' F:P:L.E. 3 r 1 3 1 O.R. BOOK 3600, -H v\ 1 R , P 1952 -1954 11 1 1 ¢_ �O 1--17' P.U.E. 1 1 NAPLES LAKES -IJJ )H PPING CENTER 11 �I- PAGES 98 -99 � 1 TRACT C i � � I I I L0901 Description A portion of Tract R -1 of Naples Lakes Shopping Center, as recorded in Plot Book 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described as follows. Beginning at the southeast corner of Tract R -1 of said Naples Lakes Shopping Center, said point also lying on the westerly right -of -way line of Collier 8oulevortl, and the beginning of o curve to the left. Of which the radius point lies South 28-4O'49" West, a radial distance of 27.54 fed; thence westerly along said southerly line of Tract R -1 and the arc, through a central angle of 28-00'35 ", a distance of 13.46 feet, and being subtended by 0 chord having a bearing of North 75'19'28" West and o distance 01 13.33 feet; thence North 89'06'00" West along said southerly line, a distance of 17,05 feat: thence leaving saitl line North 0050'44" East, o distance of 12.00 feet: thence North 89'06'00" West, o distance of 109.58 feel to the point of curve of a non tangent curve to the left, of which the radius point lies South 0054'01" West. a radial distance of 60.00 feel; thence southwesterly along the arc. through a central angle of 89'59'48 ", a distance of 94.24 feel, and being subtended by o Chord having a bearing of South 45'54'07" West and o distance of 84.85 feet; thence North 0054'12' East, a distance of 14.00 led to a point of curve to the right having o radius of 60.00 feet and a Central angle of .8959'48"; thence northeosterly along the are a distance of 94.24 fed, and being wbtended by a chord having o bearing of North 45'54'08' East and a distance of 84:85 feet; thence South 8906'00" East, a distance Of 139.57 feet to o point on the westerly Hgh(- of -woy line of said Collier Boulevard; thence South 0050'44" West along said line, a distance of 29,77 feet to the POINTOF BEGINNING. Containing 3,167 square feet more or less Rev 2) Revised per CH2MHILL 12/06 Rev. t) Revised per CH2MHILL 11/06 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., r.nrsrnn ..n....,.,., .. ".. _ "_. monw�m NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C. R. 951) being S 0050'44" W. Florida Slate Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements Shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way, 8. P.O.B. represents Point of Beginning, 9. P.O.C. represents Point of Commencement, 10. O.R. represents Official Records. 11. L.B.E. represent, Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F,P.L.E. represents Florida Power k Light Easement. 14. O.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. A.E. repersents Access Easement. DAVID FU. LIC . NO. H 383 :M. (FOR THE FIRM) 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF.A FLORIDA LICENSED SURVEYOR AND MAPPER s' This is NOT a Survey. Mae ft etrr4ew, Iw. 723 OF X _..1 IC -44 _,._ ... ...,.....,,,1,.- ., v..p,.. Saxe. 5hePPl.g c.,n.r.dvs CURVE TAB � CURVE. AAD11/5. DELTA LENGTH -_, TANG T CHORD CHORD BM CU 27.4 .28-00-36'-4 13.46 13.33 N7s•�o.. ". C2B C29 _60:00 60.00 8 9'4 " 94.24' 80.00 84;86' S45'54'07"W to 94.2x' 8Q.Q0 84:85 N4 4' Rev 2) Revised per CH2MHILL 12/06 Rev. t) Revised per CH2MHILL 11/06 A PORTION OF SECTION 15, TOWNSHIP 50 S., RANGE 26 E., r.nrsrnn ..n....,.,., .. ".. _ "_. monw�m NOTES: 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C. R. 951) being S 0050'44" W. Florida Slate Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements Shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way, 8. P.O.B. represents Point of Beginning, 9. P.O.C. represents Point of Commencement, 10. O.R. represents Official Records. 11. L.B.E. represent, Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F,P.L.E. represents Florida Power k Light Easement. 14. O.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. A.E. repersents Access Easement. DAVID FU. LIC . NO. H 383 :M. (FOR THE FIRM) 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF.A FLORIDA LICENSED SURVEYOR AND MAPPER s' This is NOT a Survey. Mae ft etrr4ew, Iw. 723 OF X _..1 IC -44 _,._ ... ...,.....,,,1,.- ., v..p,.. Saxe. 5hePPl.g c.,n.r.dvs Project: 60001 Parcel: Collier Blvd. SECRETARY'S CERTIFICATE (Authorization of Real Estate Signatories) I, Arthur R. Block, of Comcast of the South, Inc., a Colorado corporation (the "Company "), whose address is 1500 Market Street, Philadelphia, PA 19102, hereby CERTIFY that the following resolution(s) are a true and correct copy of a resolution by the sole director of the Company in accordance with the by -laws of the corporation. Such resolutions have not been rescinded or modified and remains in fall force and effect: RESOLVED, that Lawrence Schweber, Vice President — Operations, is authorized to execute and deliver for and on behalf of the Company contracts, leases, agreements, deeds, subordination and to perform all such acts and to execute such additional documents as may be necessary or appropriate in connection with such transactions. FURTHER RESOLVED, that the Secretary and any Assistant Secretary of this Company, and the sole director are also authorized to attest to real estate documents which have been executed pursuant to these resolutions (except that no individual may attest to his or her own signature). IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the corporate seal this 3 d day of November, 2006. V�A&�' (Signature of Secretary) Arthur R. Block Secretary (Print Name) 10H MEMORANDUM Date: December 14, 2005 To: Artie Bay, Operations Analyst Emergency Medical Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Renewal Application Enclosed please find a certified copy, (Agenda Item #10H), as referenced above, approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you have any questions, please call me at ext. 7240. Thank you. Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO u 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 Offce. 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 sienature. 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. ARTIE BAY, EMS (Initial) 774 -8459 2. Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number H 3. 12/13/05 j6P 1— W 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 1 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 1 Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact ARTIE BAY, EMS (Initial) 774 -8459 Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number H Approved by the BCC 12/13/05 j6P 1— W Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached RENEWAL PERMIT Documents Attached 1 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) 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 partiesexcept 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 12 11 3 _- (enter date) and all changes made during the meeting have been incorporated id the attached document. The r County Attorne 's Office has reviewed the changes, if applicable. I I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10H NCH Healthcare Systems COPCN Renewal Application (941) 513 -7080 Pager: (941) 279 -9279 Neafthcaro System Dave Mennini Manager NCH Non - Emergency Transport Network 350 Seventh St. North • Naples, FL 34102 P.O. Box 413029 • Naples, FL 34101 -3029 Naples Campus 350 Seventh Street N. Naples, Florida 34102 (941) 436 -5000 www.NCHmd.org To: Dan Summers, Director Bureau of Emergency Services Collier County, FL. From: Dave Mennini, Manager NCH Healthcare Systems, Ambulance Services Subject: Certificate of Convenience and Necessity for NCH Healthcare Ambulance Services Department Per Collier County Ordinance Number 2004 -12, please accept the following information for the renewal of the required certificate. 10H North Collier Campus 11190 Healthpark Boulevard Naples, Florida 34110 (941) 513 -7000 1. NCH Ambulance Services is operated by the NCH Healthcare Systems Located at: 350 7h St N Naples, Florida, 34101 2. NCH Ambulance Services, provides the NCH Healthcare System with Interfacility and out of county ambulances transports. 3. NCH Ambulance Services has a total of, 2 -State Licensed ALS Ambulances. We intend to add one additional ALS transport unit during the next three months. 4. NCH Ambulance Services is located at: 2157 Pine Ridge Rd Naples, Florida 5. NCH Healthcare Systems has been providing ALS services for 14 Months. 6. Schedule of rates: Attached 7. References: Attached 8. NCH Healthcare Systems financial statement is available upon request. d CD MV' O 0 C CD CD H F- m y 8 n N �qCq),C O v. 0 (� °,a ,- �b 00 r D ; y 9 ,b O H /� A A m rl � o �z 'A� 0 '° �.. oo n cs 0, CL o• c C, eo tr by o A �• ?; � � is a- Qo y '11 m 0' 0 o m w ti n coo o y j�•�" � q a �C �`C m� <Ab• � lu� rn CrJ � A R. tro A m 4 l CD 77 O A. coo o a O A m 121, CD .� o r a v Vl c`n td A Y � ■1 ^7 ^7 N b 71 n td V4 CD i z b a H ro In CD ril W Ul 0 V rt rt P) H CD ro ro rt z hJ O rt z w n o C r W F- O N W I•� U N IOH cn b 0 A.. n z x x ro w Fl rt x n w n ro N rt n MV' O C CD n F- n N D lu� Y ■1 b 71 n td V4 CD i z b a H ro In CD ril W Ul 0 V rt rt P) H CD ro ro rt z hJ O rt z w n o C r W F- O N W I•� U N IOH cn b 0 A.. n z x x ro w Fl rt x n w n ro N rt n MV' O C CD n F- n N D td r� ~ � d yo o P b a x u G7 10" Attachment 6 lOH FROM: NCH Healthcare System TO: Collier County Board of Commissioners CC: Collier County Emergency Medical Services Date: 09 -01 -2005 Subject: 2005 NCH Ambulance Charges Below, please find the updated charges for transport by NCH Ambulance. 280020 -9 NCH BLS Transport A0429 500.00 280030 -8 NCH ALS2 Transport A0433 600.00 280040 -7 NCH ALS1 Transport A0426 525.00 280050 -6 NCH ALS1 Transport A0427 550.00 280070 -4 NCH BLS Transport A0428 515.00 10" Attachment 7 NC**e---"H Healthcare System Search for a Physician Hospitals Walk -In Centers >. Patient Information Announcements Healthcare Services Calendar News & Events About Us Officers & Trustees Giving/ Foundation a. Directions to NCH ca Community Health Partners Website Map Frequently Asked Questions Officers & Trustees The NCH Healthcare System F2egaorai He11sEitue NCH Healthcare System Naples Community Hospital Inc., Community Home Services Marco Healthcare Center Isabel Collier Read Healthpark BOARD OF TRUSTEES - 2005 -2006 NCH HEALTHCARE SYSTEM, INC. NAPLES COMMUNITY HOSPITAL, INC. COMMUNITY HOME SERVICES, INC. Corporate Officers Carl E. Westman Stephen L. Schwartz Richard M. Roland, M.D Richard J. Censits Edward A. Morton Allen S. Weiss, M.D. James A. Warnken Cynthia A. Bennett Trustees: Allen, Elizabeth Baker, Jay Bodman, Richard S. Dalton, Susan Dernbach, M.D., Paul Flewelling, Linda Franklin, Laverne C. Grieve, Sandy Goetz, Ellin Grady, Thomas R. Greider, Christine H. Chairman 1st Vice Chairman 2nd Vice Chairman Secretary /Treasurer CEO President Asst. Treasurer Asst. Secretary Top 5 % in the Nation for Overall Clinical Excellence p: / /www.nehmd.org/body.cfrn ?id =487 9/16/2005 Lanigan, rtonerL Lerner, Arnold Lutgert, Scott Maldonado, M.D., Nelson Marinelli, Paul McLaughlin, M.D., Diana Moll, Gerri Morrison, John Perkovich, Joseph I. Perman, Rabbi James Reilly, M.D., Raymond E. Stedem, Edwin Go to the associated page Return to Top MARCO HEALTHCARE CENTER Corporate Officers Allen, Elizabeth McGregor, James Kurtzman, Paul Diaz, Al Cooper, June Morton, Edward Weiss, M.D., Allen Warnken, James Bennett, Cynthia Trustees Adams, Richard G. Ausbon, M.D., William Burkhart, Joseph Fuson, Palma Kappauf, Melody LaLonde, Elizabeth Lucchese, Alphonse Marks, Robert Mordecai, Bryan Morris, William G. Patterson, John L. Saco, Yvette Tseckares, Socrates Stolee, M.D., Thomas' Tellinghuisen, Barbara Wheeler, W. G. (Spike) Willner, M.D., Howard Go to the associated page p: / /www.nchmd.org/body.cfin ?id =487 Chairman 1st Vice Chairman 2nd Vice Chairman 3rd Vice Chairman Secretary CEO President Asst. Treasurer Asst. Secretary lOH 9/16/2005 J'rjH COLLIER COUNTY FLORIDA Renewal of Class `B" COPCN Name of Service: NCH Ambulance Services Name of Owner: NCH Healthcare System Principle Address of Service: 2157 Pine Ridge Road, Naples, Florida Business Telephone: (239) 513 -7080 Description of Service: Intrafacility and out of county transport for the NCH Healthcare System Number of Ambulances: 2 Ground Units See attachment for description of vehicles. This permit, as provided in Ordinance No. 2004 -12, shall allow the above named Ambulance Service to operate intrafacility and out of county transports 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 application to the provisions of Emergency Medical Services. Issued and approved this i '.) A k-\ day of 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. BTQck,.CLERK COLLIER COUNTY, FLORIDA t y, .leeks Fred doyle, Chairman Att:Ai,$ %ui t s i 4nat . ilea. W i LONiLJPri county of COLLIER �!nivI HEREBY CERTIE`t THAT tuts is a true and correct copy of ., oocumeni on file 1n `3oard Miinutes and Recorau of Collier COun nty �.:fte nny WITNESS my Kano an official seal this 1 '4 day of DW E. (BA 0(, , CL" K OF D.C. COURTS y: Fe x a tz O O 0 x z 0 CA rr O z 0 _ S O H b Gi w w 4 w b 0 _ y w a Z a b r 0 3 c z �C x O a r uit M h x a tz O O 0 x z 0 CA rr O z 0 _ S O H b Gi w w 4 w b 0 _ y w a Z a b r 0 3 c z �C x O a r 16g11 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this "d _ day of 2006, between Stock Development, LLC a Florida limited liability company hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board ". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Moorgate Point. B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: A 84 lot single family residential subdivision on 24.60 acres which includes Roadwork, Storm Drainage, Sanitary Sewer, Potable Water, Irrigation, Earthwork, Street Lighting, Permanent Reference Monument and Landscape Buffering within eighteen (18) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $2,723,444.88 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been Pagel of 3 16AII furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause Page 2 of 3 �I to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of 2006. SIGNED IN THE PRESENCE OF: ATTEST: DWIGHT E: BROCK, Cferk STOCK DEVELOP a Florida limited lia By: Z',,. ' S Provide Proper E�idb-h`c e of Authority By: C, �rk Approved as to form and legal sufficiency; BY: Jeff E. W gh sistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Page 3 of 3 �4ea C-04L;- 16A11 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5022234 KNOW ALL PERSONS BY THESE PRESENTS: that Stock Development, LLC 4501 Tamiami Trail N. Suite 300 Naples, FL 34103 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company, 1919 S. Highland Ave., Bldg. A -Ste. 300, Lombard, IL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Two Million Seven Hundred Twenty Three Thousand Four Hundred Forty Four and 88/100 Dollars ($2,723,444.88) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Moorgate Point (Utilities and Infrastructure to Support 84 Single Family Attached Units) and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period "). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the county may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land 16A11 Development Regulations. The term "Amendment," wherever used in this Bond and whether referring to this Bond or other documents, shall include any alteration, addition, or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be Executed this 7th day of June, 2006. Note: 2 witnesses for each signature Witness: Witness: Principal: Stock Development, L LC Surety: Bond Safeguard Insurance Company By: 0dAXM ';�' rz Dawn L. Morgan, Attorne in -Fact License# P011322 0) POWER OF ATTORNEY A§A1 I AO Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: Michael J. Scheer, James 1. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute bbeh If of the Company anV bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ �OO,O�t)•00 Two Million Eighf Hundred Thousand x1lars which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. ��JPRp INSUggNO `goo BOND SAFEGUARD INSURANCE COMPANY AN ILLINOIS y CIO INSURANCE Z . COMPANY BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. "OFFICIAL SEAL" LYDIA J. DEJONG Public, State of Illinois [N:ot:ary mmission Expires 1/12/07 r- Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 7th Day of �P��JPpp INSUNA1,0 o AN 2 ILLINOIS Z m NSURANCE K COMPANY June _20 06 n, Donald D. Buchanan Secretary 16A11 State of Illinois } } ss. County of DuPage } On June 7 2006, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Dawn Morgan known to me to be Attorney -in -Fact of Bond Safgquard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he /she duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 4/23/2009 oty l Pl c a Mrcus, Nar ub G OFFICIAL SEAL ELAINE MARCUS �' PUBLIC • STATE OF QU W COhNESglgy EXPIRES•pd� 10+12. MEMORANDUM _Date: December 14, 2005 To: John Houldsworth, Senior Engineer Engineering Services Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -418: Mahogany Estates Enclosed please find one copy of the document referenced above (Agenda Items #16Al2), approved by the Board of County Commissioners on Tuesday, December 13, 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 ' % 2 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 fg 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 signature, draw a line through routing lines 91 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. J appropriate. Agenda Item Number 1 Approved by the BCC % / U �` .1 / 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original 4. lw A Documents Attached 5. Sue Filson, E ecutive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION R, (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_ Phone Number N/A (Not Agenda Date Item was appropriate. Agenda Item Number Applicable) Approved by the BCC % / U �` .1 / Type of Document signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original Attached lw A 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 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 off our deadlines! 6. The document was approved by the BCC on /j/1 ClQenter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The / ' n option for County Attorney's Office has reviewed the changes, if applicable. r 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 I 6ki 2 RESOLUTION NO. 05- 418 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN MAHOGANY ESTATES, 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 OWNERS OF LOTS 1, 2 AND 3 OF MAHOGANY ESTATES WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 28, 2000 approved the plat of Mahogany Estates for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Mahogany Estates 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 owners of Lots 1, 2 and 3 of Mahogany Estates. This �,Resolution adopted fter motion, second and majority vote favoring same, this 15 r bay of �'' , � �0 /7/ ✓2005. Approved as to `orm and legal sufficiency: c M Jennifer A. Belpe 'o Assistant Collier Co ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - -luck W 0c, - FRED W. COYLE, CH MAN i6A14 MEMORANDUM Date: December 16, 2005 To: Michelle Arnold, Director Code Enforcement From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Release and Satisfaction of Liens Enclosed please find a copy of the documents referenced above, (Agenda Item #16A14) approved by the Board of County Commissioners on Tuesday, December 13, 2005. The original document is going to be sent to recording as per your request. If you should have any questions, please contact me at 732 -2646 ext. 7240. Thank you. Enclosures This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752408 OR; 3949 PG; 3402 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 RELEASE AND SATISFACTION OF LIEN 16A14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Jesus & Maria G Martinez 4401 17th PI SW Naples, FL 34116 The lien was recorded on 8/9/2005, Official Record Book 3863 Page 2923, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy -five dollars and fifty - four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 4401 17th PI SW Cost: $175.54 Reference: OSM 2005040611 Folio: 35763560001 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exepution and recording pf the Satisfaction f � of Lien, by action of the Board on this day of 1 _f e7" T )"'_ _,2005. ATTEST kt ®y DWIGHT E. BR° By: _ p,puty Clerk Appro w ' ' sufficiency Steven D. Griffin Assistant County Atto BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: �W. FRED W. COYLE, ChairmcV This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 * ** 3752409 OR; 3949 PG; 3403 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT B. BROCK, CLERK RBC FBI 10,00 COPIES l An Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 RELEASE AND SATISFACTION OF LIEN 16A14 This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated April 5, 2005, a certified copy of which was recorded in O.R. Book 3771, Pages 3440, et seq., on April 11, 2005, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Benito Ramos and/or Sonia Tejada, has been discharged in full. The North 75 feet of the South 150 feet of Tract 34, GOLDEN GATE ESTATES, Unit No. 22, according to the plat thereof, recorded in Plat Book 7, Page 84, of the Public Records of Collier County. Folio No. 37692360008 Cost: $334.64 Reference: CEB 2005 -12 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Benito Ramos and/or Sonia Tejada, and consents to this lien being discharged of record. Dated this day of �L� ✓r>7 /�� y _2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA `yy v .r 1 t f" By: By: A uty Clerk FRED W. COYLE, CHAI N App vii d io ford .oi c legal sufJ /1; 4p Jeffre�A. atzkow Assis nt C my Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 * ** 3752410 OR: 3949 PG: 3404 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 RELEASE AND SATISFACTION OF LIEN 16A14 This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated June 29, 2004, a certified copy of which was recorded in O.R. Book 3598, Pages 0370, et seq., on July 1, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Paul J. Zaino has been discharged in full. The real property located at 3341 Corana Way, Naples, Florida, more specifically described in the deed recorded in Official Record Book 2674, Pages 3046, et seq., of the Public Records of Collier County. Folio No. 68093000004 Cost: $465.05 Reference: CEB No. 2004 -028 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Paul J. Zaino, and consents to this lien being discharged of record. 1 Dated this day of �U �c�1 r�� c� , 2005. ATTEST: r " B .- QL , Y` kt OS :e uty Clerk Si Ap r0ved as °tb" and lel? .4nc Jeffry A. �Vtzkow Assi tant C my Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '4w- L'), "L FRED W. COYLE, CHAITQAN This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 * ** 3752411 OR; 3949 PG; 3405 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AK DWIGHT E. BROCK, CLERK RBC FEE 10,00 COFIBS 1.00 CLERK TO THE BOARD 16A14 INTEROFFICE 4TH FLOOR EYT 7240 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated June 29, 2004, a certified copy of which was recorded in O.R. Book 3598, Pages 0391, et seq., on July 1, 2004, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Herman Haeger, has been discharged in full. All of Tract No. 10, Golden Gate Estates, Unit No. 87 according to the map or plat thereof recorded in Plat Book 5, Page 26 of the Public Records of Collier County, Florida. Folio No. 41280440009 Cost: $626.25 Reference: CEB 2004 -18 The undersi gned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Herman Haeger, and consents to this lien being discharged of record. Dated thrs _ day of ATTEST: DWIGHT E. BROCK, Clerk By: \F .,St 1Nity Clerk '�4110 04 L Ap ov�Pd a$'to; ORT legt su1,i1 e5� Jeffr A. Assi ant BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. FRED W. COYLE, CHA AN This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 * ** 3752412 OR; 3949 PG; 3406 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT E. BROCK, CLERK REC FEE 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16A 1 B %T 7240 4 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated 8/29/2005, a certified copy of which was recorded in O.R. Book 3878, Pages 2308, et seq., on 8/30/2005, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Cloverfield Investments, has been discharged in full. Tracts A and B, PORT OF THE ISLANDS (THE CAYS) PHASE II, according to Plat Book 21 Page 1 Folio No. 68300000108 Cost: $561.17 Reference: CEB 2005 -30 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Cloverfield Investments, an consents to this lien being discharged of record. Dated this 1 '6 day of �'�`C�Y1 �L 2005. ATTEST: DWIGHT E. BROCK, Clerk r r: :40+ 'r rJ puty Clerk _ +1GIl1n4s . veil ,.{y es to �40`40d,'," 3 uffle',i'rc Jeffre A. Klatzt�w Assist nt Count ttomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: luck W. FRED W. COYLE, CHA AN This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752413 OR; 3949 PG; 3407 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2009 at 08:56AN DWIGHT E. BROCK, CLERK REC FEE 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 4 E %T 1240 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: WILLIAM & LOLA OVERTON 1451 13TH Ave. N. The lien was recorded on 5/13/2005, Official Record Book 3797 Page 3859, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One Hundred Eighty Two Dollars and Nineteen Cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 1451 13'h Ave. N. Naples, FL 34102 Cost: $182.19 Reference: 2005010460 Folio: 46570280000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and r�ecording of the Satisfaction of Lien, by action of the Board on this / day of .QJ '.,f � o�7 >,/;���' , 2005. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: `M � to beputy Clerk FRED W. COYLE, Chair sago Itu, : App s ii c nc It al sufficiency e Steven D. Griffin Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752414 OR; 3949 PG; 3408 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 SATISFACTION OF LIEN Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 16A14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004 -134 against: Mobil Oil Corp PO Box 4973 Houston, TX 77210 The lien was recorded on 5/20/2004, Official Record Book 3568 Page(s) 3614, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Property located at 3777 Tamiami Trail East, Naples, Florida, more particularly described in Warranty Deed recorded at OR 1056 Page 0984 of the Official Records of Collier County, Florida Cost: $255.00 Reference: 2469 Folio: 00393560008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and r cording of the Satisfaction of Lien, by action of the Board on this �! �) f day of __ 'g ,1 - >r e- ,'/' 2005. ATTEST DWIGHT E. BROCK, Clerk ..t�Si�S+racdtiaara, !'-901 ufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .'-4Uj-.W - ( 1�-� L FRED W. COYLE, Chai an This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752415 OR: 3949 PG: 3409 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AK DWIGHT E. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 SATISFACTION OF LIEN Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16A14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2001 -334 against: Stanley W. White, Jr., Karla M. White & Stanley W. White, Sr. 386 Ridge Dr. Naples, FI 34108 The lien was recorded on 10/03/01, Official Record Book 2901 Page(s) 1785, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 31, J &C Industrial Park, Section 11 Township 49 South Range 25 East, Collier County Florida Cost: $255.00 Reference: 1827 Folio: 245160006 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and ecording of,the Satisfaction of Lien, by action of the Board on this day of s l� Pc/ el-021 , 2005. ATTEST DWIGHT lerk i 'regal sufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. C'!�' FRED W. COYLE, Chairon This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752416 OR; 3949 PG; 3410' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT B. BROCK, CLERK RBC FEE 10,00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 RELEASE AND SATISFACTION OF LIEN 16g14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Kenneth Lanigan 5890 Wax Myrtle Way Naples, FL 34110 The lien was recorded on 7/21/2005, Official Record Book 3850 Page 0404, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred thirty -eight and sixty -five cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 5890 Wax Myrtle Way Cost: $138.65 Reference: OSM 2004060817 Folio: 76364280008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex cution and recording of the Satisfaction of Lien, by action of the Board on this day of 1� P li7? zl' , 2005. ATTEST DWIGHT ;Rft rk BY t A— Deputy Clerk St �!' fit! �T►�xj • AID 1i F• I sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L/J . FRED W. COYLE, ChaAmbn This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752417 OR; 3949 PG; 3411 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT B. BROCK, CLERK REC FEB 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 RELEASE AND SATISFACTION OF LIEN 16A14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Current Builders Construction Management 4172 B Corporate Square Naples, FL 34104 The lien was recorded on 7/6/2005, Official Record Book 3837 Page 0554, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six hundred seventy -three dollars and eight cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 12935 Positano Circle Cost: $673.08 Reference: OSM 2005031361 Folio: 00287040003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exee,,, cution and recording oft � , a Satisfaction of Lien, by action of the Board on this /, day of 1 � 2005. ATTEST DWIGHT E. Bi�QCK, Clerk + t4 oatim, _ 001... y m Assistant County Attorney OL_ wty Clerk sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W, C'J' FRED W. COYLE, Chai n This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752418 OR; 3949 PG; 3412 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AK DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16A14 E %T 7240 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Edwin Watts Golf, LLC 3980 Tamiami Trail North Naples, FL 34103 The lien was recorded on 7/21/2005, Official Record Book 3850 Page 0407, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five hundred ninety -eight dollars and fifty cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 3980 Tamiami Trail North Cost: $598.50 Reference: OSM 2004090845 Folio: 77410120008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and rec ding of thg Satisfaction of Lien, by action of the Board on this /, "t day of �/�Pc' e'i ✓�I , 2005. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGI IT E,,5PZ0 %, Clerk COLLIER COUNTY, FLORIDA B b M G+. � By: � . j St at t0 fiiw—wlauty Clerk FRED W. COYLE, ChaiAubn � App�`ov s to, Lpr ai sufficiency Ste\Ken D. Ghtfin ''✓j Assistant County Attorney This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752419 OR; 3949 PG; 3413' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT E. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 RELEASE AND SATISFACTION OF LIEN 6A14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Juan Jose Abasolo 4545 23rd Ave SW Naples, FL 34116 The lien was recorded on 7/6/2005, Official Record Book 3837 Page 0542, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three hundred sixty -one dollars and fifty -five cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 4545 23`d Ave SW Cost: $361.55 Reference: OSM 2005040098 Folio: 35741600006 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe ti and recording of a Satisfaction of Lien, by action of the Board on this f day of��s 2005. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ;.,e�rrdilil�;� rA".�� gmsa• rf, By: By: . tt Geputy Clerk FRED W. COYLE, Chairon Ap ,�tFeee. �iWw. Steven D. Griffin Assistant County A grgal sufficiency r_ This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752420 OR; 3949 NO- 3414 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AK DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR �j B %T 9240 16A14 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Melissa Compton 2768 Longboat Dr Naples, FL 34104 The lien was recorded on 8/9/2005, Official Record Book 3863 Page 2920, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred fifty -eight dollars and no cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 2768 Longboat Dr Cost: $158.00 Reference: OSM 2005050904 Folio: 26731720002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execVtion and r� ording of toe Satisfaction of Lien, by action of the Board on this / <day of -, /J e � e � , 2005. ATTEST DWIGHT E. BROCK !: �f rk By: Aft St tS ' L© 0 ja f %i ty Clerk signatwe Approved as to grim e legal sufficiency Steven D. Griffin Assistant County Atto BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: e n) F La ED W. COYLE, Cha' an This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752421 OR; 3949 PG; 3415' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AK DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn; CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16A14 EYT 7240 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Lazardo & Madalid Martinez 26013 th St. SW Naples, FL 34117 The lien was recorded on 8/9/2005, Official Record Book 3863 Page 2929, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy -eight dollars and sixty - seven cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 26013 th St SW Cost: $178.67 Reference: OSM 2005070140 Folio: 37013880002 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and rec di of tTe Satisfaction of Lien, by action of the Board on this >� %' day of / Pel e"'�T'" Y' 2005. ATTEST DWIGHT It' t`$I GK, CldrkL By: Y �. at toma t Clerk Sj Appr yed a rtinL , al sufficiency Steven D. \Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W . C 8:!, L COYLE, Chai n This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752422 OR; 3949 PG; 3416 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AN DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Lisette Brivelle & Frank Duclos 1754 41" Ter SW Naples, FL 34116 The lien was recorded on 4/19/2005, Official Record Book 3777 Page 4034, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred seventy -nine dollars and seventy -one cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 1754 41 sc Ter SW Cost: $179.71 Reference: OSM 2005030015 Folio: 35771520004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs eyecution and recording of he Satisfaction of Lien, by action of the Board on this �? t' day of \ %) P� 011 r , 2005. ATTEST DWIGHT E. BROCK,,GIerk By: Anus to sign✓ Approveor Pd � c Steven D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: uty Clerk FRED W. COYLE, Chair sufficiency This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752423 OR; 3949 PG; 3417 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AH DWIGHT B, BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7240 RELEASE AND SATISFACTION OF LIEN 16A14 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Collier Realty Corp. 975 N. Collier Blvd Marco Island, FL 34145 The lien was recorded on 9/19/2005, Official Record Book 3892 Page 1593, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred nineteen dollars and sixty -four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 101 New Market Rd Cost: $219.64 Reference: OSM 2004070488 Folio: 63863840004 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs xecution and recording of the Satisfaction of Lien, by action of the Board on this �— day of c�� l j� b �,•' , 2005. ATTEST DWIGHT Eo,1314 r 41fe By: Av Clerk Assistant County Attorney .iency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRtD W. COYLE, ai an This instrument prepared by: Leonardo Bonanno, Operations Coordinator Secretary to the Special Master Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3752424 OR; 3949 PG; 3418 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AM DWIGHT E. BROCK, CLERK RIC FEE 10.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLO BKT 7210 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Ann Chamberlain 204 Woodshire Lane Naples, FL 34105 The lien was recorded on 5/31/2005, Official Record Book 3797 Page 3874, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of two hundred twenty -two and sixty -four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 204 Woodshire Lane Naples, FL 34105 Cost: $222.64 Reference: OSM2004040270 Folio: 262286008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs xecution and recording of t" Satisfaction of Lien, by action of the Board on this �_- day of � /) e -ee" 7-1 2005. ATTEST Y, " BOARD OF COUNTY COMMISSIONERS DWIGHT E.' ,B-Ro k `; 0erk. COLLIER COUNTY, FLORIDA LCL By: � r.1 By: .� #uty Clerk FRED W. COYLE, Chair Approved ?s.ci'f ®Fr iii, al sufficiency Steven Griffin Assistant County Attorney This instrument prepared by: Shirley Garcia, Administrative Secretary Code Enforcement Department * ** 3752425 OR: 3949 PG: 3419 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:56AK DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 2800 North Horseshoe Drive Retn: Naples, FL 34104 CLERK TO THE BOARD n (239) 403 -2440 INTEROFFICE 41H FLO A 4 BIT 7240 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by an Order executed by the Special Master against: Maria Zuluaga 1072 Wisconsin Dr. Naples, FL 34103 The lien was recorded on 3/7/2005, Official Record Book 3747/3747 Page 0847/0848, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Seven Hundred Sixty Nine and Twenty Four cents, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: 2101 Sunshine Blvd. Cost: $769.24 Reference: OSM 2004090395/2004090396 Folio: 36114360008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exWution and r cording of the Satisfaction of Lien, by action of the Board on this / ti ' day of �/� ��n a �' c , 2005. ATTEST DWIGHT E. BROC'I ,416rk.. By. to ��i� Clerk signatlla on�� Approve as to form grid sufficiency Steven D. Griffin Assistant County A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. (" L FRED W. COYLE, Chai0lan I (7A29 .. MEMORANDUM Date: December 14, 2005 To: Amy Patterson Impact Fee Manager From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement between Collier County and the Big Corkscrew Island Fire Control and Rescue District. Enclosed please find the original document (Agenda Item #16A29) as referenced above, which was approved by the Board of County Commissioners on Tuesday, December 13, 2005. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department for Recording. If you have any questions, please call me at 732 -2646 ext 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI A 2 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 _ ti.... a/ .. l _....«:.... i;..— ui rhr .,.ah aA c-lete the. checklist and forward to Sue Filson (line #5). exception oI me Chairman s signature, U1UW a u„c uuvu the. Route to Addressee(s) List in routing order) Office Initials Date 1. S ar\ C DES --�.. rAirl('5-�rafion Initial ; 2. ;`� e C (3 CC) 5 Agenda Item Number I 3. -- -- Type of Document 4. Number of Original Documents Attached �S 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 nem. Name of Primary Staff n Phone Number G � _ 5 7 a l lit Contact 1 Initial Applicable) Agenda Date Item was ;`� e C (3 CC) 5 Agenda Item Number I Approved b the BCC V . Type of Document 'O�f ieene�i� Vl 1 Number of Original Documents Attached �S Attached resolutions, etc. signed by the County Attorney's Office and signature pages from f i 1NCTR1jC.TrnNq & 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 f i 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 �] 14 Office and all other parties except the BCC Chairman and the Clerk to the Board 1 � 3. The Chairman's signature line date has been entered as the date of BCC approval of the �y document or the final negotiated contract date whichever is applicable. 1 , 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 10.57 (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 Retn: 3826605 OR: 4024 IV: 1793 RBC FEE 44.00 CDBS IMPACT FEES RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 5100 INTER OFFICE 04/25/2006 at 01 :02PM DWIGHT F. BROCK, CLERK ATTN: PAULA FLEISHMAN I 6A INTERLOCAL AGREEMENT , _2 9 THIS INTERLOCAL AGREEMENT is entered into this 13+h day of December, 2005, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Florida, as the governing body of Collier County (the "County "), and the BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, an independent special district of the State of Florida (the "District "). RECITALS: WHEREAS, the Florida Interlocal Cooperation Act of 1969, Florida Statutes, Section 163.01 (the "Interlocal Act "), authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the District is an independent fire control and rescue district created and existing under the laws of the state of Florida, particularly Chapter 2000 -395, Laws of Florida, Acts of 2000 (the "Special Act "), and has all powers and authorities enumerated therein and in Florida Statutes Chapters 189 and 191 (the Special Act, as expanded by Florida Statutes Chapters 189 and 191, the "Enabling Act "); and WHEREAS, pursuant to Section 9(2) of the Special Act, the Legislature of the state of Florida has authorized the District to assess and collect impact fees pursuant to chapter 191, Florida Statutes; and WHEREAS, pursuant to Florida Statutes §191.009(4), the District "may establish a schedule of impact fees in compliance with any standards set by general law for new construction to pay for the cost of new facilities and equipment, the need for which is in whole or in part the result of new construction" within the Jurisdictional Boundaries; and WHEREAS, pursuant to Ordinance 2005 -06, adopted by the Districts Board on October 11, 2005, effective November 1, 2005 (The "Ordinance "), the District established impact fees for new construction within the Jurisdictional Boundaries; and WHEREAS, neither the Interlocal Act nor the Enabling Act requires collection of the impact fees by the County; however, in the spirit of cooperation, and the parties' mutual Page 1 of 5 OR; 4024 PG; 1794 16A29 desire to maintain an efficient building permit process, the District and the County agree to the collection of impact fees under the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. This Interlocal Agreement (hereinafter this "Agreement ") is entered into pursuant to the provisions of Section 163.01, Florida Statutes. Terms and words used in this Agreement shall have the meanings set forth in the Ordinance, a copy of which is attached to this Agreement. 3. The County hereby agrees to assist and cooperate with the District in collecting the District's impact fees imposed within the District's Jurisdictional Boundaries in a manner consistent with the Ordinance, as same may be modified from time -to -time. District shall give County at least 30 days prior written notice of any amendment, modification, or other change to the Ordinance, including but not limited to changes in the rates of impact fees to be assessed. 4. The County shall require, prior to and as condition to the issuance of a building permit, the payment to the County of the impact fee imposed by the Ordinance. All impact fees collected by the County during a calendar month shall be remitted by the County to the District, with interest earned on such fees, prior to the 15th working day following the last day of the calendar month in which such impact fees are collected. 5. Each party shall have the reciprocal right to review the records of the other as to the receipt, allocation, and expenditure of impact fees, including records as to the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and place. 6. To reimburse the County for the costs incurred in the collection of the impact fees pursuant to this Agreement, the County shall separately invoice the District for an amount equal to one and one half percent (11 /2 %) of the total impact fees collected by the County on behalf of the District during each calendar month. The invoice for such reimbursed costs shall be forwarded prior to the fifteenth (15th) working day following the Page 2 of 5 OR; 4024 PG. 1795 16A29 last day of the calendar month in which such impact fees are collected. The District shall pay to the County the full amount of such invoice within fifteen (15) working days after receipt of the invoice. The amount paid by the District shall not be a deduction from impact fees. Both parties acknowledge the amount of such reimbursement is equal to the actual cost incurred by the County in the collection of the District's impact fees, including any increase to the County in bonding or surety costs resulting from the handling of these additional monies. 7. This Agreement shall commence as of the date first above written and shall continue on a month -to -month basis until either party gives the other party thirty (30) days prior written notice, sent by certified mail, return receipt requested, that it wishes to terminate the Agreement. As of such date, the September 25, 1990 Interlocal Agreement between the parties shall be of no further force or effect. 8. In the event that the County is uncertain as to its obligations or procedures pursuant to this Agreement, the County may request in writing and the District shall respond, within ten (10) calendar days, providing the County with written direction on such interpretation or procedure with the District's understanding that the County shall rely on such written direction. 9. The District agrees to indemnify the County for and hold the County harmless from all costs, fees, damages, judgments or liability of any kind which result from the County's performance of its obligations herein, done in accordance with either the Ordinance or any written directions given by the District to the County pursuant to this Agreement. The County agrees to indemnify the District for and hold the District harmless from all costs, fees, damages, judgments or liability of any kind which result from (1) the sole negligence of the County in charging or collecting the impact fees, or (2) from a judicial determination that the District is not authorized to pay the County the administrative fee separate from the impact fees collected as set forth in this Agreement or that the payment of such administrative fee is prohibited by the Enabling Act or circumvents the provisions set forth therein authorizing the collection of the impact fees. Except as specifically set forth in this paragraph, neither the County nor the District shall have any responsibility or requirement to indemnify or hold harmless the other. Page 3 of 5 OR: 4024 PG: 1796 16A29 10. All notices required under this Agreement shall be in writing and shall be sent addressed to the party at the address as stated below, or at such other address notice of which said party may provide in writing from time to time: For the County: Office of the County Manager 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Development Services Director 2800 North Horseshoe Drive Naples, Florida 34104 With a copy to: Office of the County Attorney 3301 Tamiami Trail East Naples, Florida 34112 For the District: ATTN: Fire Chief Big Corkscrew Island Fire Control and Rescue District 13240 Immokalee Road Naples, Florida 34120 With a copy to: James C. Stewart, Jr., Esquire Stewart & Storter, Attorneys at Law Suite 302 9130 Galleria Court Naples, Florida 34109 11. This Agreement shall be effective for all building permits issued after execution of this Agreement by the parties, and this Agreement shall further confirm and ratify the collection of all impact fees, which have been collected by the County on behalf of the District. 12. Time is riot of the essence of this Agreement. 13. This Agreement shall constitute the entire Agreement among the parties with respect to the subject matter hereto. Any amendment, modification, or extension of this Agreement shall be in writing and shall be signed by all the parties to this Agreement. 14. This Agreement shall be construed in accordance with the substantive laws of the State of Florida. 15. This Agreement may be executed in multiple counterparts, any one of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. Page 4 of 5 * ** OR; 4024 PG; 16A29 16. Neither this Agreement, nor the rights or obligations hereunder, may be assigned or delegated in whole or in part. If any party waives a breach of this Agreement by any other party, that waiver shall not operate or be construed as a waiver of later similar breaches. IN WITNESS WHEREOF, the parties hereto have executed the foregoing Interlocal Agreement the day and year first above written. ATTEST: Dwight E. Brock, Clerk A . t, � ejuty Clerk A 'fie aqto ;bd legal sufficiency Jeff�ly AKlatzkow Ass tan ounty Attorney Approved as to form and legal sufficiency for the District: Attorney for the Big Corkscrew Fire Control and Rescue District Collier County Board of County Commissioners ` "Iu� L'J. Fred W. Coyle, Chairman Big Corkscrew Island Fire Control and Rescue District Pau,,(Jv� I - Paul M. Plamondon, Chairman Page 5 of 5 1797 * ** 16C4411 Im - MEMORANDUM Date: December 15, 2005 To: Richard Cannyn, Project Manager Public Utilities Division From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract #OT060134 Well Field Expansion Project Enclosed please find two (2) original documents referenced above, (Agenda Item #16C4), approved by the Board of County Commissioners on Tuesday, December 13, 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 ext. 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,,,,i, 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. appropriate. (Initial) Applicable) 2. 12/13/05 Agenda Item Number 16-C- 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed j 4. Sue Filson, Executive Manager Board of County Commissioners Number of Original 2 5. Minutes and Records Clerk of Court's Office I Documents Attached 6. Richard Cannyn Public Utilities Division 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 Richard Cannyn Phone Number 239 -530 -6278 Contact appropriate. (Initial) Applicable) Agenda Date Item was 12/13/05 Agenda Item Number 16-C- Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed j Type of Document Contract Number of Original 2 Attached I I 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 RLC 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 RLC 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 RLC 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 RLC si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip RLC 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_12 /13 /05_(enter date) and all changes RLC 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 1 6C4 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1- 8 #.44k4E • ap (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov '15 NOV 31 RM 12: 50 November 30, 2005 Mr. Phil Gramatges Collier County Water /Sewer 3301 E. Tamiami Trail, Building H Naples, FL 34112 Dear Mr. Gramatges: Subject: Contract # OT060134 Well Field Expansion Project Please find enclosed two (2) copies of the revised subject document. The total District funding has been corrected to read $987,679.00. The previous copy that was sent to you had the numbers transposed. I apologize for any inconvenience this may have caused. Will you please have both copies of the contract signed by an individual with signature authority on behalf of your organization? Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, 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 Enclosures c: Max Guerra, MSC 6862 GOVERNING BOARD EXECtirivi Orrici Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, i xc,rawc Director Irela M. Bague, Vic-Chair Michael Collins Harklev R. Thornton Pamela Brooks - Thomas [Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -8A Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 • www.sfwmd.gov 'i5 NOV 3 November 30, 2005 Mr. Phil Gramatges Collier County Water /Sewer 3301 E. Tamiami Trail, Building H Naples, FL 34112 Dear Mr. Gramatges: Subject: Contract # OT060134 Well Field Expansion Project 16 C4'1 J & (561) 697 -2574 PIN 12: 50 Please find enclosed two (2) copies of the revised subject document. The total District funding has been corrected to read $987,679.00. The previous copy that was sent to you had the numbers transposed. I apologize for any inconvenience this may have caused. Will you please have both copies of the contract signed by an individual with signature authority on behalf of your organization? Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, 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 Enclosures c: Max Guerra, MSC 6862 G(WI:RN1NC Bc ?auD Kevin McCarh , Chuir Alice J. Carlson Lennart E. Linciahl, P.E. Irela %1. Baguc, lire -Chair Michael Collins Pamela Brooks - Thomas Markley S Thornton Nicolas f. Gutierrez, Jr., Esq. Malcolm S. Wade, Ir. EXECUTIVE OFFICE Carol Ann Wehle, E_rrculi ,c oil rrf(tr 16C4 "1 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060134 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER/SEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the South County Regional Water Treatment Plant wellfield expansion; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its November 9, 2005 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to construct twenty-three (23) Hawthorn Zone 1 Wells adjacent to the South County Regional Water Treatment Plant. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. The total DISTRICT contribution shall not exceed the amount of Nine Hundred Eighty-seven Thousand Six Hundred Seventy-nine Dollars and No Cents ($987,679.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $987,679.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board Agreement No. OT060134, Page 1 of 5 16C4 budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. The ENTITY shall cost share in the total amount of Two Million Four Hundred Seventy-seven Thousand Three Hundred Twenty-one Dollars and No Cents ($2,477,321.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. i 0. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060134, Page 2 of 5 1604 A f 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parries. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, 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 ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY 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 ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY 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 the expiration date of this AGREEMENT. 13. Examination of Records The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non-financial' records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060134, Page 3 of 5 4" 10 (3) Audit and accountability requirements for state projects as stated in the Single Audit .Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Water Sewer District Attn: Maximo Guerra, Project Manager Attn: Phil Gramatges, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Telephone No. (239) 530 -5378 Attn: Bernadette Harrison, Contract Specialist Address: Telephone No. (561) 682 -6378 3301 E. Tamiami Trail, Bldg. H Address: Naples, FL 34112 P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. ' 2. 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 that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from 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. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060134, Page 4 of 5 16 C4 I� 25. 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. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED By: Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Frank Hayden, Procurement Director COLLIER COUNTY WATER/SEWER DISTRICT ` By: The Board of County Commissioners, Collier County, FL !. j� Title: �} Fred Coyle Chairman _ ,? • �:, DATE: December 13, 2005 la to ?arm Agreement No, OT060134, Page 5 of 5 16C4_, Exhibit "A" Statement of Work South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion A. Introduction 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 needs. The construction of the 8 million gallons per day (MGD) South County Regional Water Treatment Plant (SCRWTP) reverse osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water demand, the SCRWTP RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. This Statement of Work is for Task 3, Construction Phase 1 (Well Drilling). B. Objectives The expansion of the welifield will be designed to provide an additional yield of 12 MGD of finished water, for a total of 20 MGD. C. Scope of Work Twenty -three (23) well sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty -three (23) new wells will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. Collier County is requesting $987,679 as partial funding for the construction of 23 Hawthorn Zone 1 wells adjacent to the SCRWTP. D. Work Breakdown Structure The major Tasks of the projects are: 1 Engineering Design 2 Construction Management 3 Construction Phase 1 (Well Drilling) 4 Construction Phase 2A (Wellfield Construction — Northern Wells) 5 Construction Phase 213 (Wellfield Construction — Southern Wells) Exhibit "A" to Agreement No. OT060134, Page 1 of 2 E. Summary Schedule of Task and Deliverables Mr. Phil Gramat es Task Deliverable Cost SFWMD Na les, Florida 34112 Share 1 Complete Engineering Design $1,200,000 239 530 -5378 2 Construction Management $2,600,000 3 Construction Phase 1 $3,465,000 $987,679 (Well Drilling) 4 Construction Phase 2A $10,780,000 (Wellfield Construction — Northern Wells) 5 Construction Phase 2B $12,100,000 (Wellfield Construction — Southern Wells) Total SFWMD Share $987,679 F. Contact Information Collier Count Pro'ect Mana er Name Mr. Phil Gramat es Address 3301 East Tamiami Trail, Bldg H Na les, Florida 34112 Phone 239 774 -8836 Fax 239 530 -5378 Email PhilGramatges @colliergov.net Exhibit "A" to Agreement No, OT060134, Page 2 of 2 16C4 Oft - Date 10/05 01/06 — 07/07 01/06 — 09/06 05/06 — 12/06 12/06 — 07/07 16C4 EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE South County Regional Water Treatment Plant (SCRWTP) Expansion Project Total payment by the District to the Entity shall not exceed the amount of $987,679.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports from the Entity with documentation to demonstrate completion of each project task. The Entity is responsible for reviewing and approving deliverables to ensure that project objectives are met. The Entity is also responsible for project management, budget management and quality control. Task Deliverable Due Date* District Payment 1 Complete Engineering Design 10/05 N/A 2 Construction Management 01/06 — 07/07 N/A 3 Construction Phase 1 Well Drilling) 01/06 — 09/06 $987,679.00 4 Construction Phase 2A (Wellfield Construction — Northern Wells ) 05/06 — 12/06 N/A 5 Construction Phase 2B Wellfield Construction — Southern Wells 12/06 — 07/07 N/A Total Not -to- Exceed Payment $987,679.00 " All dates are estimates and are referenced from the date of contract execution. Exhibit "B" to Agreement No. OT060134, Page 1 of I `4 V MEMORANDUM Date: December 15, 2005 To: Richard Cannyn, Project Manager Public Utilities Division From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract #OT060135 Reverse Osmosis Expansion Enclosed please find two (2) original documents referenced above, (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, December 13, 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 ext. 7240. Thank you. Enclosure 16C5 1i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP y TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16C5 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 throng routing lines #1 throu h #4 com Ie th h kf t d f Route to Addressee(s) (List in routing order) e c ec s , an Office orward to Sue Filson Initials (line #5). Date 1. appropriate. (Initial) Applicable) 2. 12/13/05 Agenda Item Number 16-C- 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sue Filson, Executive Manager Board of County Commissioners Number of Original 2 5. Minutes and Records Clerk of Court's Office Documents Attached 6. Richard Cannyn Public Utilities Division 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 Richard Cannyn Phone Number 239 -530 -6278 Contact appropriate. (Initial) Applicable) Agenda Date Item was 12/13/05 Agenda Item Number 16-C- Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHFCuT.rcT 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 appropriate. (Initial) Applicable) I. Original document has been signed/initiated for legal sufficiency. (All documents to be RLC 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 RLC 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 RLC 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 RLC si gnature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip RLC 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-12/13/05–(enter date) and all changes RLC sommm- made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. — IBM I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 z J 16C5" SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WA'bl -)- 4 20 TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.g6v November 22, 2005 Mr. Phil Gramatges Collier County Water /Sewer District 3301 E Tamiami Trail Building H Naples, FL 34112 Dear Mr. Gramatges: Subject: Contract # OT060135 REVERSE OSMOSIS EXPANSION '15 h0V 23 � ,4 12: a Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, 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 FAX: (561) 681 -6275 BH /sm Enclosure c: Max Guerra, MSC 6862 GOVERNING BOARD Execu'rivi ( vnc-r Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Lsrruli�� Dirrrlur irela M. Bague, Vice - Chair Michael Collins Harklev R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. 1N'ade, Jr. 16C5 0 ORIGIN AL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060135 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATERISEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the South County Regional Water Treatment Plant (SCRWTP) reverse osmosis expansion; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its January 11, 2006 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to expand the reverse osmosis treatment plant capacity from 8 MGD to 20 MGD at the South County Regional Water Treatment Plant. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. 3• The total DISTRICT contribution shall not exceed the amount of One Million Six Hundred Thousand Dollars and No Cents ($1,600,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $1,600,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. Agreement No. OT060135, Page 1 of 5 16C5 In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The ENTITY shall cost share in the total amount of Nineteen Million Three Hundred Eighty-eight Thousand Four Hundred Fifty-three Dollars and No Cents ($19,388,453.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. 7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. 10. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060135, Page 2 of 5 16C5 _ 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parries. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, 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 ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY 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 ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY shall maintain all f.nancial 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 the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060135, Page 3 of 5 it)C5 (3) Audit and accountability requirements for state projects as stated in the Single AuditlAct and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Water Sewer District Attn: Maximo Guerra, Project Manager Attn: Phil Gramatges, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Telephone No. (239) 774 -8836 Attu: Bernadette Harrison, Contract Specialist Address: Telephone No. (561) 682 -6378 3301 E. Tamiami Trail, Bldg. H Address: Naples, FL 34112 P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 334164680 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parries to perform beyond their respective authority , nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from 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. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060135, Page 4 of 5 16C5'" 25. 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. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 24 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Frank Hayden, Procurement Director SFWMD PROCUREMENT APPROVED By::. Date: COLLIER COUNTY WATERISEWER DISTRICT AT= By: The Board of County Commissioners Collier County, FL DWI$HT S., 0M BY: -=k.�. 1 Title:_ Fred W. Coyld, Chai lttests ti tyl�tn s�J ti9nature on F, Date: December 13, 2005 ,.1,• -e W to AUMAIA la al aufiir ir•.no Amiuut Cmnty mtorney Agreement No. OT060135, Page 5 of 5 Exhibit "A" Statement of Work South County Regional Water Treatment Plant (SCRWTP) 12 -MGD Reverse Osmosis Expansion Collier County Public Utilities A. Introduction 16C5'; 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 future demands. B. Objective The Collier County South County Regional Water Treatment Plant (SCRWTP) contains an existing 12 -MGD Lime Softening (LS) plant and an 8 -MGD Reverse Osmosis (RO) plant. The project being considered under this application will expand the reverse osmosis treatment capacity from 8 MGD to 20 MGD. C. Scope of Work The reverse osmosis expansion of the SCRWTP consists of the following major components excluding the wellfield, which is covered under another request: • Six (6) new 2 -MGD Reverse Osmosis (RO) Treatment Skids, including dedicated RO Membrane Feed Pumps and RO Membrane Interstage Booster Pumps. ■ Four (4) new horizontal cartridge filters for pretreatment of raw water upstream of the RO treatment skids. ■ Two (2) Degasifier systems for post- treatment of additional RO treated water. ■ New transfer pump at existing blend /transfer facility to meet increase in RO treated water. ■ Construction of new High Service Pump Station No. 2, to meet increase in RO treated water. Exhibit "A" to Agreement No. OT060135, Page 1 of 3 16C5 • Expansion of RO Facility electrical power system including addition of switchgear and emergency generators. ■ Expansion of the Instrumentation, Telemetry and Control System at the RO Facility to serve new RO process equipment. Raw water to the SCRWTP 12 -MGD RO Expansion will be provided by brackish water wells supplied by Hawthorn Zone 1 aquifer. The Phase 1 Southern RO Wellfield has been constructed and serves the initial SCRWTP 8 -MGD RO Facility. The Phase II Southern RO Wellfield is currently under design and will consist of 23 news wells that will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. The 23 new wells will provide the required raw water for treatment by the 12 -MGD RO Expansion. Collier County is requesting $1,600,000 as partial funding for the construction of the reverse osmosis expansion of the SCRWTP. D. Work Breakdown Structure The major tasks of the project are: 1. Engineering Design 2. Civil, Demo, Paving & Grading, Yard Piping 3. R.O. Pretreatment 4. R.O. Process Facility 5. Degasifiers & Odor Control 6. Transfer Pump at Blend Tank 7. Chemical Area Electrical Building 8. High Service Pump Station No. 2 9. LSP Electrical Building 10. Division 16 - Electrical per RKS 11. Division 17 - Instrumentation Exhibit "A" to Agreement No. OT060135, Page 2 of 3 16C5 " E. Summary Schedule of Task and Deliverables F. Contact Information Collier Coun!y Project Manager Name Mr. Phil Gramat es SFWMD Due Task Description Cost Share Date 1 • Complete Engineering Design Previously Completed 2. Civil, Demo, Paving & Grading, $648,067 $648,067 02/06 Yard Piping 3. R.O. Pretreatment (Cartridge Filters) $451,170 $451,170 07/06 4• R.O. Process Facility $5,001,169 01/07 5. Degasifiers & Odor Control $4,424,169 $500,763 09/06 6. Transfer Pump at Blend Tank $153,567 TBD 7. Chemical Area Electrical Building $38,457 TBD 8• High Service Pump Station No. 2 $1,534,864 01/07 9• LSP Electrical Building $213,168 12/06 10. Division 16 - Electrical per RKS $5,723,822 05/07 11. Division 17 — Instrumentation $1,200,000 05/07 Total SFWMD Share $1,600,000 F. Contact Information Collier Coun!y Project Manager Name Mr. Phil Gramat es Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 774 -8836 Fax 239 530 -5378 Email I philgramatges@colliergov.net Exhibit "A" to Agreement No. OT060135, Page 3 of 3 16C5 Exhibit "B" PAYMENT AND DELIVERABLE SCHEDULE Total payment by the District to the Entity shall not exceed the amount of $1,600,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. All payments are subject to District fiscal year appropriations. Payment by the District is further subject to receipt of quarterly progress reports from the Entity with documentation to demonstrate completion of each project task. The Entity is responsible for reviewing and approving deliverables to ensure that project objectives are met. The Entity is also responsible for project management, budget management and quality control. Exhibit `B" to Agreement No. OT060135, Page 1 of 1 Not -to- Exceed District Task Description Deliverable Due Date Cost Payment Complete 1 Engineering Design Completed N/A N/A Civil, Demo, Paving Completion & Grading, Yard Report and As- 2 Piping Built Drawings 2/06 $648,067 $648,067 Completion R.O. Pretreatment Report and As- a (Cartridge Filters Built Drawings 7/06 $451,170 $451,170 4 R.O. Process Facility 1/07 $5,001,169 N/A Completion Degasifiers & Odor Report and As- 5 Control Built Drawings 09/06 $4,424,169 $500,763 Transfer Pump at 6 Blend Tank TBD $153,567 N/A Chemical Area 7 Electrical Building TBD $38,457 N/A High Service Pump 8 Station No. 2 1/07 $1,534,864 N/A LSP Electrical 12/06 N/A 9 Building $213,168 Division 16 - 5/07 N/A 10 Electrical per RKS $5,723,822 Division 17 — 5/07 N/A 11 Instrumentation $1,200,000 Total $19,388,453 $1,600,000 Exhibit `B" to Agreement No. OT060135, Page 1 of 1 16C6 "a MEMORANDUM Date: December 15, 2005 i To: Richard Cannyn, Project Manager Public Utilities Division From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract #OT060133 NE Regional Water Treatment Plant Enclosed please find two (2) original documents referenced above, (Agenda Item #16C6), approved by the Board of County Commissioners on Tuesday, December 13, 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 ext. 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6C� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO it 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR 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 4n complete the checklist and forward to Sue Filson (line #5). exception of the Chairman's signature, draw a line through Route to Addressee(s) (List in routing order) 1. rouuu w�ca ,. � MEMO, nom. - _..__._____, Office Initials Date 2. 12/13/05 Agenda Item Number 16-C-k 3. Original document has been signed/initialed for legal sufficiency. (All documents to be RLC 4. Sue Filson, Executive Manager Board of County Commissioners Number of Original 2 5. Minutes and Records Clerk of Court's Office Documents Attached 6. Richard Cannyn Public Utilities Division 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 Richard Cannyn Phone Number 239 -530 -6278 Contact Agenda Date Item was 12/13/05 Agenda Item Number 16-C-k Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be RLC Type of Document Contract Number of Original 2 Attached by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached nvcrrV1rjVT1n)vc RT f NF.CKIAST 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 a to riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be RLC 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 RLC 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 RLC 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 RLC signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip RLC 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 document was approved by the BCC on_12 /13 /05_(enter date) and all changes RLC 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 WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT A 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686 -8800 - FL WA'rS -1-800- 432 -204p,- UP&)[37 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 wwwsfwmd.gov 15 h10 V 23 1'.3 3: 53 November 18, 2005 Mr. Harold Huber Collier County Water /Sewer District 3301 East Tamiami Trail Building H Naples, FL 34112 Dear Mr. Huber: Subject: Contract # OT060133 NE REGIONAL WATER TREATMENT PLANT Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, 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 FAX: (561) 681 -6275 BH /sm Enclosure c: Maximo Guerra, MSC 6862 GOVERNING BOARD ExECUTM OFFICE Kevin McCarty, Chnir Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Erccutice Director Irela M. Bague, Vice -Chnir Michael Collins Fiarklev R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. s 16C6 OMGINAL 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT060133 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER/SEWER DISTRICT THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and the Collier County Water /Sewer District (ENTITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the ENTITY for the development of the North East Regional Water Treatment Plant; and WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its December 14, 2005 meeting approved entering into this AGREEMENT with the ENTITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: The DISTRICT agrees to contribute funds and the ENTITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to design an additional new water supply and water treatment plant (WTP) in the northeast area of the County. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. The total DISTRICT contribution shall not exceed the amount of Five Hundred Thousand Dollars and No Cents ($500,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $500,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT Agreement No. OT060133, Page 1 of 5 16C6 does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the ENTITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The ENTITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The ENTITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. �. The ENTITY shall cost share in the total amount of Four Million Five Hundred Thousand Dollars and No Cents ($4,500,000.00) in conformity with the laws and regulations governing the ENTITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The ENTITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the ENTITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date unless authorized through execution of an amendment to cover succeeding periods. The ENTITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The ENTITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The ENTITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the ENTITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the ENTITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the ENTITY under this AGREEMENT shall be deemed to be the property of the ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all ownership to tangible property. The ENTITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or orrussions of the ENTITY and the officers, employees, servants and agents thereof. The ENTITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the ENTITY, its officers and employees while acting within the scope of their employment during performance of this AGREEMENT. In the event that the ENTITY subcontracts any part or all of the work hereunder to any third party, the ENTITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the ENTITY. Any contract awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the ENTITY's subcontract. The ENTITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. Agreement No. OT060133, Page 2 of 5 16C6 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the ENTITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or othenvise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The ENTITY, 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 ENTITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the ENTITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY 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 ENTITY. 16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The ENTITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The ENTITY 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 the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Le ag 1 Disputes In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the ENTITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the ENTITY as set forth in Exhibit "C ". The ENTITY shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Agreement No. OT060133, Page 3 of 5 16C6 (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the ENTITY's financial and non - financial records to the extent necessary to monitor the ENTITY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Maximo Guerra, Project Manager Telephone No. (239) 597 -1505 ext. 7612 Attn: Bernadette Harrison, Contract Specialist Telephone No. (561) 682 -6378 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Collier County Public Utilities Attn: Harold Huber, Project Manager Telephone No. (239) 530 -5341 Address: 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 19. ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, ENTITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from 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. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. Agreement No. OT060133, Page 4 of 5 0 16C6 25. 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. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 24 (b) Exhibit "A ", Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD SFWMD PROCUREMENT APPROVED Frank Hayden, Procurement Director i By- i Date: � OS COLLIER COUNTY WATER/SEWER DISTRICT ATMT By: The Board of Courity Comm' inners, Collier County, FL _A to 8 1 ramn 5 Title: Fred W. Coyle, Chairman ^,;g Date: December 13, 2005 Agreement No. OT060133, Page 5 of 5 16C6 Exhibit "A" Statement of Work North East Regional Water Treatment Plant ( NERWTP) Collier County Public Utilities A. Introduction Collier County has experienced an extraordinary population growth rate over the last several decades. In order to address necessary planning for infrastructure improvements, the County has prepared and updated their Water and Wastewater Master Plan, most recently in 2003. The Master Plan, in conjunction with the County's Growth Management Plan, has indicated the need to develop an additional new water supply and water treatment plant (WTP) in the northeast area of the County. The total cost of the engineering design for this project is $5,000,000.00. Collier County is requesting $500,000.00 as partial funding for the design of the NERWTP. B. Objective The initial capacity of the WTP will be 10 MGD, with provision for a future capacity of 20 MGD by the year 2018. The source water for the NERWTP will come from the Hawthorn /Upper Floridan aquifers, an alternative water source. C. Scope of Work The NERWTP will be part of an overall project to develop a 216 -acre parcel in the Orangetree PUD for the NERWTP and North Water Reclamation Facility (NWRF). The source water for the NERWTP will come from the Hawthorn /Upper Floridan aquifers, an alternative water source. D. Work Breakdown Structure The major tasks of the project are: 1. Complete Engineering Design 2. Construction Management 3. Construction Exhibit "A" to Agreement No. OT060133, Page 1 of 2 16C6 E. Summary Schedule of Tasks and Deliverables Task Description Deliverable Due Date 1. Complete Engineering Design Design Report 07/06 2. Construction Management 01/09 3. Construction 01/09 F. Contact Information Collier County Project Manager Name Mr. Harold Huber Address 3301 East Tamiami Trail, Bldg H Naples, Florida 34112 Phone 239 530 -5341 Fax 239 530 -5378 Email haroldhuber@colliergov.net Exhibit "A" to Agreement No. OT060133, Page 2 of 2 Iq 16C6 no EXHIBIT "B" PAYMENT AND DELIVERABLE SCHEDULE North East Regional Water Treatment Plant (NERWTP) Total payment by the District to the Entity shall not exceed the amount of $500,000.00. All payments are subject to District fiscal year appropriations. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the Entity within the not -to- exceed amount specified below in accordance with Article 3 of the Agreement. The Entity shall be responsible for all aspects of managing and completing the project. Task Description Deliverable Due Cost SFWMD Date Payment 1 Complete Design 7/06 $5,000,000.00 $500,000.00 Engineering Report Design 2 Construction 1/09 $2,500,000.00 N/A Manage ent 3 Construction 1/09 $35,000,000.00 N/A $42,500,000.00 $500,000.00 Exhibit "B" to Agreement No. OT060133, Page 1 of 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO &6C7 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 si ature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Sue Filson line #5). o Addressee(s) List in routin o Office Initials D 1. appropriate. (Initial ) Applicable) 2. December 13, 2005 Agenda Item Number 16C7 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Exhibit A and Satisfaction of Notice of 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 Pam Callis Phone Number 403 -2359 Contact appropriate. (Initial ) Applicable) Agenda Date Item was December 13, 2005 Agenda Item Number 16C7 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Exhibit A and Satisfaction of Notice of Number of Original 2 Attached Claim of Lien 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 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, 41F 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 " JF 3. The Chairman's signature line date has been entered as the date of BCC approval of the VF 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 si2nature 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 16C7 am MEMORANDUM Date: December 15, 2005 To: Pam Callis, Revenue Supervisor Utilities Billing From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Satisfaction of Lien : Folio #29281160009 For Sanitary Sewer System Impact Fees Enclosed please find one (1) copy of each documents referenced above, (Agenda Item #16C7) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you Enclosure(s) This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 3792321 OR: 3949 PG: 3060 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FI 12/1912005 at 08:22AR DWIGHT E. BROCK. CLERK REC FEE 18.50 COPIES 2,OC Retn: CLERK TO THE BOARD � � r INTEROFFICE 4TH F VV a% EXT 7240 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Lien against: Scenic Investment Corporation, a Florida Corporation P O Box 10864 Naples, FL 33940 -0864 The Lien was recorded on 24TH day of October 1994, in Official Record Book 1996, Page(s) 1240, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 41 AND 42, CRAIG'S SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1897, PAGE 551 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 29281160009 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs xecution and recording of this Satisfaction of Lien, by action of the Board thisL day of V- �,CCMICE r' , 2005. ATTEST: DWIGHT E $1 Appro Legal Im Ch A i 001 ' > TormAhd+ F �'wrv.eawsww�r�' v 1 i.4 DAVID L COUNTY ATTORNEY BOARD OF COUNTY COMMIJf,3ftlE'I'�r . %. COLLIER COUNTY, FLORID S THE GOVERNING BODY OF C LVER COUNTY AN, D AS EX- OFFICIO THE GOVERNING BOARD OF - THE COLLIER COUNTY WATT.R DISTRICT d��,yw • `* ' il.;f 4ijil''•t FRED W. COYLE, CHAT AN OR; 3949 PG. 3061 * ** 16C _ EXHIBIT «A» Scenic Investment Corporation, a Florida Corporation, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00). Folio #29281160009. 16C8 MEMORANDUM a Date: December 15, 2005 To: Pam Callis, Revenue Supervisor Utilities Billing From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Satisfaction of Lien : Folio #48481360004 For Sanitary Sewer System Impact Fees Enclosed please find one (1) copy of each documents referenced above, (Agenda Item #16C8) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you Enclosure(s) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP }� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU „ , Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routirwlipp d 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 si ature, draw aline throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). o Addressee(s) List in routin or Office Initials D 1. appropriat e. (Initial) Applicable) 2. December 13, 2005 Agenda Item Number 16C8 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Exhibit A and Satisfaction of Lien Number of Original 3 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached I .. 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 Pam Callis Phone Number 403 -2359 Contact appropriat e. (Initial) Applicable) Agenda Date Item was December 13, 2005 Agenda Item Number 16C8 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Exhibit A and Satisfaction of Lien Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached I .. 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 appropriat e. (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, 1 �� U 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 12 ld a5 (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 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 3752341 OR: 3949 PG: 3122 RICORDID in OFFICIAL RICORDS Of COLLIER COUNTY, FL 12/19/2005 at 08:36AK DWIGHT B. BROCK, CLBRK He FBI 27.00 COFIBS 3.00 Retn: CLBRK TO TAB BOARD INTIROFFICI 4TH FL00� BIT 7240 8 r' a SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Judith B Soja Burr and Charles M Burr, III Whose mailing address is 27 Sipple Hill Rd Moodus, Ct 06469 Bearing the date of the 16th day of July 1999, recorded in Official Record Book 2571 Page(s) 1723, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. B -304, OF GULF WINDS EAST, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 4 AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRORATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN O.R. BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN O.R. BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO. FOLIO NUMBER: 48481360004 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs exec ;tion and recording of this Satisfaction of Lien, by action of the Board this 15.tA day of 2005. ATTEST: D IG T E. BI 'if: �LL.lfhlfi i9 ®Yio �ds ta;'»,ir�n Ap raved< °tcc 2Ini4. leg a I suftie;` Y avid R '` �f F� County ltbm" tilt OR: 3949 PG: 3123 16C8'x s, BOARD Of COUNTY COMMISSIONERS COLLIER dOUNTY, FLOk16f�. AS THE GOVERNING'BODY OF CCILLIER COUNTY- 'A'N1,A$ EX-:O0 *IM THE GOVERN INQ- ObA`I�Q.0'F THE COLLIER COUNTY N /ATER;Wi�'c DISTRICT FRED W. COYLE, CHAIRMAN EXHIBIT "A" * ** OR: 3949 PG: 3124 * ** 16CB 'g 1. Judith B Soja Burr and Charles M Burr III, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48481360004 16C9 MEMORANDUM Date: December 15, 2005 To: Pam Callis, Revenue Supervisor Utilities Billing From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution: 2005 -419 Satisfaction of Lien : Folio #00206640002 Enclosed please find one (1) copy of each documents referenced above, (Agenda Item #16C9) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you Enclosure(s) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C 9 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 routing lines #1 throw #4, complete the checklist, and forward to Sue Filson line #5). Rat o Addressee(s) Office Initials D List in routi n o 111 11 1. 2 91 .3, 5. Sue Filson, Executive Manager Board of County Commissioners 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 Pam Callis Phone Number Contact Agenda Date Item was December 13, 2005 Agenda Item Number A roved b the BCC Type of Document Resolution and Satisfaction of Lien Number of Original Attached Documents Attached iWQT1]iT/- VIMiAILT , n 403 -2359 16C9 (41 q 2 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. MU11J It Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is 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. 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 si nature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip [5. 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 I z 00 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chap es, if applicable. 403 -2359 16C9 (41 q 2 1: 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- 419 1(0 c A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the o � O Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and 0 WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official ; o Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, o b Florida, which placed a lien on certain properties for the delinquent solid waste collection w and disposal services special assessments for 1995; and ° fti♦' � H WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board a: w to approve by Resolution and record in the Official Records a Satisfaction of Liens on all N "° accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY w COMMISIONERS OF COLLIER COUNTY FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is o hereby y pproved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 1892 This Resolution adopted this /-'��'r�ia �� second and-majority vote. y of --��, 2005, after motion, BOARD OF COMMISSIONERS ATE° COLLIER COUNTY, FLORIDA D1V1r�``IT E: $ OCK,; CLERK C FRED W. COYLE, CHAIR N S i11�'irm , n 5 Approved .as fYorm and 3753696 OR; 39 legal sufficie 51 PG. 0796 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/20/2005 at 11:24AN DWIGHT B, BROCK, CLERK David C. W igel Retn: RIC FEE 10,00 County Attorney CLERK TO THE BOARD INTBROFFICB 4TH FLOOR B %T 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00206640002 *** OR: 3949 PG: 3066 *** * ** 3753697 OR: 3951 PG: 0797 * ** RECORDED in OFFICIAL RECORDS F " 12/20/2005 at 11:24AN DWIGHT Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN Of COLLIER COUNTY, FL 1 I. BROCK, CLERK RBC FIB 10.00 I&C q KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, David j =& Mary E PO Box 10524 Naples, FL 341010524 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 35 48 26 S1/2 OF NW1 /4 OF SW1 /4 OF NW1 /4, LESS R/W 4.24 AC OR 1205 PG 1807 Folio No. 00206640002 Project No. 65000 Account No. 1892 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and. recording of this Satisfaction of Lien, by action of the Board this &flay of ' , het1 2005. ATTEST- DWI(--HT- BOARD OF COUNTY COMMISSIONERS ;° BRA K1(7�ERK COLLIER COUNTY, FLORIDA - -- —. By: AZ�p � f j "atrry�;n'S FRED . COYLE, CHA �ci _lega} sufii :c��ency -7-1 --�� R BERT Z CHARY 16C10 MEMORANDUM Date: December 15, 2005 To: Pam Callis, Revenue Supervisor Utilities Billing From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution: 2005 -420 Satisfaction of Lien: Folio #0020664002 Enclosed please find one (1) copy of each documents referenced above, (Agenda Item #16C10) approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you Enclosure(s) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO l THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be fonvarded 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 errentinn of the chnirman'Q civnature. draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). o Addressee(s) List in routin o Office Initials D 1. appropriate. (Initial ) A licable 2. December 13, 2005 Agenda Item Number 16C 10 C420 1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed j 4. Resolution and Satisfaction of Lien Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners I 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 Pam Callis Phone Number 403 -2359 Contact appropriate. (Initial ) A licable Agenda Date Item was December 13, 2005 Agenda Item Number 16C 10 C420 1 Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed j Type of Document Resolution and Satisfaction of Lien Number of Original 2 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 appropriate. (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 ,uF 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 �F 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 /ah.31vv (enter date) and all changes made during the meeting have been incorporated in the attached document, The �IF" 1W 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 16c � o- RESOLUTION NO. 2005- 420 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 1915 This Resolution adopted after this / 3 aday of 2005 after motion, second and majority vote. ATTEST:._ DWI Nl`F Approved �1 °6 foi•r and legal su ' cy 'David C. Wle'*I-gel County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ��� �-- �• FRED W. COYLE,CHAIFQAN 3152335 OR: 3949 PG: 3116 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/19/2005 at 08:32AN DWIGHT B. BROCK, CLERK RBC FBI 10,00 COPIES 1,00 Retn: CLERK TO THE BOARD IH?EROFFICI 4 ?H FLOOR 117 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 00206640002 * ** 3752336 OR: 3949 PG: 3117 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 12/19/2005 at 08:32AN MIGHT B. BROCK, CLBRB RBC YEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD f't INTEROFFICE 4TH LOOR BIT 7240 f 1669 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, David J =& Mary E PO Box 10524 Naples, FL 341010524 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 35 48 26 S1 /2 OF NW1 /4 OF SW1 /4 OF NW1 /4, LESS R/W 4.24 AC OR 1205 PG 1807 Folio No. 00206640002 Project No. 66000 Account No. 1915 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and.jgcording of this Satisfaction of Lien, by action of the Board this .F11-day of .07CemlaaK-, 2005. ATTEST- DWG �E.•BR Y1 f1C a Appr�re and legal'suficrt.cy �r—David C. Weigel D County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: :Ia -1-1 W _. OQ FRED W COYLE, CHAIRItATI 16C11. MEMORANDUM Date: January 10, 2006 TO: John Curran, Purchasing FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Re: Contract #06 -3911 "Manatee Road Force Main Replacement" Contractor: Kyle Construction, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C1 I), approved by the Board of County Commissioners on Tuesday, December 13, 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, you may contact me at 774 -8411 Thank you, Enclosures (3) ITEM NO.: DATE RECEIVED: FILE NO.: b(��°�C - 0389 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 6, 2006 To: Robert Zachary Assistant County Attorney From: John Curr Purchasing gent 239/417 -6098 2006 ju 9 4N 9.. Re: Contract #06 -3911 "Manatee Road Force Main Replacement" Contractor: Kyle Construction, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on December 13, 2005 Agenda Item: 16.C.11 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. 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 C- 1- (7 , ° 16C11 DATE: TO: Memorandum January 6, 2006 Sheree Mediavilla, Senior Analyst Risk Management Department FROM: John Cuff Purchasing Agent U U Y RE: Review of Insurance for: 06 -3911 "Manatee Road Force Main Replacements" Kyle Construction, Inc. This Contract was approved by the BCC on December 13, 2005, Agenda # 16.C.I I 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 417 -6098. cc: Sandy Sridhar, PUED 16C11 Manatee Road Force Main Replacement COLLIER COUNTY BID NO. 06 -3911 COLLIER COUNTY, FLORIDA Design Professional: Q. Grady Minor and Associates, P.A. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16C11 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 Q Grady Minor and Associates, P.A. and identified as follows: Manatee road force Main Replacement as shown on Plan Sheets 1 through 15. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records 16C11 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Manatee Road Force Main Replacement COUNTY BID NO. 06 -3911 Separate sealed bids for the construction of Manatee Road Force Main Replacement, 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 14th day of November, 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 21st day of October, 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, Manatee Road Force Main Replacement Bid No. 06- 3911 and Bid Date of November 14, 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 required bonds and insurance within fifteen (15) calendar days after the receipt of the GC -PN -1 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 Hundred and Fifty (150) calendar days specified in the Notice to Proceed. to finally complete all Work within One from and after the Commencement Date 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 12th day of October, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing /General Services Director GC -PN -2 0 16C11 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 -IB -1 16C11 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. Riaht 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 16C11 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 -IB -3 16C11 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 -8-4 16C11 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 16C11. 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 CCZ : • 16C11. 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 16C11 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Manatee Road Force Main Replacement BID NO. 06 -3911 Full Name of Bidder i// (; ; ow � J t 1 r „0 - c. Main Business Address 3 (0 3(, C60- 26111 A VL—` r2f N L3 rL Place of Business �4dj( Telephone No. 3 7 0 5 Fax No. 3 q V 3 - `-f6 7 State Contractor's License # C Lt y o-5'(, 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 Manatee Road Force Main Replacement Bid No. 06 -3911 16C11 I I I I BID ITEMS AND QUANTITIES ITEM UNITS EST. QUANTIT Y INSTALLED UNIT PRICE FINAL COST MOT LS Mobilization LS 1 i 5 -'11- i ' 10" PVC Force Main LF 2,600 q 1. 0-"-� ')3 or, 8" PVC Force Main LF 3,100 ,5, 4" PVC Force Main LF 20 10" Force Main Valves wl valve vault EA 4 6 00 OU 8" Force Main Valves w/ valve vault EA 9 31 a Do 4" Force Main Valves w/ valve vault EA 2 Air Release Valve EA 8 c-' 1,4 Soo Check Valve EA 4 Io' cw- Mill Existing Asphalt with Disposal SY 580 7().0 Ly- 12" Type "B" Stabilization Subbase CY 270 a") 6" Limerock Base SY 240 ' 1.5" type S -1 Asphalt SY 630 [ Concrete Drive Apron 6" SY 490 c a> o% Incidental Repair to Property Incl. mailboxes LS 1 Sodding SY 5,860 1-1 A.Q' Pipe Abandonment All diameters LS Q' 3 q wa- Reset Existing Fence LF 2,690 I SO Total 3 '� Notes: Unit Costs of pipes are inclusive of encasement at road crossings Unit Costs of pipes are exclusive of the air release and plug valves on the force main Pipe fixtures excluding valves such as tees, 'oints, etc. are included in the unit prices of the pipes KYLE" CONS IRucrION, INC. 3636 PROSPECTAVE. NAPLES,�L 34104 Pk."643 -7059 Faw643 -4679 G -P -2 16C11 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. OR MATERIAL .PVC Pin F NAMIN B I —UM 3. �iALV C) 4. Q j L-D MA" LL MANUFACTURER M/ N gio ki a L 1� r`Re( -nom 09Cc)' /N10,N) c AAILLIKCr1 (` USToni F=83 5. �'�STRA }NS STAR n ) OM A GASIriU Sppvcczgs i v�iN1 Dated idder BY: I- A - A 594Ral ""I GC -P -3 16C11. 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 CN58 8 ('v �=Nc (oc&q r-fMiry,F-L3g22 2. M v i" SA-F(r�1 M4 FL 33t�l 3. tIPQL£) FL 3�1)-- 4. L7 13 ►�n3 S ANC r/ tj�PUS FL 5. Dated�(�� oos KVL� r0AI ii IRVCi( Dk) Nr + Bidder p BY: Lb/l/I �, GC -P -4 16C11 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 12.4^ ht T ,)te NFCti y i3w5T(--2 SzrVT-ioJ Peer 5 . a i Co iee Co �'o (c 41 a,r - s3c) �5s3S 2. i»QPiIL� UN(,C -2 S�2� T) RUA L108� blSi SuPt�tvis�� �J� �a3 3. - �ItAri (RE T�QP) .-*i I W(l? 4. Tj4 n f)ll k ut- C( PM S TIZ L-& T bi ra roe-00 k W=T Z - 7-3 50 5. 6. Datedi Bidder BY: `-A LE &! "" t L A NA M. A-UMf /1111 GC -P -5 16C11. 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 Measure Measure (Quantity) Cost (Description) LF SY 1. )'Ion G 2. 3. 4. 5. TOTAL $ 5740.0D Extended Cost 5 ^74. x. Failure to complete the above may result in the Bid being declared non - responsive. Dated `I L C CQN YT U 0' 110 AJ 21 A) Q.. Bidder BY: AZI",hK, L�Wa M_ A 63, 4 tq A1,11 GC -P -6 16C11. 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 (100) 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 Fifty (150) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of F(_n 0Z i b 8 County of C o (_L i L2, I AkfA , AR 448-111 1 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. J _ A}I h -AA , �'(j a,�'N IUM , 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 16C11. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of FI-o � I D Ai , which operates under the legal name of k 01 r Onki �' RU t-TI o3-') TIUC. , and the full names of its rs are as follows: President Secretary Treasurer 1441 A u� 0449r.r- I! f� GL The qi , o tr ih, /v Iqu-, e, is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken a, (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED GC -P -8 legal entity STATE OF R-6 11)A COUNTY OF 16C11 BY: KVL6 Talc' - Name of Bidder (Typed) A4 lit, , Si a ure �_q . Af,A44��n� Title The foregoing instrument was acknowledged before me this day of 9)ft d&6 -K 2005, by i AAiA Alm- BRNR Wa , as y T of 11,VLE r ti iNC a _.EW)4 i D8 _ corporation, on beh—alf of the corporation. He h is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires:'/ ( gnatu�e� of Notary) NAME: I" ` l� (�Cv- C f (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: NOTARY PUBUC•SIATE OF FLORIDA * Felix Garcia Commission #DD391847 Expires: FEB, 01, 2009 Bonded Thru Adandc Bonding Co,, Inc. GC -P -9 THE AMERICAN INSTITUTE OF ARCHITECTS 16C110 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Kyle Construction, Inc. (Here insert full name and address or legal title of Contractor) 3636 Prospect Avenue, Naples, Florida 34104 as Principal, hereinafter called the Principal, and Here insert full name and address or legal title of Surety) The Hanover Insurance Company 808 N. Highlander Way, Howell, Michigan 48843 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto Collier County Board of County Commissioners (Here insert full name and address or legal tale of Owner) Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of Amount Bid-- - Dollars ('---------- - - - -), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the Principal has submitted a bid for 2600 LF 10" Force Main, 31 LF 8" Forcemain 15 Plug Valves 4 Air Release Valves 580 Sy Ashalt Replacement Along Manatee Road Bid #06 -3911 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of November, 2005 Kyle Construction, Inc. _- -� 2 Princi a) Seal! (Witness) D (Title) The Hanover Insurance Company CL (Surety) (Seal) C("3�`TERSIGNED BY: - Kathleen M. Irelan (Title) Attorney-In-Fact K vin Wojto icz Florida Resident Agent AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 Printed on Recycled Paper 9193 corfifiprl Cenv Void Without Allmerica Financial Watermark This Power of Attorne ma not bemused to execute an bond with an ince tion date after June 1 008 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY 16C CITIZENS INSURANCE COMPANY OF AMERICA Yuwt =rfa car A; i vrcivc T CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint D.A. Valenti, Robert Trobec, Kathleen M. Irelan, Jeffrey A. Chandler and/or Ian J. Donald of Troy, MI and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No /100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of June, 2005. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) SS. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CMUNS 04SURA14CE COMPANY OF AMERICA Richard M. Van SSaanb LWqK vim PnsWant MOM On this 22nd day of June, 2005, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. N"y c..wasaft of ' Notary Public *Cwaw0WE1g0nNsra My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 14th day of November 2o05- THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Charles T Wells, Assistant Vice President Certified Copy Void Without Allmerica Financial Watermark 16C11 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: 06 -3911 Manatee Road Force Main Replacement November 14, 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 Bi der Name Si ture &Title LAAU � R tf 1 �i S DATE: % 100 GC -P -12 16C11. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Kyle Construction, Inc. ( "Contractor ") of 3636 Prospect Ave., Naples, FL 34104, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Manatee Road Force Main Replacement, Bid No. 06-3911 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Q. Grady Minor and Associates, P.A., 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] seven hundred seventy -one thousand, three hundred forty -two dollars and zero cents. GC -CA -1 16C11 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 (100) 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 Fifty (150) 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 16C11 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, Twelve Hundred and Sixteen Dollars and Thirty Two Cents ($1216.32) 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 16C11 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 Q Grady Associates, P. A. and identified as follows: Manatee Main Replacement as shown on Plan Sheets 1 through Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record Section 7. Notices Minor and Road Force 15. 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 16C1 Sandy Sridhar Project Manager Collier County Public Utilities Engineering 3301 East Tamiami Trail Building H Naples, FI 34112 Tel: 239 - 530 -5345 Fax: 239 -530 -5378 Email: SandySridhar0collierg-ov 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. Lana M. Abraham, President Kyle Construction, Inc. 3636 Prospect Ave. Naples, FL 34104 Tel: 239 - 643 -7059 Fax: 239 - 643 -4679 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 16C11 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 16C11 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 16C11 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. O WITNESSES: By: ST WITNESS Type /Print Name SE OND ITNESS Type /Print Name Date: _ l — I 0 — Z ()C(p ATTEST Dwight E.* Brock, -,C lerk, BY :� k-. (- -U Axt8St' -t %. -'W 9M 1 rM ' % ti,��lief�`t'-, , fit Approved l�s,T,( .F6r'm and Legal Sufficiency: ssistant my Attorney CONTRACTOR: Kyle Construction, Inc. ti' jkA&A6*' L14 M, U940 R CEO tDjx/ Type /Print Names and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -8 1 Fred I !'t T.,' nom' is Item # Agenda Date IZ' 13 -05 [' e _ Rec'd l _ 16C11. BOND # B C H 1753046 Surety: The Hanover Insurance Company Address: 808 North Highlander Way Howell, MI 48843 Phone # 517 -540 -4488 This is the front page of the performance /payment bond issued in compliance with Florida Statue Chapter 255.05 Contractor: Kyle Construction, Inc. Obligee: Collier County BOCC Address: 3636 Prospect Avenue Address: 3301 East Tamiami Trail Naples, FL 34104 Building G Naples, FL 34112 Phone #: 239 -643 -7059 Phone #: 239 - 530 -6241 Date: December 21, 2005 Amount: Seven Hundred Seventy One Thousand Three Hundred Forty Two and No /100 ($771,342.00) Project Description: "Manatee Road Force Main Replacement" Contract #: 06 -3911 Project Address: Collier County, FL Legal Description of Property: Manatee Road Roace Main Replacement This is the front page of the bond; all other pages are subsequent regardless of preprinted numbers. 16C11 ELI PUBLIC PERFORMANCE BOND Manatee Road F+orca Main Replacement Bond No. BCH1763046 Contract No. 063911 KNOW ALL MEN BY THESE PRESENTS: That Kvie Construction Inc. as Principal, and The Hannypr Insurance Company , as Surety, located at hlander Way, Howell MI 48843 (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Obligee in the sum of SaytanHu red SeyeLily One Thousand Three Hundred Forty Two and No /100 ($ 7z1,dZ nn ) tar the payment whereof we band ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2005, with Obligee for 'JEorce Main Replacement" in accordance with drawings and specifications, which contract is incorporated by reference and matte a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND Is that N 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 undar 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 matedafs fumished 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 shalt 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-+ 16C11 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 255.06, 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 thia 21st day of nprpmbe( _, 2005, the name of each party being affixed and these presents duly signed 5y its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the preen of: �- Wit sses as to Principal STATE OF F%o E i 0j COUNTY OF (.OLLi CCU PRINCIPAL •s al am GT� tt The foregoing instrument was acknowledged before me this_`_ day of 200 , by L_4.AiA M ,4& 444 as of �t v._� , � �f�`�'i � +_ � X11 � .�.� -_I✓�- t A. _ - corporation, on ' behalf of the corporation. HW51he is persena�y known to me OR has produoed as identification and did f#M not) 14e an th_ My Commission Expires: Name: 61,o-d e v� co6ie , (Legibly P nted) (AFFIX OFFICIAL SEAL) rotary Publio, State f: �L Commission No.: _Q „rP•,,,,,Y Bradley Rill # @jj# - GC-CA-A-5 ATTEST: Witnesses as to Surety OR Witnesse intersigned By: . Jay E. Woody, License4 Florida Resident Plgent STATE OF �. n/li,hen,n_ COUNTY OF Macomb SURETY: an (Printed Name) AnA w H . HnwpII,�L48842 „^„ (Business Address) (Authorized Signature) (Printed Name) As Attomey in Fact (Attach Power of Attorney) (Printed Name) Troy, MI 48 98 (Business Address) (Telephone Number) 16C11 The foregoing instrument was acknowledged before me this �st day of r)arpMh__pr___ , 2006, by — Kathiapn RA Irplan , aS r4ttnma i Fact, Of _.. _T a Hanover I , surailce Company B yam" -- nm ., N�aw Ham sn hire..._ . Surety, on behalf of Surety. He /She is personally known to me Olk has produced _r��ifpr. License as identification and who did (did not) take an oath. NIy Commission Expires: Zt, - / 2�✓ (S gnatu Name: P r (Legibly Printed) (AFFIX OFFICIAL SEAL) GC- CA -A -13 Notary Public, Stato of: - 1111ic -- hen Commission No.: Acting is Oakland County Jennifer A. Gareffs Notary Public Michigan Macomb County My Commission Expire. September 7, 2011 16C11 EXHIBIT A PUBLIC PAYMENT BOND Manatee Road Force Main Replacement Bond No. Rr,14175, 046 Contract No_ 06 KNOW ALL MEN BY THESE PRESENTS: That tion. Inc. and pany as Principal, Surety, located at _gp I MI 48843 as (Business address) are held and firmly bound to nu*ar o rn y Board o ,Qunty ommi sinners as Obligee in the sum of Sayan i- Illndr d Ae 1 n y Qn Tho usand Tin H �ndred Forty Two and No /100 ($?71-,-34240 ) for the payment whereof we bird ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2005, with Obligee for - Contra t #06 Q11 "Manat a RnQA Force Main Replacement" 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: 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 2W day of DecembgE 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. GO-CA-A-1 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY C F BY: NAME: ITS: PRINCIPAL Kyle Construction, Inc. 16C11 The foregoing Instrument was acknowledged before me this _day of 2a , by , as _- of a corporation, on behalf of the corporation. Helshe Is personally known to me OR has produced as identification and did (did not) take an oath. My CammlSSion Expires: (AFFIX OFFICIAL. SEAL) ATTEST: Witnesses to Surety NAME: GC-CA-A-2 (Signature of Notary) (Legibly Printed) Notary Public, State of Commleslon No,: SURETY: The Hann ver Ins Iran "M=114 (Printed Name) 8,08-N. Hylander Way Howell- M1.48842 (Business Address (Authorized Signature) (Printed Name) OR Witnes Countersigned By: Jay E. Woody, Licens d tFlorida Resident Agent 16C11 As A omey in Fact (Attach Power of Attorney) _ . gt leen M. Irelan (Printed Name) tBuslness Address} 4� 8 .R98 -3377 (Telephone Number) —` STATE OF Michigan COUNTY OF _Macomb The foregoing instrument was acknowledged before me this 21st day of _ December _ , 2005, by Kin I�lrelan as — Attnrney -In -Fact Of ThP HannyPr 1nsUEa 4;s Company Surety, on behalf of Surety. He /She is personally known tO me OR has produced License icense as Identification and who did (did not) take an oath. My Commission Expires: _ �/ Q01 (SPI natur Name. (Legibly Printed) (AFFIX OFFICIAL, SEAL) Notary Public, State of.. an Commission No.: JC�nlfnr t..�Ar+eia �,Notslry'r hlic Si an ��Nl!afN1,r `i c in GC-CA-A-3 ALLMERICA FINANCIAL 16011 CITIZENS INSURANCE" HANOVER INSURANCE' Policyholder Disclosure Notice of Terrorism Insurance Coverage The Terrorism Risk Insurance Act of 2002 established a program within the Department of the Treasury, under which the Federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. The Act provides that, to be certified, an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. The Federal share of compensation under this Program is equal to 90% of covered insured losses in excess of the deductible paid by us under this Program. In accordance with the Terrorism Risk Insurance Act of 2002, we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the Federal program. The law also requires us to disclose to you the premium charge associated with the expanded terrorism coverage. At this time we have waived any premium associated with this program for our policyholders. So, the cost under your policy is zero. Any questions concerning your policy and this coverage should be directed to your agent. Thank you for doing business with our companies. Z2604 (1 /03) Certified Copy Void Without Allmerica Financial Watermark I his Power of Attorney may not be used to execute any bond with an inception date after June 1, 2008 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY • CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint D.A. Valenti, Robert Trobec, Kathleen M. Irelan, Jeffrey A. Chandler and/or Ian J. Donald of Troy, MI and each is a true and lawful Attorneys) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and Noll 00 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of June, 2005. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) SS. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA R.Wd M. Vsn SONnb urpl�. � V F. Cadoo. Asaftwt vioe Pmswwo On this 22nd day of June, 2005, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. wcwrua pwa Notary Pubic My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 21St day of December 20 05 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Charles T Welts, Assistant Vice President Certified Copy Void Without Allmerica Financial Watermark ACORDM CERTIFICATE OF LIABILITY INSURANCE ::I gDA n(M /YYYy PRODUCER FAX (239)275 -8837 005 Valenti Trobec &Woody, Inc . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4110 Center Point Drive, Suite 215 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,.,Fort Myers, FL 33916 ALTER THE COVERAGE AFFORD ED BY THE POLICIES BEL '39)275 -8226 ,,.3URED INSURERS AFFORDING COVERAGE Ky a Construction, Inc. NAIC # INSURERA: Transportation Insurance CO 3636 Prospect Avenue Naples, FL 34104 INSURER 6: Transcontinental Insurance Co 0180; INSURERC: Valley Forge Insurance Co INSURER D: INSURER E: 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, NSR D. rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY 202 450 89 08 1010112005 10/01/2006 EACH OCCURRENCE LIMITS X COMMERCIAL GENERAL LIABILITY $ 1,000,00 DAMAGE TO RENTED $ CLAIMS MADE r OCCUR 100,000 A MED EXP (An B X SCHEDULED AUTOS BODILY INJURY X HIRED AUTOS (Per person) $ X NON -OWNED AUTOS BODILY INJURY X Hired Phy Damage (Per accident) $ PROPERTY DAMAGE ( GARAGE LIABILITY Per accident) $ ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: EXCESS/UMBRELLA LIABILITY 204 450 89 90 10/01/2005 10/01/2006 EACH OCCURRENCE AGG $ X OCCUR FI CLAIMS MADE $ 11000,000 A AGGREGATE $ 11000,000 DEDUCTIBLE $ X RETENTION $ 10,00 $ WORKERS COMPENSATION AND WC107 367 45 77 10 01 2005 10/01/2006 X $ EMPLOYERS' LIABILITY / / WC STATU- OTN- C ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? E L. EACH ACCIDENT $ 100, 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ 100,000 OTHER E.L. DISEASE - POLICY LIMIT $ 500.000 SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS oject: Manatee Road Force Main Replacement / Contract #06 -3911 llier County Board of County Commissioners is added as Additional Insured with respects to rk performed by Insured on the above captioned project. Collier County Board of County Commissioners Purchasing Building 3301 East Tamiami Trail Naples, FL 32112 ACORD 25 (2001108) 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGE TS OR REPRESENTATIV AUTHOR RED REPRESENTATIVE dy Jay E. Woo RD CORPOR4TION 1988 y one person) $ 5 5 , PERSONAL & ADV INJURY $ 1 , 0 GEN'L AGGREGATE LIMIT APPLIES PER, G GENERAL AGGREGATE $ 1 1,000,00 P POLICY X Et° LOC P PRODUCTS - COMP /OP AGG $ 1 11000,00 A AUTOMOBILE LIABILITY 2 202 450 89 42 10/01/2005 10/01/2006 AUTO C COMBINED SINGLE LIMIT ALL OWNED AUTOS ( (Ea accident) $ 1 1,000,001 SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS oject: Manatee Road Force Main Replacement / Contract #06 -3911 llier County Board of County Commissioners is added as Additional Insured with respects to rk performed by Insured on the above captioned project. Collier County Board of County Commissioners Purchasing Building 3301 East Tamiami Trail Naples, FL 32112 ACORD 25 (2001108) 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGE TS OR REPRESENTATIV AUTHOR RED REPRESENTATIVE dy Jay E. Woo RD CORPOR4TION 1988 16C11. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 16C11 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, ,)n a timely basis, if requested by Owner. (5) 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 16C11 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 from 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 16C11 �1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor 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 - 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. (check one) ❑ Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) ❑ 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 16C11 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 coverage 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. (check one) ❑ 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. (check one) ❑ 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 _ ,ind 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 16C11 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. (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 16C11 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 16C11. EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY 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 1 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.: 16C11. EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Retainage @ 10% thru[insert date] $ Total value of Work Completed and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Percent Work completed to Date: % Less previous payment (s) AMOUNT DUE THIS $ Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'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: -1y OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 16C11 N i Q U U U I�IIIIIIIIIIIUINI�I IIIIIIIIIIIIIINI�I�1 vllllllllllllglllllll �IIIIIplllllllllllllll IIIIAIIIIIIIIIIIUII IIIIIIYIIIIIIIIIIII ��IIIIIIIIIIIIIIIIRII IYI�= I I I �I�II !. II u ■YIAIAIIIIIIIIIII 16C11 N i Q U U U TO: Project Name: Bid No. : Change Order No.: Change Order Description 16C11 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: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Authorized by: Division Administrator (For use by Owner: Fund Number: ) Date: Date: Date: Date: Date: Cost Center: Object Code: GC -CA -E Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. 16C11 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 16C11 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 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 By: C�0 V Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2005 By: OWNER Type Name and Title GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as 16C11 Date: 2005 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: 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 16C11 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16C11 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 16C11. 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 16C11. 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 16C11 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 four (4) 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 4.7 Each Application for Payment, subsequent to the first pay application, 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 16C11 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 16C11. 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 16C11. 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 16C11. 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 16C11 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 16C11. 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 16C11. 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 16C11. 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 16C11. 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 16C11. 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 16C11. 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 16C11. 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 16C11. 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 16C11 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 16C11 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, rt 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 16C11. 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 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 5.6, 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 16C11. 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 16C11 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 16C11 . 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 colliergov.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 16C11. 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 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 GC- CA -H -25 16C11. 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 muss 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 16C11 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 16C11. 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 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 PMTS 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 16C11. EXHIBIT 1 SUPPLEMENTAL TERMS AND CONDITIONS 1. 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 16C11. EXHIBIT J TECHNICAL SPECIFICATIONS 1. All roadway materials and work shall be supplied and completed in accordance with theFDOT "Standard Specifications for Road and Bridge Construction: dated 2000, as revised to date. 2. Clearing and grubbing shall be limited to work areas only. Contractor shall be responsible for restoring all areas disturbed by his work. All disturbed areas shall be sodded or seeded to match existing. 3. Contractor shall be responsible for the cost of all pathways testing required. Testing shall include the following: a.) Subgrade: Upon final grading of the subgrade, the existing subgrade shall be proof - rolled in presence of Owner's representative. Any unstable material shall be reworked and proof - rolled. b.) Limerock Base: A limerock sample is to be taken on the job site by an independent certified laboratory of the Contractors own choosing to determine the proctor and LBR. The limerock base is to be placed in a single course. Density tests shall be performed on each lift along the pathway at no more than 200' o.c. Density test results shall be submitted to the engineer for approval prior to construction of the asphalt surface. c.) Final Construction: Density testing of wearing course at 300 L.F. intervals and core samples at 300 L.F. intervals. Coring to be immediately patched. d.) Concrete Testing: Air content, every day's work. (One cylinder shal one held in reserve) GC- CA -J -1 slump and minimum of 4 cylinders for I be tested at 7 days, two at 28 days and 16C1 1 0 EXHIBIT K 1. Permits to be secured by Collier County include the following: a.) FDEP Permit to construct a domestic wastewater collection /transmission system b.) (Following Construction) FDEP Permit to place domestic wastewater collection /transmission system into operation TPA#1953633.11 GC- CA -K -1 16C11. EXHIBIT L PLANS AND SPECIFICATIONS PREPARED BY Q. GRADY MINOR & ASSOCIATES, P.A. AND IDENTIFIED AS FOLLOWS: MANATEE ROAD FORCE MAIN REPLACEMENT AS SHOWN ON SHEETS 1 THROUGH 15 1. Cover Sheet and Index of Drawings 2. Overall Site Plan and General Notes 3. Plan and Profile of Manatee Road (STA. 0 +00 TO 5 +50) 4. Plan and Profile of Manatee Road (STA. 5 +50 TO 11 +00) 5. Plan and Profile of Manatee Road (STA. 11 +00 TO 16 +50) 6. Plan and Profile of Manatee Road (STA. 16 +50 TO 22 +00) 7. Plan and Profile of Manatee Road (STA. 22 +00 TO 27 +50) 8. Plan and Profile of Manatee Road (STA. 27 +50 TO 33 +00) 9. Plan and Profile of Manatee Road (STA. 33 +00 TO 38 +50) 10. Plan and Profile of Manatee Road (STA. 38 +50 TO 44 +00) 11. Plan and Profile of Manatee Road (STA. 44 +00 TO 49 +50) 12. Plan and Profile of Manatee Road (STA. 49 +50 TO END) 13. Miscellaneous Details 14. Miscellaneous Details 15. Maintenance of Traffic Details TPA #1953633.11 GC- CA -L -1 16C11. EXHIBIT M PLANS AND SPECIFICATIONS TPA#1953633.11 GC- CA -M -1 16C11. EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA#1953633.11 GC- CA -N -1 0 U m Q i� 75 E O U- T O V d Q N 0 L V W V) y O J o m � � LU WI QI 16C11. r Q U U C7 M M f0 M 0) d F W y lC C l0 m a a O d 'C N N c _ F >' a � d N d � aL— � o >m co CL d N N N > v m m L a v m o E > 3 c Z A c 0 w a U) 0 R r Q U U C7 M M f0 M 0) d F ORIGINAL DOCUMENTS CHECKLIST & ROUTIN�L�P n a TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT (t)) U 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 grouting lines #1 throe h #4 earn let, rh, �tiP era . -. j f,, ,. A — Q. ❑:.,... :__ — Route to Addressee(s) (List in routing order) ______ __ __ __ __ �_.... .�.— ..... ..............., u.. �. Office ate, _ • U,,, , ­ Initials II R ), Date 1. Terri Daniels Human Services Dept. (Initial) 12/15/205 2. December 13, 2005 Agenda Item Number 16D 1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed n 4. Agreement Amendment Number of Original 4 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 Terri Daniels Phone Number 732 -2689 Contact aporoDriate . (Initial) A licable) Agenda Date Item was December 13, 2005 Agenda Item Number 16D 1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed n Type of Document Agreement Amendment Number of Original 4 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 aporoDriate . (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 n 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 si gna ture 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. 1 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awarq of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporateh in Vhe attached document. The County Attorne 's Office has reviewed the than es, 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 16D1 MEMORANDUM Date: December 30, 2005 To: Terri Daniels, Grants Supervisor Human Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: The Standard Agreement with the Area Agency on Aging; Amendment #002 Enclosed, please find four (4) original documents as referenced above (Agenda Item #16D1), approved by the Board of County Commissioners on Tuesday, December 13, 2005. Kindly forward the agreements to the Area Agency on Aging for Southwest Florida for the required signature, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774 -8406. Thank you. Enclosures (4) AMENDMENT # 002 eement A # OAA 203.05 ar _ � 1 STANDARD AGREEMENT AREA AGENCY ON AGING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into between the Area Agency n Aging for Southwest Florida, Inc. , hereinafter referred to as the "agency ", and the Collier County Board of County Commissioners, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. 1. The purpose of this amendment is to increase Title IIIB Support Services by $9,000. This amendment shall be effective on October 13, 2005. All provisions in the contract and any Attachments thereto in conflict with is amendment shall be and hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract and the Master Agreement. This amendment and all its attachments are hereby made a part of the agreement. IN WITNESS WHEREOF, the parties hereto have caused this 2 page amendment to be executed by their officials thereunto duly authorized. ATTEST: DWIGHT E. BROCK, Clerk 3y: th leg Ch. Irun's sianam oil �+ Approved as to form and Legal sufficiency Assistant Co Attorney FEDERAL ID NUMBER: FISCAL YEAR -END DATE: 06/30 COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ` %.,{ W . Fred W. Coyle, Chairman Board of County Commissioners Date: October 13, 2005 AREA AGENCY ON AGING FOR SOU ES A J Koehle Board President Date : October 13, 2005 AMENDMENT # 002 Agreement # OAA 203.05 � 16 01 Program Title Year Funding Source CFDA# Fund Amounts Older Americans Act 2005 U.S. Dept. Of Health and 93.044 -045 and Human Services 93.052 Title IIIB Support Services 2005 U.S. Dept. Of Health and 93.044 Lead Agency Operations Human Services $51,666.00 Spending Authority $301,776.00 III C1 Congregate Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $38,041.00 Spending Authority $215,565.00 Title III C2 Home Delivered Meals 2005 U.S. Dept. Of Health and 93.045 Lead Agency Operations Human Services $33,247.00 Spending Authority $188,398.00 Title III E Services 2005 U.S. Dept. Of Health and 93.052 Lead Agency Operations Human Services $12,534.00 ,Spending Authority $71,026.00 .TOTAL FUNDS CONTAINED IN THIS $912,253.00 ',AGREEMENT: The Legal Service allocation for Collier County is $22.231.00. PSA I & R is $38.447.00. These allocations are included in the Title III -B spending authority allocation shown above. 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTINC& S I p TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT& _ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S 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. Terri Daniels Human Services Dept. (Initial) 12/27/2005 2. November 15, 2005 Agenda Item Number 16132 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, 4. Agreement Number of Original 3 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 Terri Daniels Phone Number 732 -2689 Contact appropriate. (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 16132 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, Type of Document Agreement Number of Original 3 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST L 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 i 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 awaire of your deadlines! 6. The document was approved by the BCC on ji 15 (enter date) and all changes made during the meeting have been incorporat d ih the attached document. The Count Attorne 's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D2 •z MEMORANDUM Date: December 30, 2005 To: Terri Daniels, Grants Supervisor Human Services Department From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: The Horizons Primary Care Clinic in Golden Gate City Enclosed, please find three (3) original Letters of Agreement as referenced above (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, November 15, 2005. After agreements have been sent to the Agency for Health Care Administration for the required signature, please return one fully executed original to the Minutes and Records Department. If you should have any questions, please call 774 -8406. Thank you. Enclosures (3) 16D2 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 15t day of Nov,, 2005 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, 1. Per Senate Bill 2600, the General Appropriations Act of FY 2005 -2006, passed by the 2005 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount not to exceed a grand total of $82,200 for the following programs: $82,200 is to fund the Medicaid Inpatient Upper Payment Limit program, a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: i. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. ii. Special Medicaid payments to hospitals that provide enhanced services to low- income individuals. 2. The County will pay the State an amount not to exceed the grand total amount of $82,200. The County will transfer payments to the State in the following manner: a) A payment of $82,200 is due no later than December 1, 2005. b) The State will bill Collier County. 3. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2005 -06 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 4. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 5. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 1602 6. The County confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and/or the hospitals to re- direct any portion of the Medicaid supplemental payments in order to satisfy non - Medicaid activities. 7. This Letter of Agreement covers the period of July 1, 2005 through June 30, 2006. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. ATTEST: =; DWIGHT E.,13ROCK Cletk By:lJ•ll w �� �ttT.�tya a 1 ratan ' s slonattn I Approved as to form and legal sufficiency Assistant C unty Attorney Collier County COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Board of County Commissioners . 9,6 STATE OF FLORIDA: Carlton D. Snipes Assistant Deputy Secretary for Medicaid Finance Agency for Health Care Administration Date r 16D4 MEMORANDUM Date: February 23, 2006 To: Amanda Townsend Operations Coordinator Parks & Rec. Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -421 Parks and Rec License and Fee Policy Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16D4), which was approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you have any questions, please call me at 774 -8411. Thank you. Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1604 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', sionnn.r,. Arm,.,, r: .,o.w- „.- l___.:__,.___..... .... - Route to Addressee(s) „+, uuou nw, com tete cc hecklist, and Office forward to Sue Filson (line #5). (L,is[in routing order) / l� /D5 Initials Date Type of Document Attached / s ° tSl �5 - Number of Original Documents l by the Office of the County Attorney. This includes signature pages from ordinances, Attached 2. resolutions, etc. signed by the County Attorney's Office and signature pages from 3. contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) �.- 4. All handwritten strike - through and revisions have been initialed by the County Attorney's 5. Sue Filson, Executive Manager Board of County Commissioners r 3. The Chairman's signature line date has been entered as the date of BCC approval of the 6. Minutes and Records Clerk of Court's Office ;r. I G` 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 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Phone Number sS s d t /a �/ Agenda Date Item was Approved b the BCC / l� /D5 Agenda Item Number l 7 I� Z,) 1K Type of Document Attached / s ° tSl �5 - Number of Original Documents l by the Office of the County Attorney. This includes signature pages from ordinances, Attached TN.QTRTi!'TTnVQ .e. nuunrrr tram 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 I. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) N/A (Not Appli cable) 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 exce t 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 ne otiated 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. Therlocument was approved -by -the BCC on (enter date) and all changes d made during the meeting have been incorporat ed 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 1604 RESOLUTION No. 2005 -J—/Zf/ A RESOLUTION OF COLLIER COUNTY, FLORIDA, REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING PARTS OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY AND ESTABLISHING THE POLICY ANEW WHEREAS, the Parks and Recreation advisory Board has recommended to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy as amended be repealed and established anew to provide for multiple changes and additions within the policy; WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Parks and Recreation Advisory Board; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. The Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, as established in Resolution 85 -251 and amended in Resolutions 92 -552, 93 -84, 94 -24, 94 -848, 95 -548, 95 -629, 96 -364, 96 -467, 96- 556, 97 -301, 98 -389, 99 -375, 2000 -335, 2001 -126, 2001 -481, 2002 -313, 2004- 346, and 2005 -336, is hereby further repealed and replaced with the following: I. PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. II. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non - government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case -by -case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses 1. Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and/or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, 1b04 herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access. 5. Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I— Federal Income Tax Exempt Entities, Registered Charities, Not - for -Profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and Second District Association. b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c. Local Not - for - Profit Groups 16D4 Entities, irrespective of tax exempt status, which are not- for - profit corporations, organizations or other not - for -profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not - for - Profit Groups Those entities, irrespective of tax exempt status, which are not -for- profit corporations, organizations or other not - for -profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. e. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees as described in IV.B. Category II — User Fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing of monetary value. Fund raising activities do not include: 1. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 3. Category 11— All Others A. Each individual, group, organization or entity that is not within Category 1. IV. FEE STRUCTURE — (All fees are exclusive of sales taxes) A. Category I User Fees 1. Facility Rates (excluding league play and special facilities; i.e., swimming pool, etc.) 1604 _* Facility Type Rate Per Hour Indoor Room under 1,500 sq ft $10.00 Indoor Room 1,501 - 3,000 sq ft $15.00 Indoor Room 3,001 sq ft & over $20.00 Gymnasium $30.00 Small Pavilion $10.00 Large Pavilion $20.00 Su den Amphitheater $30.00 Open Green Space (100 x 100) $10.00 Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) $15.00 Basketball /Racquetball /Volleyball /Tennis Courts $5.00 Lights $10.00 Su den Regional Park for a Countywide Event $800 per day 2. Fund raising rates are $20.00 added to hourly rate above. B. Category II User Fees 1. Facility Rates (excluding special facilities; i.e., swimming pool, etc.) Facility Type Rate Per Hour Deposit Indoor Room under 1,500 sq ft $25.00 Indoor Room 1,501 - 3,000 sq ft $45.00 Additional non - security staff Indoor Room 3,001 sq ft & over $60.00 Gymnasium $60.00 $100.00 Small Pavilion $10.00 by department Large Pavilion $20.00 Sug-den Amphitheater $60.00 $60.00 Su den Green Space $60.00 Open Green Space (100 x 100) $20.00 Athletic Facilities for General Use (i.e. Special Events, Picnics, Carnivals, etc.) $30.00 $80.00 Athletic Facilities for Athletic Use (Football /Soccer, Soft/Baseball, Little League, Sports Pavilion, Roller Hockey) $40.00 Basketball /Racquetball /Volleyball/Tennis Courts $12.00 Lights $10.00 Sugden Regional Park for a Countywide Event $1,200 per day 2. Fund raising rates are $20.00 added to hourly rate above. C. Additional Fees: Categories I and 11 Service Additional Fee Per Hour Rental during non - business hours $20.00 (hours that are not normal departmental operation) Additional non - security staff $15.00 per staff member members Additional security staff members $20.00 per hour per staff member needed as determined by department 16D4 Light fees (where not specified) $10.00 per hour Special requests or additional clean up required Per hour fee determined by department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Preserve, Barefoot Beach Access, Clam Pass Park, North Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $5.00 per day. Collier County residents may obtain a beach parking permit at no charge. Permits will be valid for 2 years. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities except the Vanderbilt Parking Garage. All users of the Vanderbilt Parking Garage will be charged a $5.00 daily fee, whether they hold a beach parking sticker or not. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00 per launch per day. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Collier County Parks and Recreation Department Administration Office for a cost of $100.00 per vehicle plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee required. Commercial entities purchasing the $500.00 permit are eligible to use up to 5 vehicles for launches. Additional vehicle permits must be purchased for $100.00 each. All permits are good from January 1 to December 31. E. Concession Fees I. Concession Booth /Location in Conjunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for leagues will be charged $5.00 per hour of operation. F. Reserved G. Instructional Fees (Contractual Instructors) 1. Programs Fee Assessment: per hour or per participant basis. 2. Non -Staff Instructor(s): Any costs for supplies and equipment will be subtracted from the class fee and the balance of the funds will be split between the non -staff instructor(s) and the County as follows: 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. After subtraction, the pro- ration for instructional programs conducted on non - county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. 1604 H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum registration fee per participant per league play Adult $30.00 Youth $30.00 Youth Immokalee $ 5.00 Leagues charged on a fee per participant basis may require a sponsor fee. Alternately, leagues may be charged a combined sponsor and players' fee per team as follows: Men's Softball $860.00 Women's Softball $540.00 Church Leagues $710.00 Men's 35+ $760.00 Leagues will be charged light fees for practices, but not for scheduled league games. Immokalee leagues will not be charged light fees for practices. 2. Collier County Parks and Recreation Co- sponsored Leagues Fees are applicable to Category I users only. League Type Adult Youth (includes play -offs or all -star play) Fee per participant per league play $30.00 $1.00 per registered youth per week of league play Leagues will be charged light fees for practices, but not for scheduled league games. 3. Clinics: Pro- rations: a. For clinics conducted on any County facility, 65 % of the fees go to the group or individual(s) and 35% of the fees go to the County. b. For clinics conducted on any non - County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. c. An additional hourly rate will be charged for the facility if the clinic serves a fund raising purpose. 4. Tournament Fees Fees will be determined on a tournament -by- tournament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions. I. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility J 16D4 Service Rate Court Fees $8.00 per person per 1/2 hour Single Annual Membership $371.00 Couple Annual Membership $662.00 �/2 Hour Pri vate Lesson $38.00 1 Hour Private Lesson $65.00 Round Robins $5.00 members $10.00 non - members Collier County Aquatic Facilities Key to abbreviations: GGAC = Golden Gate Aquatic Complex, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park Aquatic Complex 1. Entrance Fees (inclusive of sales tax) 2. Pass Fees (exclusive of sales tax) Under 3 rs Youth (3 -17 rs) Adult Senior (60+ rs) GGAC Free $2.50 $3.00 $2.50 ISC Free $1.00 $1.50 $1.00 2. Pass Fees (exclusive of sales tax) No corporate discounts on pool passes. 3. Swimming Instructional Fees Type Youth Adult Senior Family GGAC 3 month $40.00 $60.00 $40.00 $100.00 ISC 3 month $35.00 $55.00 $35.00 $ 90.00 GGAC Annual $60.00 $80.00 $60.00 $225.00 ISC Annual $50.00 $75.00 $50.00 $210.00 No corporate discounts on pool passes. 3. Swimming Instructional Fees 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff 5. Sun -N -Fun Lagoon Fees $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard User GGAC ISC Children's 1/2 hour classes $40.00 per participant $10.00 per participant Children's 3/4 hour classes $45.00 per participant $15.00 per participant Adult 3/4 hour classes $45.00 per participant $15.00 per participant Private Lessons $15.00 er' /2 hour 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff 5. Sun -N -Fun Lagoon Fees $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard User Rate Adult $9.43 plus tax daily fee Child $5.19 plus tax daily fee Members of groups of 20 or more $4.25 plus tax daily fee 1604 Entire Facility $1500 per hour, 2 -hour minimum Rental $1000 each additional hour Tier 3 Pass includes staff Partial Facility $200 per hour, per pool (excluding lazy river) Rental $300 for lazy river GGCP Fitness does not include staff, staffing charge will be $15 yes per hour per lifeguard as needed as determined by no the Department No exceptions are made to Collier County Aquatic Facility rates. Fee for non - Collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superceded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. K. Collier County Fitness Centers Key to abbreviations: GGCP = Golden Gate Community Park, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park, MHCP =Max Hasse Community Park, VTCP= Veterans Community Park Fitness passes are available in a three - tiered system, with passes offering use of facilities as follows: Facility Daily Fee Tier 1 Pass Tier 2 Pass Tier 3 Pass NCRP Fitness $8 yes no no GGCP Fitness 7 yes yes no MHCP Fitness 7 yes yes no VTCP Fitness 4 yes yes yes ISC Fitness 4 yes yes yes GGCP Pool I above I yes I yes I no ISC Pool I above es es yes NCRP Lap Pool above no no no 2. Fees associated with the pass types above are as follows. Daily walk -in and membership fees are subject to 6 % sales tax. 3. Baby- sitting Service $3.00 per child per use $20.00 per 10 -visit card Tier Tier Tier 1 2 3 Monthly 35 33 20 3 -Month 100 90 50 Annual 300 250 160 Spouse of Additional Family Member 165 140 100 (includes college students up to 25 years of age) Student (ages 13-18, students aged 125 100 75 13 to 14 must be accompanied by an adult 3. Baby- sitting Service $3.00 per child per use $20.00 per 10 -visit card 1604 Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness. 4. Corporate Discount on Annual Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount 5-9 10% 10-24 20% 25 and above 40% L. Skate Parks Annual Membership for Age 21 and under $10 Annual Membership for Age 22 and older $25 M. Collier County Summer Camps, After School Programs, and Collier County Parks and Recreation Specialty Camps 1. Summer Camp 9 -week session $549.00 1 -week session $ 75.00 10% discount on each additional child from the same household after the first. 2. After School Camps per week $25.00 Transportation cost per week is additional and will be based on the current transportation contract. 3. Holiday Camps 1 -day camp $15.00 Easter Camp (5 days) $75.00 Christmas Camp (4 days) $60.00 4. Collier County Parks and Recreation Specialty Camps Specialty camp fees are competitive market prices based on hours and type of instruction. N. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $ 500 Tree O. Golden Gate Community Center 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located I mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard Organizations in Classes I, 11, 1II, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. 1604 . 2. User Categories Class I: Charitable, Not - for - Profit organizations Class IL• Not - for - Profit organizations Class III: Civic organizations Class IV: Commercial or For - Profit organizations and any other group or individual 3. Deposit Fees Auditorium $200.00 All Other Rooms $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category within District Class I No charge Class II No charge Class III No charge Class IV (<1,500 sq ft) $10.00 /hour (1,501- 3,000) $15.00/ hour (3,001 +) $20.00/ hour B. Auditorium outside District No charge approved by Board No charge $25.00/ hour $45.00/ hour $60.00/ hour Category within District outside District Class I & III No charge No charge Class 11 approved by Board approved by Board Class IV $20.00 /hr < 10 pm $60.00 /hr < 10 pm $40.00 /hr 10 pm + $80.00 /hr 10 pm + C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category General Fee Class 1 $30.00 per hour any size Fund Raising $20.00 added to rate above Class II $60.00 per hour any size Fund Raising $20.00 added to rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. 1604 User categories Class I and Class II, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. 16D4 2. A copy of the fee rules, as hereby established, is attached. 3. This revised policy shall be effective January 1, 2006. This Resolution adopted this 15?'/ day of 2�)' Gk,6�,o-2005 after motion, second and majority vote in favor of passage. ATTEST DWIGHT 'E:'B1ZO< , CLERK By: jA tyC3Fk',, Al to Chair"n's signature only. Approved as to form and legal sufficiency: By: Robert Zac ry Assistant ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Item# Agenda Date 12_13—O`J Date Recd puty Jerk 16D8 , MEMORANDUM Date: December 1.5, 2005 To: Peter Kraley, Director Veteran Svcs Veteran Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Ford Motor Company Agreement Enclosed please find one copy of the document referenced above, (Agenda Item #16D8) which was approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 U 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. ( )riginal documents should he hand delivered Io the Board Office. I he completed routing slip and original documents are Io be tiinvarded to the Board Office onlc afler the Board has Iaken action on the I tem, I 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 ofthe Chairman's signature, draw a line through routing lines #1 through #4. complete the checklist_ and forward to Cnr F;lsnn rtinP 1141 Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 12/13/05 Agenda Item Number 16138 3. signed'by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ford Motor Company Agreement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners PK 12/13/05 6. Minutes and Records Clerk of Court's Office PK 12/13/05 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 Peter Kraley Phone Number 774 -8448 Contact appropriate. (Initial) Applicable) Agenda Date Item was 12/13/05 Agenda Item Number 16138 Approved by the BCC signed'by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ford Motor Company Agreement Number of Original I Attached I I 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 PK 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 PK 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 PK 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 PK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip PK 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 12/13/05 (enter date) and all PK 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 .Nov 28 2005 1:57PM HP LASERJET FAX Contract # Request # FORD MOTOR COMPANY EQUIPMENT LOAN AND EVALUATION AGREEMENT ■ �Y THIS AGREEMENT is entered into this 21st. day of November, 2005, by and between FORD MOTOR COMPANY, a Delaware corporation (Ford), with offices at The American Road, Dearborn, Michigan, and Collier County Veterans Services, a(n) Florid corporation, with offices at 163301 Tamiami Trail E Naples, FL 34112 (Borrower). RECITALS A. Ford is willing to lend to Bortower certain equipment ("Equipment ") described in Paragraph 1 hereof for the purpose of aiding Ford In evaluating various aspects of the products it manufactures and /or sells. B. Borrower is willing to accept the Equipment and use it for the purpose and in accordance with the terms and conditions of this Agreement. TERMS & CONDITIONS Bailment. Ford and Borrower agree that this Agreement shall constitute a bailment of the Equipment to Borrower. Ford hereby lends the following Equipment to the Borrower to be held and used by Borrower, as a bailee of the Equipment. In accordance with this Agreement: ITEM 2005 E -150 DESCRIPTION Tag # 294WB20 IDENTIFICATION 1 FMRE11 L05HA00009 2. Location and Title. Borrower shall utilize the Equipment in the Florida area for the purpose of assisting Ford in evaluating its products. The Equipment shall remain the property of Ford. The Equipment shall at all times be properly used and maintained by Borrower and shall be marked "Property of Ford Motor Company". The Equipment shall not be removed from the area referred to above, without Ford's prior written approval, for any reason other then for delivery to Ford. Upon Issue Date: January, 1992 Page 1 of 6 Revision Date: August, 1999 Path: w :logclogcctlpurchlbailmentlVL &E .dot .Nov 28 2005 1:57PM HP LASERJET FAX 168= Contract # Request # request by Ford, the Equipment shall be immediately delivered to Ford. Ford shall have the right to enter onto Borrower's premises at all reasonable times to inspect the Equipment and Borrower's records with respect thereto. Borrower shall from time to time advise Ford of the location of the Equipment. 3. Indemni . Borrower shall defend, indemnify, and save harmless Ford and its subsidiaries and their respective officers, directors, agents, and employees (hereinafter collectively called "Indemnitees ") from and against any and all losses, damages, claims, actions, costs and expenses, including, but not limited to, fees and expenses of legal counsel and expert witnesses, that may be imposed upon or incurred by or asserted or entered against the Indemnitees, or any of them, by reason of actual or alleged: W injury to or death of persons (including, without limitation, any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); (ii) loss of or damage to the property of any person or legal entity (including, without limitation, any property of any employee or employees of one or more of the Indemnitees or of Borrower or of one or more of its contractors, subcontractors, vendors or agents); or (iii) violation of any law, ordinance or regulation of any govemmental authority (including, without limitation, the United States of America or any of its states or localities, or Canada or any of Its provinces or localities) by Borrower or by any of its contractors, subcontractors, vendors, agents or employees; as a result of or arising out of or in connection with the testing, evaluation, possession or use, by or on behalf of Borrower, of the Equipment, or the condition thereof; provided, however, that the foregoing agreement to indemnify and hold the Indemnitees harmless shall not be applicable to the extent that any such loss, damage, claim, action, suit, judgment, decree, order, cost or expense are attributable to the sole negligence or the willful or wanton misconduct of the Indemnitees. Borrower shall promptly notify Ford of any event covered by this Paragraph of which Borrower has actual notice, and Ford shall be entitled to participate In the defense of any claim for expenses. 4. Taxes. Fees. and Other Permits. Borrower shall pay all occupational taxes and governmental charges Imposed in connection with the use and operation of the Equipment, including any permits, special permits, licenses or taxes required by the business of Borrower, emissions tests, and all sales, use, excise, personal property, state, provincial and mileage taxes, tolls or any other taxes or fees (and all Increases therein) currently in force or which hereafter may be enacted and become due and payable during the lease term with respect to the Equipment or its ownership, possession, rental, transportation or delivery. Borrower shall assume responsibility for ensuring that the Equipment has been properly registered, including any required inspections or testing, in accordance with the laws of the jurisdiction where the Equipment will be primarily used. Except as otherwise Issue Date: January, 1992 Page 2 of 6 Revision Date: August, 1999 Path: w :logclogcctlpurchlbailmentlV &E.dot -Nov 28 2005 1:57PM HP LASERJET FAX MOE! Contract # Request # provided herein, Ford shall obtain and provide Borrower with all necessary authorizations, permits, waivers or exemptions which may be required from a government agency to operate the Equipment on public highways. Borrower shall use, operate, and test the Equipment only in accordance with the terms and provisions of any such authorization, permit, waiver or exemption, and expressly agrees to indemnify and hold harmless Ford from and against any and all damages, suits, actions, claims, costs or expenses arising from, or connected with, any violation or noncompliance with any of the terms and provisions of any such authorization, permit, waiver or exemption by, or resulting from the action or inaction of, Borrower or any of its agents or employees. 5. Insurance. Borrower, at its sole cost and expense, shall procure and maintain during the term of this Agreement, from insurers listed in a current "Bests Insurance Guide" as possessing minimum policyholder's rating of *A -w" and a financial category of "VI ", commercial automobile liability and commercial general liability insurance covering body injury liability and property damage liability, including broad form property damage liability and contractual liability coverage (either a blanket policy or a policy applying specifically to this Agreement), with limits of not less than $3 million combined single limit per occurrence of loss or damage. Such insurance coverage shall protect the Borrower, Ford and any person using, operating or otherwise having an interest in the Equipment and shall also meet the requirements of any so- called "no- fault" law now in effect or which hereafter may be enacted. Such Insurance policy shall name Ford as an additional Insured and shall provide that the policy may not be canceled or materially altered without 30 days prior written notice to Ford. The insurance provided by Borrower will be primary Insurance and will not be excess to or contributory with respect to Insurance coverage, If any, provided by Ford. In addition, Ford shall be named as an additional insured on any excess or umbrella program purchased or maintained by Borrower. At or before delivery of the Equipment to Borrower, Borrower shall provide Ford with acceptable evidence of insurance coverage in accordance with this Agreement by delivering certified copies of insurance policies that provide the required coverage, or certified copies of existing insurance policies that have been endorsed to provide the required coverages, or certificates of insurance executed by the insurer or its authorized representative that certify the required coverages. The furnishing of such insurance shall not relieve Borrower from any liability or obligation for which it Is otherwise responsible to Ford. Ford shall be under no duty to examine any certificate provided by Borrower or to advise Borrower that Its insurance coverage does not comply with the requirements set forth herein. ti. Maintenance and Repairs. Borrower shall Inspect the Equipment upon delivery and by acceptance thereof is deemed to find the Equipment in good working order and condition. Borrower or its designee shall maintain the Equipment in good working order and condition, properly serviced and greased, and comply in every respect with the provisions of Paragraph 10 hereof, and of the manufacturer's owner manual that came with the Equipment. Ford or its designee shall make all major repairs necessary to maintain the Equipment in good working order and condition. Title to all such repairs shall vest in Ford. All repairs and servicing shall be done by qualified service personnel Issue Date: January, 1992 Page 3 of 6 Revision Date: August, 1999 Path: w:l ogcbeccflpurchlbailmentlVL &E.dot Nov 28 2005 1:57PM HP LRSERJET FAX Contract # Request# except that warranty work, to the extent practicable, shall be done at the shop of the nearest authorized dealer In such make of the Equipment. Borrower shall pay for all gasoline, oil and normal service required for the proper operation of the Equipment and for all washing, parking, garage, highway road service, tolls and fines required or incurred in connection with the operation of the Equipment. 7. Delivery angL Return of Equipment. Ford shall be responsible for delivery of the Equipment to Borrower at 3301 Tamiami Trail E Naples FL 34112. Ford shall not be responsible for any delay in delivery of the Equipment. Borrower shall return the Equipment to Ford, at a location designated by Ford, no later than the dose of business on 1213012008. 8. Use of Equipment. Borrower shall utilize the Equipment for the purposes of modification, testing and/or evaluation as specified by Ford from time to time, Borrower shall not use or operate the Equipment in violation of any federal, state, local or provincial law, rule, regulation or ordinance including those pertaining to the age and licensing of drivers, the disclosure of Ford's interest in the Equipment, or other requirements or limitations. Under no circumstances shall Borrower disconnect any odometer or other mileage recording device nor shall the Equipment be used or operated (a) in a manner subjecting it to depreciation above the normal depreciation associated with general commercial use, (b) for any illegal purpose or by a person under the influence of alcohol or narcotics, (c) in any manner or for any purpose that would cause any insurance specified in this Agreement to be suspended, cancelled, held Inapplicable or increased in cost, or (d) outside the continental United States or Canada without Ford's express written permission. The Equipment shall be operated at all times in a safe, careful and lawful manner and by legally qualified drivers. The Equipment may be operated only by persons who are employees of the Borrower and stand in relations to the Borrower as employee to employer. Further, the operation of the Equipment shall be conducted under the exclusive supervision, direction and control of Borrower. Under no circumstances shall an employee of Borrower be considered or held out as an agent, servant or employee of Ford. 9. Inspection and Reports. Borrower agrees to allow Ford to inspect the Equipment and to otherwise observe it in operation at such time and facility as Ford may specify. Borrower shall provide Ford with such mileage, maintenance, safety, operating or other information or copies of any such records maintained by Borrower with respect to the Equipment as Ford or any governmental agency may require from time to time. 10. Risk of Loss. Borrower shall assume all risks of loss with respect to the Equipment, including loss or damage that occurs despite Borrower's exercise of reasonable care, but excluding normal wear and tear, from the time it is delivered by Ford to Borrower at 3301 Tamiami Trail E Naples FL 34112 and until the Equipment has been returned to Ford at its local district sales office or at such other local Ford dealership as Ford may designate. In the event of damage to the Equipment, Borrower shall notify Ford to that effect and follow such instructions as Ford may provide with respect to repair or disposal of the Equipment. Borrower shall be responsible for payment of any repairs to the extent not covered by insurance inuring to the benefit of Ford. If any Equipment is lost, stolen, destroyed or Is declared a total Issue Date: January, 1992 Revision Date: August, 1999 Path: w: logclogcctlpurch lbailmentlVL &E,dot Page 4 of 6 Nov 28 2005 1:57PM HP LRSERJET FnK n ii Contract # Request # constructive loss (subject to Ford's agreement as to such condition), Borrower shall promptly notify Ford thereof and hold any wreckage for disposal by Ford. With respect to any lost, stolen, or destroyed Equipment, Borrower shall pay Ford (to the extent not covered by insurance inuring to the benefit of Ford) an amount equal to the wholesale market value for comparable Equipment in a condition similar to the lost, stolen or destroyed Equipment immediately prior to any such loss. 11. Procedures on Accidents. Within 24 hours of an accident, theft or conversion of any Equipment, Borrower shall file a written report to that effect with Ford and the insurer of such Equipment. Borrower shall promptly notify and furnish Ford with every demand, notice, summons, process and pleading received in every suit, action or claim arising with respect to the condition, use or operation of the Equipment, and cooperate with Ford and the insurer in defending the same. Ford reserves the right to examine any such Equipment 12. Termination. Ford may terminate this Agreement at any time by giving 30 days prior written notice to Borrower, except that Ford may terminate this Agreement effective immediately upon written notice to Borrower, in the event Borrower falls to provide or maintain any insurance required hereunder, or in the event of the filing of any petition by or against Borrower under any bankruptcy, reorganization, receivership law, or Borrower's making an assignment for the benefit of creditors, or if Borrower makes or suffers any voluntary or involuntary assignments, or attachment, Ilen, or levy is made of or attached to the Equipment, or in the event Borrower otherwise fails to adhere to the terms and conditions of this Agreement. Borrower may terminate this Agreement at any time by giving 30 days prior written notice to Ford. Upon termination by either party, Borrower shall make all Equipment immediately available for return to Ford. The obligations and rights provided in Paragraphs 3, 10, 14 and 15 shall survive termination of this Agreement. 13. Assignment. Borrower is expressly prohibited from assigning this Agreement or delegating performance of any of its obligations hereunder without the prior written consent of Ford. Ford shall not be prohibited from selling, assigning, transferring or otherwise encumbering any interest or right hereunder with respect to the Equipment. Nothing contained herein shall be interpreted as releasing Borrower from any of Its obligations as specified In this Agreement. 14. Publicity. Neither party hereto shall identify the other party as a joint venturer or partner or otherwise characterize the arrangement between them as anything other than a bailment. Borrower shall not disclose or publicize to any third party: (a) any description of the Equipment; technical specifications or other information about the Equipment; (b) the nature or terms of this Agreement; or (c) the results of any testing, inspection or evaluation of the Equipment by Ford or Borrower without Ford's prior written consent. Borrower shall take the necessary steps to familiarize all appropriate employees of Borrower of its obligations under this Paragraph. Neither party shall use the other's name or logos, in whole or in part, for any purpose whatsoever, specifically including but not limited to any written, oral or pictorial endorsement, testimonial or advertisement, whether actual or Implied, without such other party's prior written approval. issue Date: January, 1992 Page 5 of 6 Revision Date: August, 1999 Path: w: logclogcctlpurch lbellment\VL &E.dot Dec 07 2005 10:25AM HP LRSERJET FAX 12/@6/2005 13:15 2397741667 COLLIER VSO Now 29 2005 t: IPM HP LRSERJET FAX p•1 P e62D 8 Contract d Request si 15. �. and NO Con�eet 'cal Darn• Ford shalt not be lcable for an any pr • rlsion hereof due to fire or otter casual labor difficult , y huIUre In performing e4 ' syond Ford's contrd, 8omower ry' y govex►�enentd restriction or any opera"' )I of lie business and the foss of uussee�fle e� E4G m t the ssarr wtiB�oc@„e critical to not have F naterial adverse 8%C( on its business. IN NO EVENT SHALL FORD BE 1"LE FQRANY LOSS ')F PROFITS, OTHER NT CONSEGUElAL DAMAGES OR INCONVENIENCE DUE TO EARLY TERMINATION OF THIS AGREEMENT', OR ANY THEFT, DAMAGE, FAILUr :'_ OF DELIVERY OR DEFECT OR FAILURE OF THE E�CI MET OR THE TIME CON: NED IN RECOVERING, REPAIRINC,� SERVICING OR REPLACING THE SAME. f e• 29=1 1lZLe This Agreement wal be lio+vOrne:d by and construed and Interpreted In ae:oprr,• toe with the taws of the State of Michigan. 17. 9MM c ilrteAn'ItenL WpIVer and Ngfte Poi ' nd me This Agreement constitutes the enlfra agreement behaeen the Y orty bs arnended, mod(tled tar suPPbrinented by a written amendment exec too by Faro f •i Bons har• nidw, WW ort to enforce any i�, Frovislan or condition hereof, or to exeroise any of rights hereunder. shell not bo constrund ae thereafler Waiving any such terms. provis ions, condttk -sex rfghb. In no event shRll any course of dealing, custom or 4is bade rnadiry� alien of Shelf b supple' ., ant any of the teats or prevlsfons contalned herein, Alt noticft ePeclfted or permuted herein shag b� n wrolrtp, matted postpaid U.S. man, orcourier service. With return receipt rpque>'sled, 1a, difio, ents ;I! A�cLlrft: The f011Owhg Attachments veteran -i: . To the extent that (If any) are �rpnr'aled into this Agreement by Agreer .yret, THISAGREEMFNTSHALLSUPEERSSEDETHEATTACHMENT .h aprovision of this Executlon of h' ) document (ndlcartees agreement with the terms slated above and acceptance of the Equipment In 61; ��d Condition, The p *non sipning for the Borrower warrants and represents chat he or she Is an oftitcer or tt of the Sorrovwr and Is authorized to execute this Agreement on lu behalf, IN WIT NE &t3 WHEREOF th... Parties hereto have caused this Agreement to be exe�at ted , by their authctriaed representative:. =s of the dab, first obese vaitten. COLLIER COU, TY VETERANS SERVICES Borrower By: Typed Name: f q uy Covis Trlie: QlAirmalp @os�irrl of Ccunty COnunlaioners Date: 1,211 3 to Borrorwr Addr, a: S3Q1 Tamlam! Tree dlfuJea. F� 11 Isbae Date: anuery,1992 RevlsbnDole: `M9ust, logo Peih ; 1, "46 Affm W. s r`_•41--R llpurch%bfHment%VL &E.dot 1tHirt><y ate_ - k - £tr`tpan ' s FORD MOTOR COMPANY By: ` Typed Name: Tom GI ham Tille: P r t I e! n t a Dale: IZAIXI,00-r page 6 of 6 �p r11Rr✓1 vii to joust k% )ftgal att:,.'ic .qtr FAI�r�� 4ea6ef� t"aty Atlmey 16E3' MEMORANDUM Date: December 14, 2005 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract 04 -3576, "Construction Manager At Risk for Courthouse Annex and Parking Garage ", Amendment #3 (Exhibit A -3) Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E3) approved by the Board of County Commissioners on Tuesday, December 13, 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 732 -2646 ext. 7240. Thank you. Enclosures (3) ITEM NO.: C ©TE RECEIVED: i � FILE NO.: 1-IN A1TO � r 16E3 - ROUTED TO: 0 PRC — 003 77 3 r'' 22 L � DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: -' December 13, 2005 To: Office of the County Attorney Attention: Robert Zachary From: Linda Jackson Best, Contract Specialist Purchasing Department, Extension 8990 Support Services Division Re: Contract 04 -3576, "Construction Manager At Risk for Courthouse Annex and Parking Garage", Amendment A -3. BACKGROUND OF REQUEST: The Board approved Amendment A -3 on Tuesday, December 13, 2005, Agenda Item 16.E.3. This is an amendment that Finance requested to ensure accurate accounting which ultimately saved a total of $12,500 to the Guaranteed Maximum Price. This item has not been previously submitted. ACTION REQUESTED: Please review and authorize the Amendment for Legal Sufficiency. OTHER COMMENTS: Upon execution of the Amendment, please have the documents forwarded to the BCC for signature. d� r 16E3 EXHIBIT A -3 Contract Amendment # 3 Contract No. 04 -3576 "Construction Manager At Risk for Courthouse Annex and Parking Garage" Amendment #1— Guaranteed Maximum Price (GMP) for the Parking Garage, and Amendment #2- Guaranteed Maximum Price (GMP) for the Courthouse Annex This amendment, dated, 3 , 2005 to the referenced agreement shall be by and between the parties to the original Agreement, Kraft Construction, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 04 -3576, "Construction Manager At Risk for Courthouse Annex and Parking Garage" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the "A3 -A" attached to this Amendment and incorporated herein by reference. Changes to the Contract: Article 2, Section 2.4, Construction Phase, Delete item 9 (a)(8), "Travel to and from his home office to the project site as the project requires." 2. Article 9- Cost of the Project — Add item 9.2 (23): "Cost for gas and oil expense for all personnel receiving vehicle allowance or personal vehicles utilized in the prosecution of the Work. Changes to the Amendments: 1. Amendment #1 Guaranteed Maximum Price for the Parking Garage, Reallocation of funds; Reallocation of funds in the amount of $32,666.00 from General Conditions to the Field Reimbursables. The new total for Field Reimbursables is increased from $287,481.00 to $320,147.00. General Conditions as reported in Attachment 1 a from Amendment #I will be reduced from $516,009.00 to $483,343.00. 2. Amendment #2 Guaranteed Maximum Price for the Courthouse Annex, Reallocation of funds: Reallocation of funds in the amount of $43,784.00 from General Conditions to the Field Reimbursables. The new total for Field Reimbursables is increased from $493,984.00 to $537,768.00. General Conditions as reported in Attachment la from Amendment 42 will be reduced from $832,811.00 to $789,027.00. 3. Reductions of Monthly Payments for Construction Phase Fee: The reallocations of funds referenced above in items 1 and 2 "Changes to Amendments ", will reduce the monthly Construction Phase Fee payments as stated below, and as per attached Exhibit "A3 -A" Amendment #l, Parking Garage: Eleven (11) monthly payments of $39,655.00 = $436,205.00 One (1) final payment $39,638.00 = $ 39.638.00 Total Payment for Construction Phase Fee $475,843.00 Amendment #2, Courthouse Annex: Fifteen (15) monthly payments of $49,001.00= $735,015.00 One (1) final payment $49,012.00 = $ 49,012.00 Total Payment for Construction Phase Fee $784,027.00 16 €3 4. Project Executive's Time: The Project Executive's time will be reduced on both Amendment #1 and Amendment #2 to fourteen (14) weeks, split equally between the Parking Garage and Courthouse Annex, seven (7) weeks each, reducing the cost of the Guaranteed Maximum Price (GMP) for both Amendment #1 and Amendment #2 as follows and as per attached Exhibit "A3 -A ". Amendment #1, Parking Garage: Original: $16,539,700.00 Less Direct Material Purchase: ( 5,699,557.00) Decrease In Project Executive Time ( 7,500.00) Revised GMP $10,832,643.00 Amendment #2, Courthouse Annex: Original: $20,646,000.00 Decrease in Project Executive Time ( 5 000.00) Revised GMP $20,641,000.00 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. ATTEST: Corporatecretary/Witness tt By: /'�.P Dated: I) ATTEST: Dom' lxt ock, Glekk Dates. Approved as to form and Legal sy: Robert �Z.ary Assistant County Attorney CONTRACTOR raft Construction, Inc. Title: 44- 0/10= .Ow.49 -� Dated: // /- O.5 OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FrelcdfW.�C—Ao y I e Chairm 16E340- Exhibit A3 -A Contract Amendment A -3 Contract 04 -3576, "Construction Manager At Risk for Courthouse Annex and Parking Garage Funds to be moved: Amendment #1 Parking Deck Amendment #2 Courthouse Annex General Direct General Direct Item No. Description Conditions Cost Conditions Cost 310.17 Gas & Oil Expense 510.00 Temporary Utilities 75 Temporary Holding Tank 95 Drinking Water & Ice 520.10 Job Trailers 10 Trailer: office rental 21 Trailer: office delivery 22 Trailer: block/level 23 Trailer: unblock 26 Trailer: office removal 36 Trailer: stairs & rail 520.17 Office Equipment Rental 140 Office Equip: furnishings /person 160 Office Equip: fax machine 165 Office Equip: copy machine 180 Office Equip: refrigerator 190 Office Equip: typewriter 520.20 UPS & Fast Mail 730.3 Tools & Equipment (Small Tools) Total (5,591.00) 5,591.00 (9,755.00) 9,755.00 (2,400.00) 2,400.00 (3,200.00) 3,200.00 (1,200.00) 1,200.00 (1,600.00) 1,600.00 (5,400.00) 5,400.00 (7,200.00) 7,200.00 (255.00) 255.00 (256.00) 256.00 (1,320.00) 1,320.00 (1,320.00) 1,320.00 (120.00) 120.00 (113.00) 113.00 (750.00) 750.00 (750.00) 750.00 (3,750.00) 3,750.00 (3,750.00) 3,750.00 (600.00) 600.00 (800.00) 800.00 (300.00) 300.00 (400.00) 400.00 (1,920.00) 1,920.00 (2,560.00) 2,560.00 (360.00) 360.00 (480.00) 480.00 (300.00) 300.00 (400.00) 400.00 (2,400.00) 2,400.00 (3,200.00) 3,200.00 (6,000.00) 6,000.00 (8,000.00) 8,000.00 (32,666.00) 32,666.00 (43,784.00) 43,784.00 Revised Payment Breakdown for Construction Phase Fee: 11 payments @ 39,655.00 436,205.00 15 payments @ 49,001.00 735,015.00 1 final payment @ 39,638.00 39,638.00 1 final payment @ 49,012.00 49,012.00 Total Payment for Construction Phase Fee 475,843.00 784,027.00 Parking Deck Annex Building Field Reimbursables 287,481.00 493,984.00 43,784.00 Reallocation from General Conditions 32,666.00 Revised Field Reimbursable Total 320,147.00 537,768.00 Reduction of Project Executive time to 14 weeks for contract and split equally between the two projects. Current number of weeks 10 weeks 9 weeks 7 weeks Revised number of weeks 7 weeks Current Construction Phase Fee 516,009.00 832,811.00 (43,784.00 Total Funds Moved to Direct Cost Reduction of Project Exec Time (32,666.00) (7,500.00) 3 wks 5,000.00) 2 wks Total 475,843.00 784,027.00 A reduction to the Guaranteed Maximum Price for both projects will be made to recognize the adjustment to the Project Executive's time as detailed above: Current GMP Decrease from Direct Material Purchases Decrease in Project Executive's Time Revised GMP 16,539,700.00 (5,699,557.00) (7,500.00) 10,832,643.00 20,646,000.00 (5,000.00) 20,641,000.00 16F3 MEMORANDUM DATE: December 14, 2005 TO: Kelsey Ward, Contract Admin. Mgr. Purchasing Department FROM: Michelle Morales Minutes and Records RE: Agreement: "Subscription Agreement- Grants Locator" Contractor: eCivis, Inc. Enclosed please find three (3) original contracts, as referenced above `(Agenda Item #16F3), which was approved by the Board of County Commissioners on Tuesday, December 13, 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 ext.7240 Thank you. Enclosures (3) 6F3 ITEM NO.: DA�� ;r ,I�E� D. FILE NO.: l.'C)UNTY ATTORNEY ROUTED TO: 05-- P C - 00378 2005 DEC 13 PM 1. 21 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 13, 2005 To: Office of the County Attorney Attention: Robert Zachary From: Kelsey Ward, Contract Administration Manager er 1X � A Purchasing Department, Extension 8949 Support Services Division Re: Agreement: "Subscription Agreement- Grants Locator" Contractor: eCivis, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on December 13, 2005; Agenda Item 16(F)3. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, the vendor agreed to all of our requested contract 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: Marlene Foord, Administrative Services C- C- 12- r -z — f L/ , eCivis GRANTS LOCATOR SUBSCRIPTION AGREEMENT Between eCivis, Inc., a Delaware corporation ( "eCivis ") Address: 150 E. Colorado Boulevard, Suite 215 Pasadena, CA 91105 Phone: (877) 232 -4847 Sales Contact: Carl Stough 6 F3 Date 12/13/2005 Contract No. 10729 Customer Name, type of entity, and jurisdiction: Collier County, FL Address: Collier County 3301 Tamiami Trail Naples, FL 34112 Phone: (239)774 -8999 Principal Contact and Master Access Holder: Fred W. Coyle, Chairman, Board of CountyCommissinnerc This Agreement provides for eCivis to grant access to your Access Holders, on a password- restricted basis, through the Internet, the following products for the following fees ("Fees"): ✓ Grants Locator software and database: Federal, Florida & Foundation Version Grants Locator for Unlimited Access Holders for 3 years (Includes Community Based Option) • Term: Date of Signing to December 31, 2008(the "Termination Date ") • Year 1: Payment- $33,750 due December 31, 2005 • Year 2: Payment- $34,762 due December 31, 2006 • Year 3: Payment - $35,805 due December 31, 2007 • Toll Free Customer support (877 -2 eCivis) and web- based Grants Locator training included ✓ 10 "Improving Your Grant Skills Series" Courses This Agreement, including the Terms and Conditions is the complete and exclusive statement of the agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. eCivis, Karl T. Rectanus Vice President eCivis, Inc. ATTEST: :1gr�t1� M Approved As `I OIT and Legal Sufficiet ttorney a Collier Coun By: tN Fred W Cole Print Name Chairman Print Title Date TERMS AND CONDITIONS 16F3 « ,� 1. General. You means the single end -user organization executing this Agreement. "Access Holder" means each individual that is an employee of your organization that uses Grants Locator. If the Community Based Organization and /or Library option is purchased, then an "Access Holder" also includes an approved employee of the selected group. "Grants Locator" means the most current version of the online grants database libraries. eCivis reserves the right to discontinue Grants Locator at any time by giving written notice to you. 2. License. eCivis grants you, subject to this Agreement, a nonexclusive, nontransferable right and license. 1. To permit each allowed Access Holder to access Grants Locator through the Internet. 2. To create printouts, download and store in electronic form, and re- purpose Grants Locator for internal use in connection with your normal business activities. You may not engage in such activity if it is for commercial sale, redistribution, broadcast or transfer of such materials. You agree not to rent, lease, sublicense, distribute, or transfer any information to entities or people outside your organization. You agree to take all reasonable steps to protect Grants Locator from unauthorized access, copying, or use. If people or entities outside your organization use your usernames to access Grants Locator, eCivis reserves the right to terminate this contract. 3. Passwords. You agree to assume sole responsibility for the security of your passwords. 4. Help Desk. eCivis maintains a help desk from 9 AM to 5 PM Pacific Time capable of providing technical assistance for Grants Locator. eCivis does not hold itself out as a professional expert and advisor regarding your computer or information needs. 5. Your Responsibilities. You are responsible for determining whether the Grants Locator will achieve the results you desire; You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions in Grants Locator. To the extent permitted by Florida Law, You agree to indemnify and hold eCivis, its managers, members, officers, employees, harmless from and against any loss, claims, demands, expenses, or liability of whatever nature or kind of you or any third parties arising out of your use of Grants Locator. 6. Term. The initial term of this Agreement shall commence on the date set forth above and ends on the Termination Date. 7. Fees. eCivis will charge, and you agree to pay, the Fees. Full payment shall be made to eCivis in compliance with Section 218.70 Fla. Stats., otherwise known as the "Florida Prompt Payment Act." Cancellation of any subscription will not result in any refund or credit of fees already paid and any additional payments remain due according to pre - determined terms. Subscription fees are charged up -front and no refunds or credits will be given upon cancellation. Additional fees may apply if you decide to re- subscribe at a later date. 8. Changes. eCivis reserves the right to change its fees and any other terms and conditions, at any time, effective upon publication. These changes will NOT affect any existing contract Term. 9. Proprietary Protection. eCivis is the sole owner of Grants Locator and any associated intellectual property rights. eCivis claims U.S. and foreign copyright ownership with respect to Grants Locator. You agree not to remove any copyright notices from printouts of Grants Locator. 10. Indemnification. If a third party claims that Grants Locator or your use of Grants Locator pursuant to this Agreement infringes any U.S. patent, copyright, or trade secret, eCivis will defend you and all Access Holders against such claim at eCivis' expense and pay all damages that a court finally awards, provided that 164:13 notify eCivis in writing of the claim, and allow eCivis to control, and cooperate with eCivis in, the defense or any related settlement negotiations. If such a claim is made or appears possible, eCivis may, at its option, secure for you the right to continue to use the Product, modify or replace the Product with equivalent information so they are noninfringing, or, if neither of the foregoing options is available in eCivis' sole judgment, terminate this Agreement by paying you a credit equal to the portion of previously paid fees and charges allocable to the remaining term of this Agreement. THIS PARAGRAPH STATES eCIVIS' ENTIRE OBLIGATION WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. 11. Limitations. eCivis shall employ due care and attention in obtaining and maintaining Grants Locator. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, you agree that the Grants Locator is provided "as is "; eCivis makes no representation or warranty with respect to their accuracy, completeness, and eCivis specifically disclaims any other warranty, express, implied, or statutory, including, any warranty of merchantability or fitness for a particular purpose. eCivis shall not be liable because of any such errors, omissions, delays, or losses, including data losses and corruption, unless caused by eCivis' gross negligence or willful misconduct. You further agree that in no event will the total aggregate liability of eCivis for any claims, losses, or damages arising under this agreement and services performed hereunder, whether in contract or tort, including negligence, exceed the total amount paid by you to eCivis during the preceding twelve -month period, even if eCivis has been advised of the possibility of such potential claim, loss, or damage. You acknowledge that eCivis is not a consulting firm or a grant - writing firm. You agree always to read the full original grant notice provided. You acknowledge that eCivis does not warrant that use of the Grants Locator will result in any grant acquisition. You acknowledge that Grants Locator may not include all potential data. Specifically, eCivis makes no warranty that Grants Locator has all grants that the federal or a state government may have available. 12. Default. Should you fail to pay Fees due hereunder or fail to carry out any other obligation under this Agreement or any other agreement with eCivis, eCivis may, at its option, in addition to other available remedies, terminate this Agreement provided that it first gives you fifteen (15) days' prior notice to permit you to cure your default. eCivis reserves the right, with or without notice, to suspend access to or use of any Product in the event of any delinquency or default. eCivis may elect, in eCivis' sole discretion, after delinquency, to terminate all personal information and settings associated with an Access Holder. Such information and settings will be unrecoverable after such termination. 13. Force Majeure. eCivis shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of eCivis; equipment, or telecommunications failure; labor dispute; or failure of any third party to perform any agreement with eCivis that adversely affects eCivis' ability to perform its obligations hereunder. 14. Governing Law. Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida as it applies to a contract made and performed in such state. 15. "Most Favored Client ". Consultant agrees to treat Client as a most - favored client and specifically agrees that all prices, terms, warranties and benefits granted to Client are, and will remain, comparable to or better than equivalent terms having been offered, or to be offered to any other prospective client during the term of this Agreement. 16. 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. * * * * * * ** End of Terms and Conditions * * * * * * ** 16F4 MEMORANDUM Date: December 14, 2005 To: Mary Ann Cole, Emergency Management From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Reinstate and Modify Department Contract Number: 05DS- 2N- 09 -21 -01 -022. Enclosed please find four (4) original documents, as referenced above, (Agenda Item #16F4), approved by the Board of County Commissioners on Tuesday, December 13, 2005. Please forward to the appropriate party for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at ext. 7240. Thank you. Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPJ 6 F 4"" 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 .„_ _•____._,_ -I ------- a......, - I ;-- ft.... —k ­,f;­ nnpe $1 thrnnah $d complete the checklist_ and forward to Sue Filson (line #5). exception of the Chumuati s W< LIMU —, Route to Addressee(s) Office Initials Date List in routing order appropriate. Agenda Item Number Applicable)_ Approved by the BCC 12 -13 -05 16F 1. signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original 2. I Modification to Grant Agreement Documents Attached 4 originals resolutions, etc. signed by the County Attorney's Office and signature pages from 3." contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 4. 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 5. Sue Filson, Executive Manager Board of C my Commissioners document or the final negotiated contract date whichever is applicable. 6. Minutes and Re rds tderk of Court's Office RETURN ALL 4 COPIES TO EMERGENCY MANAGMENT 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 nem.) Name of Primary Staff Contact MARY ANN COLE Phone Number 774 -8000 Agenda Date Item was appropriate. Agenda Item Number Applicable)_ Approved by the BCC 12 -13 -05 16F Type of Document signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original Attached I Modification to Grant Agreement Documents Attached 4 originals INSTRUCTIONS & CHECKLIST l: 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 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 1.1 It ' (enter date) and all changes made during the meeting have been incorporated in the attached document. The 4c,/ County Attorney's Office has reviewed the changes, if applicable. 1• l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Contract Number: 05DS -2N -09 -2116 2F CFDA Number: 97.004 MODIFICATION #2 TO GRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ( "the Department "), and Collier County ( "the Recipient @) to reinstate and to modify the Department's Contract Number 05DS- 2N- 09 -21 -01 -022, dated J my 27, 2004 ( "the agreement "). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub grant of $202,647 to Recipient; and WHEREAS, the Agreement expired on November 30, 2005; and WHEREAS, the Department and the Recipient desire to reinstate the Agreement and to modify the Agreement by extending it and by amending the Scope of Work. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: The Agreement is hereby reinstated as though it had not expired. 2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration date for the Agreement of March 31, 2006. Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the contract. Any requests received after April 30, 2006, may, in the discretion of the Department, not be reimbursed from this Agreement. 3. The Scope of Work, Attachment A to this Agreement, is hereby amended, and the Revised Attachment A, Scope of Work, Ill. Reporting Requirements to this Modification, which is attached hereto and incorporated herein by reference, is added. This Scope of Work contains the revised reporting periods and requirements. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTE T: Dwight, .3r^ 'k ik BY: Y ✓ NAME &TITLE: ,Chairman + erk DATE: Approv F—t Form ate.- L-6q-al ,Sufciency Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: NAME & TITLE: W. Craig Fugate Director of the Division of Emergency Management DATE. 16F4 Revised Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness (ODP) Fiscal Year 2004/2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Homeland Strategy. Eligible activities are outlined in the Scope of Work for each category below. I. Categories 7. EMERGENCY OPERATIONS CENTER (EOC) ENHANCEMENTS 1. Eligible Activities a. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) EOC Assessment using the Homeland Security Comprehensive Assessment Model (HLS CAM) 2) Assess the EOC for Security and Operational deficiencies 3) This assessment is to be performed by trained representatives from the Regional Domestic Security Task Force (RDSTF) b. Purchase Equipment based on the EOC Assessment 1) For a detailed list of ODP approved physical security equipment, visit http://floridadisaster.org/DEMprograms.htm 2) Allowable equipment purchase include, but are not limited to, the following: a) Call Notification Systems b) EOC Software c) Physical Security Equipment d) Video Conferencing Capabilities compatible with the Homeland Security system e) Video Downlink Receivers 3) Items purchased must be consistent with State guidance. 2. Report Project Items a. Completed EOC Assessment b. List of equipment purchased including the cost of each item 3. EOC Enhancements Programmatic Point of Contact Specific programmatic questions pertaining to the EOC Enhancements portion of this contract should be addressed to: Chuck Hagan 850 - 410 -1263 Charles. haganCcDdca.state.fl.us s 6. LOCAL PLANNING 1. Eligible Activities 16F4 Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Continuity of Operations (COOP) Planning Expand the Scope of an existing COOP utilizing the County COOP crosswalk (this document is available for download at http:// floridadisaster .org /DEMprograms.htm), for example: 1) Information Technology, Agencies /Jurisdictions Identified within local CEMP 2) Integration of Plans a) National Response Plan (NRP) b) National Incident Management Plan (NIMS) `The adoption of NIMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance. 3) Protocols, Procedures to Implement COOP If the County elects to provide funding from this agreement to other jurisdictions, the County is responsible for reviewing and approving these jurisdictions' COOP(s) using the criteria in the County COOP crosswalk. b. Terrorism Incident Response Annex Expand the Scope of existing County Terrorism Incident Response Annexes using the criteria in the Terrorism Annex crosswalk (this document is available for download at.http://floridadisaster.org/DEMprograms.htm), for example: 1) National Incident Management System (NIMS) `The adoption of NIMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance. 2) National Response Plan (NRP) 3) Integration of Documents (Local Standard Operating Procedures and /or Standard Operating Guidelines integrated, updated) c. Integration of Local Plans and Standard Operating Guidelines to Support Regional Planning 1) Integrate local domestic security capabilities and enhancements into the Regional Domestic Security Task Force ( RDSTF) Planning Process and Mutual Aid 2) Consistent with RDSTF Template d. County Comprehensive Emergency Management Plan (CEMP) Enhance County CEMP to reflect the following, while utilizing the CEMP crosswalk (this document is available for download at http: / /floridadisaster .org /DEMprograms.htm): 1) Homeland Security Assumptions and Updates (NIMS,. NRP, State CEMP) 2) Integration with Municipal, Regional and State Domestic Security Procedures 3) Reflect the Enhancement of Local /Regional Capabilities (Equipment, Training, Domestic Security Teams, and Exercises) r 6 F e. Conduct Vulnerability Assessments 1) Utilizing the Homeland Security Comprehensive Assessment Model (HLS CAM), identify critical infrastructure protection projects 2) Identify Capabilities /Shortfalls /Capacity in coordination with the RDSTF f. Additional Eligible Costs 1) Hiring of full or part-time staff or contractors /consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel) 2) Conferences to facilitate activities listed above 3) Materials required to conduct activities listed above 4) Travel /per diem related to above activities 2. Report Proiect Items Draft plans must be submitted no later than one month prior to the contract's end date for the Division of Emergency Management's review and approval (a draft is not necessary for vulnerability assessments). For the CEMP, COOP plans and Terrorism Annexes, a completed crosswalk must be submitted with drafts and final documents. a. Continuity of Operations (COOP) Planning 1) Copy of sub - contract, if applicable 2) If the County has contracted with a Municipality, provide a copy of an approval letter for the Municipality COOP plan(s) 3) Final Continuity of Operations Plan submitted with completed crosswalk b. Terrorism Incident Response Annex Final Terrorism Incident Response Annex submitted with a completed crosswalk c. County Comprehensive Emergency Management Plan (CEMP) 1) Submit a completed crosswalk 2) Provide DEM with the CEMP's updated sections d. Vulnerability Assessments 1) List of completed assessment 2) Copy of vulnerability report 3. Planning Programmatic Point of Contact Specific programmatic questions pertaining to the Planning portion of this contract should be addressed to: Farrah Gosford 850 - 413 -9896 farrah. gosfordCcDdca. state. fl. us CA 57. LOCAL AND REGIONAL EXERCISES 1. Eligible Activities 16F4 a. Exercises conducted with ODP grant funds must be managed and executed in accordance with ODP's Homeland Security Exercise and Evaluation Program ( HSEEP). These manuals are located online at http : / /www,oep.usdoj_gov /odp /docs /hseep.htm and at http:// floridadisaster .org /DEMprograms.htm. b. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) Types of Exercises a) Tabletop Exercises (Multi - Disciplinary) b) Functional Exercises (Multi - Disciplinary) c) Full Field Exercises (Multi - Disciplinary) $ Exercise Continuity of Operations (COOP) plan(s) $ Exercise the National Incident Management System (NIMS) plan $ Executive Level Exercises $ Exercise the Integrated Communication and Information Technology $ Exercise Terrorism Incident Response Annex 2) Additional Eligible Costs a) Implementation of the HSEEP b) Hiring of full or part-time staff or contractors /consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel). c) Conferences to facilitate activities listed above d) Supplies /Materials required to conduct activities listed above e) Travel /per diem related to above activities f) Overtime /Backfill Costs g) Other Items — Rental of Space /Locations for exercise planning, exercise signs, badges, etc. 2. Report Project Items a. Provide a copy of the sub - contract, if applicable. b. Prior to the exercise, provide DEM with exercise plans. c. Completed Roster d. After Action Reports must be provided to DEM within 30 days following the completion of each exercise conducted. 3. Exercise Programmatic Point of Contact Specific programmatic questions pertaining to the Exercise portion of this contract should be addressed to: Connie Nunn 850 - 413 -9877 Connie. nun n0D- dca.state.fl.us hd4 8. ALL DISCIPLINE TRAINING 1. Eligible Activities 16F4 Training to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Disciplines Selected for Training 1) Law Enforcement 2) Fire /Rescue 3) Emergency Medical Services (EMS) 4) Emergency Management (EM) 5) Public Safety Communications (911) 6) Private Sector 7) Public Works (Note: Training for specialized teams and health /hospitals is being funded from other sources.) b. Types of Training All non -ODP training courses must receive prior approval through the State Administrative Agency (Division of Emergency Management) who will seek concurrence from the Department of Homeland Security. A complete listing of ODP approved courses is located online at http: / /www. ono. usdoj. qov /odp /docs /coursecatalog.pdf. For more information or training, visit http:// floridadisaster .orq /DEMprograms.htm. 1) Positional and Advanced Incident Command System (ICS) 2) National Incident Management System (NIMS) 3) Field Operations Guide (FOG) 4) Train - the - Trainer 5) Mutual Aid /Deployment 6) All ODP or other Federally Approved Courses 7) Protect Critical Infrastructure Initiative (PCII) 8) Regional Domestic Security Task Force (RDSTF) Response Procedures 9) Homeland Security Community Assessment Model (HLS CAM) 10) Homeland Security Exercise and Evaluation Program (HSEEP) 11) Continuity of Operations (COOP) c. Additional Eligible Training Costs 1) Travel /Per Diem 2) Training Materials /Supplies 3) Instructor Fees 4) Rental of Space /Locations 5) Overtime /Backfill 2. Report Proiect Items a. Copy of Agenda b. Provide the number of students trained, per component; the course name and level c. Course curriculum, if course is not a federally approved course 3. Training Programmatic Point of Contact Specific programmatic questions pertaining to the Training portion of this contract should be addressed to: Rupert Dennis 850 -413 -0260 16F4 Rupert. den nisG.D_dca.state.fl. us II. Unauthorized Expenditures Unauthorized program expenditures are applicable to each selected activity ( -ies) and include: A. Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.) B. General -use computers and related equipment C. General -use vehicles D. Licensing fees E. Weapons systems and ammunition F. Activities unrelated to the completion and implementation of the State Homeland Security Program (SHSP) G. Construction or renovation of facilities H. Recurring Costs III. Reporting Requirements Reporting requirements are applicable to each selected activity ( -ies) A. Programmatic Reporting: The Financial History ReportlStatus Report must be filed on a monthly basis and is due within 15 days after the end of the reporting period for the life of this contract. These reports must be filed whether or not a reimbursement is requested. If a report(s) is delinquent, future financial reimbursements will be withheld until the reporting is current. THESE MONTHLY REPORTS MUST INCLUDE: 1. Detailed explanation of activities completed and progress made on project 2. Currently anticipated contract completion date 3. Detailed accounting of funds expended and encumbered during reporting time period, even if reimbursement is not currently being claimed 4. Details on any known or anticipated delays in project's progress The Close -out Report is due to FDEM no later than 60 days after the contract is either completed or expired. 1. Reporting Schedule Reporting Period Report due to DEM no later than Monthly 15 days beyond the month due 2. Financial History Report/Status Report may be mailed to: Dianne Smith, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 B. Report Project Items — As applicable to selected activity ( -ies) Contract Number: 06DS- 2N- 09 -21 -01 -022 CFDA Number: 97.004 MODIFICATION #2 TO GRANT AGREEMENT 16F4 This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ( "the Department'), and Collier County ( "the Recipient @) to reinstate and to modify the Department's Contract Number 05DS- 2N- 09 -21 -01 -022, dated J my 27, 2004 ( "the agreement'). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub grant of $202,647 to Recipient; and WHEREAS, the Agreement expired on November 30, 2005; and WHEREAS, the Department and the Recipient desire to reinstate the Agreement and to modify the Agreement by extending it and by amending the Scope of Work. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: The Agreement is hereby reinstated as though it had not expired. 2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration date for the Agreement of March 31, 2006. Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the contract. Any requests received after April 30, 2006, may, in the discretion of the Department, not be reimbursed from this Agreement. 3. The Scope of Work, Attachment A to this Agreement, is hereby amended, and the Revised Attachment A, Scope of Work, III. Reporting Requirements to this Modification, which is attached hereto and incorporated herein by reference, is added. This Scope of Work contains the revised reporting periods and requirements. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. ATTE T: DV0 tF I1 Li By: — ____ -- >�1 owl , 0*1M RECIPIENT: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS C, BY: W NAME & TITLE: Chairman DATE: ? `,, �tl,5utpciency i Assistant County Attorney STATE OF FLORIDA QfiPARTMENT OF r.6MMUNITY AFFAIRS BY: NAME & TITLE: W Craig Fugate Director of the Division of Emergency Management DATE: I_ (f 16F4 Revised Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness (ODP) Fiscal Year 2004/2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Homeland Strategy. Eligible activities are outlined in the Scope of Work for each category below. I. Categories 7. EMERGENCY OPERATIONS CENTER (EOC) ENHANCEMENTS 1. Eligible Activities a. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) EOC Assessment using the Homeland Security Comprehensive Assessment Model (HLS CAM) 2) Assess the EOC for Security and Operational deficiencies 3) This assessment is to be performed by trained representatives from the Regional Domestic Security Task Force (RDSTF) b. Purchase Equipment based on the EOC Assessment 1) For a detailed list of ODP approved physical security equipment, visit http://floridadisaster.or.q/DEMpro,qrams.htm 2) Allowable equipment purchase include, but are not limited to, the following: a) Call Notification Systems b) EOC Software c) Physical Security Equipment d) Video Conferencing Capabilities compatible with the Homeland Security system e) Video Downlink Receivers 3) Items purchased must be consistent with State guidance. 2. Report Project Items a. Completed EOC Assessment b. List of equipment purchased including the cost of each item 3. EOC Enhancements Programmatic Point of Contact Specific programmatic questions pertaining to the EOC Enhancements portion of this contract should be addressed to: Chuck Hagan 850 -410 -1263 Charles. hagan(a)-dca. state. fl. us 6. LOCAL PLANNING 1. Eligible Activities 16F4 Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Continuity of Operations (COOP) Planning Expand the Scope of an existing COOP utilizing the County COOP crosswalk (this document is available for download at http: // floridadisaster .org /DEMprograms.htm), for example: 1) Information Technology, Agencies /Jurisdictions Identified within local CEMP 2) Integration of Plans a) National Response Plan (NRP) b) National Incident Management Plan (NIMS) *The adoption of NIMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance. 3) Protocols, Procedures to Implement COOP If the County elects to provide funding from this agreement to other jurisdictions, the County is responsible for reviewing and approving these jurisdictions' COOP(s) using the criteria in the County COOP crosswalk. b. Terrorism Incident Response Annex Expand the Scope of existing County Terrorism Incident Response Annexes using the criteria in the Terrorism Annex crosswalk (this document is available for download at http: // floridadisaster .org /DEMprograms.htm), for example: 1) National Incident Management System (NIMS) "The adoption of NIMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance. 2) National Response Plan (NRP) 3) Integration of Documents (Local Standard Operating Procedures and/or Standard Operating Guidelines integrated, updated) c. Integration of Local Plans and Standard Operating Guidelines to Support Regional Planning 1) Integrate local domestic security capabilities and enhancements into the Regional Domestic Security Task Force ( RDSTF) Planning Process and Mutual Aid 2) Consistent with RDSTF Template d. County Comprehensive Emergency Management Plan (CEMP) Enhance County CEMP to reflect the following, while utilizing the CEMP crosswalk (this document is available for download at http://floridadisaster.org/DEMprograms.htm): 1) Homeland Security Assumptions and Updates (NIMS, NRP, State CEMP) 2) Integration with Municipal, Regional and State Domestic Security Procedures 3) Reflect the Enhancement of Local /Regional Capabilities (Equipment, Training, Domestic Security Teams, and Exercises) 16f4 e. Conduct Vulnerability Assessments 1) Utilizing the Homeland Security Comprehensive Assessment Model (HLS CAM), identify critical infrastructure protection projects 2) Identify Capabilities /Shortfalls /Capacity in coordination with the RDSTF f. Additional Eliqible Costs 1) Hiring of full or part-time staff or contractors /consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel) 2) Conferences to facilitate activities listed above 3) Materials required to conduct activities listed above 4) Travel /per diem related to above activities 2. Report Project Items Draft plans must be submitted no later than one month prior to the contract's end date for the Division of Emergency Management's review and approval (a draft is not necessary for vulnerability assessments). For the CEMP, COOP plans and Terrorism Annexes, a completed crosswalk must be submitted with drafts and final documents. a. Continuity of Operations (COOP) Planning 1) Copy of sub - contract, if applicable 2) If the County has contracted with a Municipality, provide a copy of an approval letter for the Municipality COOP plan(s) 3) Final Continuity of Operations Plan submitted with completed crosswalk b. Terrorism Incident Response Annex Final Terrorism Incident Response Annex submitted with a completed crosswalk c. County Comprehensive Emergency Management Plan (CEMP) 1) Submit a completed crosswalk 2) Provide DEM with the CEMP's updated sections d. Vulnerability Assessments 1) List of completed assessment 2) Copy of vulnerability report 3. Planninq Programmatic Point of Contact Specific programmatic questions pertaining to the Planning portion of this contract should be addressed to: Farrah Gosford 850 -413 -9896 farrah.gosford(c _ dca. state. f1. us 16F4 57. LOCAL AND REGIONAL EXERCISES 1. Eligible Activities a. Exercises conducted with ODP grant funds must be managed and executed in accordance with ODP's Homeland Security Exercise and Evaluation Program ( HSEEP). These manuals are located online at hftp://www.o4p..usdo'.qov/odp/docs/hseep.htm and at hftp://floridadisaster.org/DEMprograms.htm. b. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) Types of Exercises a) Tabletop Exercises (Multi - Disciplinary) b) Functional Exercises (Multi - Disciplinary) c) Full Field Exercises (Multi - Disciplinary) $ Exercise Continuity of Operations (COOP) plan(s) $ Exercise the National Incident Management System (NIMS) plan $ Executive Level Exercises $ Exercise the Integrated Communication and Information Technology $ Exercise Terrorism Incident Response Annex 2) Additional Eligible Costs a) Implementation of the HSEEP b) Hiring of full or part-time staff or contractors /consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel). c) Conferences to facilitate activities listed above d) Supplies /Materials required to conduct activities listed above e) Travel /per diem related to above activities f) Overtime /Backfill Costs g) Other Items — Rental of Space /Locations for exercise planning, exercise signs, badges, etc. 2. Report Project Items a. Provide a copy of the sub - contract, if applicable. b. Prior to the exercise, provide DEM with exercise plans. c. Completed Roster d. After Action Reports must be provided to DEM within 30 days following the completion of each exercise conducted. 3. Exercise Programmatic Point of Contact Specific programmatic questions pertaining to the Exercise portion of this contract should be addressed to: Connie Nunn 850 -413 -9877 Connie. nunn(a7dca.state.fl.us 8. ALL DISCIPLINE TRAINING 1. Eliaible Activities 16F4 Training to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Disciplines Selected for Training 1) Law Enforcement 2) Fire /Rescue 3) Emergency Medical Services (EMS) 4) Emergency Management (EM) 5) Public Safety Communications (911) 6) Private Sector 7) Public Works (Note: Training for specialized teams and health /hospitals is being funded from other sources.) b. Types of Training All non -ODP training courses must receive prior approval through the State Administrative Agency (Division of Emergency Management) who will seek concurrence from the Department of Homeland Security. A complete listing of ODP approved courses is located online at http://www.omP.usdoi.gov/odP/docs/coursecatalog.pd . For more information on training, visit http:// floridadisaster .org /DEMprograms.htm. 1) Positional and Advanced Incident Command System (ICS) 2) National Incident Management System (NIMS) 3) Field Operations Guide (FOG) 4) Train - the - Trainer 5) Mutual Aid /Deployment 6) All ODP or other Federally Approved Courses 7) Protect Critical Infrastructure Initiative (PCII) 8) Regional Domestic Security Task Force (RDSTF) Response Procedures 9) Homeland Security Community Assessment Model (HLS CAM) 10) Homeland Security Exercise and Evaluation Program (HSEEP) 11) Continuity of Operations (COOP) c. Additional Eligible Training Costs 1) Travel /Per Diem 2) Training Materials /Supplies 3) Instructor Fees 4) Rental of Space /Locations 5) Overtime /Backfill 2. Report Project Items a. Copy of Agenda b. Provide the number of students trained, per component; the course name and level c. Course curriculum, if course is not a federally approved course 3. Training Proarammatic Point of Contact Specific programmatic questions pertaining to the Training portion of this contract should be addressed to: Rupert Dennis 850 -413 -0260 Rupert den nis (),dca.state.fl.us II. Unauthorized Expenditures 16F4 Unauthorized program expenditures are applicable to each selected activity ( -ies) and include: A. Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.) B. General -use computers and related equipment C. General -use vehicles D. Licensing fees E. Weapons systems and ammunition F. Activities unrelated to the completion and implementation of the State Homeland Security Program (SHSP) G. Construction or renovation of facilities H. Recurring Costs III. Reporting Requirements Reporting requirements are applicable to each selected activity ( -ies) A. Programmatic Reporting: The Financial History Report/Status Report must be filed on a monthly basis and is due within 15 days after the end of the reporting period for the life of this contract. These reports must be filed whether or not a reimbursement is requested. If a report(s) is delinquent, future financial reimbursements will be withheld until the reporting is current. THESE MONTHLY REPORTS MUST INCLUDE: 1. Detailed explanation of activities completed and progress made on project 2. Currently anticipated contract completion date 3. Detailed accounting of funds expended and encumbered during reporting time period, even if reimbursement is not currently being claimed 4. Details on any known or anticipated delays in project's progress The Close -out Report is due to FDEM no later than 60 days after the contract is either completed or expired. 1. Reporting Schedule Reporting Period Report due to DEM no later than Monthly 15 days beyond the month due 2. Financial History Report/Status Report may be mailed to: Dianne Smith, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 B. Report Project Items — As applicable to selected activity ( -ies) 16F5 MEMORANDUM Date: December 14, 2005 To: Mary Ann Cole, Emergency Management From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -422: The National Response Plan Enclosed please find two (2) certified copies, of the referenced above, (Agenda Item #16F5), approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please contact me at ext. 7240. Thank you. Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIJ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6F5 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 exception of the Chairman's signature draw aline through routing lines #1 through #4_ complete the „hewcct ..,,1 f ...,.._a _ _ ,. Route to Addressee(s) (List in routing order) -- ' - -- -'-- ^-- ••�•, ..••u Office � Ju W G i'IIJVII tI IIIC iF�). . wu Initials 1. Date 1. � .- 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 from 2. w contracts, agreements, etc. that have been fully executed by all parties except the BCC 3. f 2. All handwritten strike- through and revisions have been initialed by the County Attorney's 4. "Z 5. Sue Filson, Executive Manager Board of County Commissioners X Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 6. Minutes and Records EMERGENCY MANAGEMENT IF THERE IS A CHARGE, BILL Clerk of Court's Office NEEDS 2 OFFICAL COPIES OF 001 - 144210- 651210 THANK YOU RESOLUTION document or the final negotiated contract date whichever is applicable. C_ 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 MARY ANN COLE 774 -8000 Agenda Date Item was Agenda Item Number _ Approved b the BCC 12/13/05 16F Type of Document Number of Original Attached RESOLUTION Documents Attached 1 INSTRUCTInNC ,e rruvrrrr rem 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 -- - - -- •..� w a Xxa 1%11 111J11J 1 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 from pages 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. C_ 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 I ('S (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 a licable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F5"" RESOLUTION NO. 422 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND ADOPTING THE NATIONAL RESPONSE PLAN, AND APPROVING AND MANDATING THAT COLLIER COUNTY SHALL USE THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS COLLIER COUNTY'S BASIS FOR ALL INCIDENT MANAGEMENT IN COLLIER COUNTY, AS SPECIFIED IN PRESIDENT GEORGE W. BUSH'S HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSDP -5, DATED FEBRUARY 28, 2003 WHEREAS, in the context of INF Requirement Section 201.6(c)(5), the Board of County Commissioners of Collier County, Florida is the applicable authorized "Local Government Body "; and WHEREAS, In President George W. Bush's Homeland Security Directive (HSPD) -5, he directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), to provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners have been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all federal, state, local and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources has improved, and shall continue to facilitate, the Collier County's ability to utilize federal and state funding, to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are and shall continue to be an integral part of various incident management activities throughout Collier County, including all public safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks (9 -11 Commission) has recommended adoption of a Standardized Incident Command System, and that the Secretary of Homeland Security develop and administer a National Response Plan (NRP), which Plan, using the NIMS, shall with regard to response to domestic incidents, provide the structure and mechanisms for national level policy and operational direction for Federal support to State and local incident managers and for exercising direct Federal authorities and responses, as appropriate. NOW, THEREFORE, the Board of County Commissioners of Collier County Florida hereby: 1. Approves and adopts a continuing policy that the National Incident Management System shall be utilized by Collier County for all incident management in Collier County in the context of President George W. Bush's Homeland Security Directive (HSPD) -5, dated February 28, 2003, a copy of which (consisting of five pages) is attached hereto and is incorporated herein; and 2. This policy shall continue until such time, if any, that this policy is amended or terminated by future Resolution(s) of the Board of County Commissioners; and 3. This Resolution shall become effective upon adoption. 16F5 ADOPTED this r� day of 6 o c o >i, 2005 after motion, second and majority vote favoring adoption. ATTEST: DWIGHT E. BROC ,Clerk `. k By. "14 ' / At Approw- ed " ;"form ;I s and legaj- safki&ency Thomas Assistant Co d y Atrom BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Homeland Security Presidential Directive /HSPD -5 uent Georcte V. Bush Homeland Security Presidential Directive /HSPD -5 Subject: Management of Domestic Incidents Purpose Page l of 5 16F5 For Immediate Release Office of the Press Secretary February 28, 2003 (1) To enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system. Definitions (2) In this directive: (a) the term "Secretary" means the Secretary of Homeland Security. (b) the term "Federal departments and agencies" means those executive departments enumerated in 5 U.S.C. 101, together with the Department of Homeland Security; independent establishments as defined by 5 U.S.C. 104(1); government corporations as defined by 5 U.S.C. 103(1); and the United States Postal Service. (c) the terms "State," "local," and the "United States" when it is used in a geographical sense, have the same meanings as used in the Homeland Security Act of 2002, Public Law 107 -296. Policy (3) To prevent, prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies, the United States Government shall establish a single, compre- hensive approach to domestic incident management. The objective of the United States Government is to ensure that all levels of government across the Nation have the capability to work efficiently and effectively together, using a national approach to domestic incident management. In these efforts, with regard to domestic incidents, the United States Government treats crisis management and consequence management as a single, integrated function, rather than as two separate functions. (4) The Secretary of Homeland Security is the principal Federal official for domestic incident management. Pursuant to the Homeland Security Act of 2002, the Secretary is responsible for coordinating Federal operations within the United States to prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies. The Secretary shall coordinate the Federal Government's resources utilized in response to or recovery from terrorist attacks, major disasters, or other emergencies if and when any one of the following four conditions applies: (1) a Federal department or agency acting under its own authority has requested the assistance of the Secretary; (2) the resources of State and local authorities are overwhelmed and Federal assistance has been requested by the appropriate State and local authorities; (3) more than one Federal department or agency has become substantially involved in responding to the incident; or (4) the Secretary has been directed to assume responsibility for managing the domestic incident by the President. (5) Nothing in this directive alters, or impedes the ability to carry out, the authorities of Federal departments and agencies to perform their responsibilities under law. All Federal departments and agencies shall cooperate with the Secretary in the Secretary's domestic incident management role. (6) The Federal Government recognizes the roles and responsibilities of State and local authorities in domestic incident management. Initial responsibility for managing domestic incidents generally falls on State and local authorities. The Federal Homeland Security Presidential Directive /HSPD -5 a e 2 of.5 16 Government will assist State and local authorities when their resources are overwhelmed, or when Federal interests are involved. The Secretary will coordinate with State and local governments to ensure adequate planning, equipment, training, and exercise activities. The Secretary will also provide assistance to State and local governments to develop all- hazards plans and capabilities, including those of greatest importance to the security of the United States, and will ensure that State, local, and Federal plans are compatible. i 7) The Federal Government recognizes the role that the private and nongovernmental sectors play in preventing, preparing for, responding to, and recovering from terrorist attacks, major disasters, and other emergencies. The Secretary will coordinate with the private and nongovernmental sectors to ensure adequate planning, equipment, training, and exercise activities and to promote partnerships to address incident management capabilities. (8) The Attorney General has lead responsibility for criminal investigations of terrorist acts or terrorist threats by individuals or groups inside the United States, or directed at United States citizens or institutions abroad, where such acts are within the Federal riminal jurisdiction of the United States, as well as for related intelligence collection activities within the United States, subject to the National Security Act of 1947 and other applicable law, Executive Order 12333, and Attorney General- approved procedures pursuant to that Executive Order. Generally acting through the Federal Bureau of Investigation, the Attorney General, in cooperation with other Federal departments and agencies engaged in activities to protect our national security, shall also coordinate the activities of the other members of the law enforcement community to detect, prevent, preempt, and disrupt terrorist attacks against the United States. Following a terrorist threat or an actual incident that falls within the criminal jurisdiction of the United States, the full capabilities of the United States shall be dedicated, consistent with United States law and with activities of ether Federal departments and agencies to protect our national security, to assisting the Attorney General to identify the perpetrators and bring them to justice. The Attorney General and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. t 9) Nothing in this directive impairs or otherwise affects the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President as Commander in Chief, to the Secretary of Defense, to the command-3r of military forces, or military command and control procedures. The Secretary of Defense shall provide military support to civil authorities for domestic incidents as directed by the President or when consistent with military readiness and appropriate under the circumstances and the law. The Secretary of Defense shall retain command of military forces providing civil support The Secretary of Defense and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. (10) The Secretary of State has the responsibility, consistent with other United States Government activities to protect our national security, to coordinate international activities related to the prevention, preparation, response, and recovery from a domestic incident, and for the protection of United States citizens and United States interests overseas. The Secretary of State and the Secretary shall establish appropriate relationships and mechanisms for cooperation and coordination between their two departments. 1 !l The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs shall be responsible for interagency policy coordination on domestic and international incident management, respectively, as directed by :he President The Assistant to the President for Homeland Security and the Assistant to the President for National Security Affairs :hail work together to ensure that the United States domestic and international incident management efforts are seamlessly ,1n!ted �) The Secretary shall ensure that, as appropriate, information related to domestic incidents is gathered and provided to the )colic, the private sector, State and local authorities, Federal departments and agencies, and, generally through the Assistant to resident for Homeland Security, to the President. The Secretary shall provide standardized, quantitative reports to the ,!slant to the President for Homeland Security on the readiness and preparedness of the Nation -- at all levels of government -- .o pre,.,ent. prepare for, respond to, and recover from domestic incidents. 1: 1 Nothing in this directive shall be construed to grant to any Assistant to the President any authority to issue orders to Federal departments and agencies, their officers, or their employees. Tasking 14) The heads of all Federal departments and agencies are directed to provide their full and prompt cooperation, resources, and support as appropriate and consistent with their own responsibilities for protecting our national security, to the Secretary, the Attome general. the Secretary of Defense, and the Secretary of State in the exercise of the individual leadership responsibilities Homeland Security Presidential Directive /HSPD -5 and missions assigned in paragraphs (4), (8), (9), and (10), respectively, above. Page 3 of 5 16F5 (15) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi- agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. (16) The Secretary shall develop, submit for review to the Homeland Security Council, and administer a National Response Plan (NRP). The Secretary shall consult with appropriate Assistants to the President (including the Assistant to the President for Economic Policy) and the Director of the Office of Science and Technology Policy, and other such Federal officials as may be appropriate, in developing and implementing the NRP. This plan shall integrate Federal Government domestic prevention, preparedness, response, and recovery plans into one all- discipline, all- hazards plan. The NRP shall be unclassified. If certain operational aspects require classification, they shall be included in classified annexes to the NRP. (a) The NRP, using the NIMS, shall, with regard to response to domestic incidents, provide the structure and mechanisms for national level policy and operational direction for Federal support to State and local incident managers and for exercising direct Federal authorities and responsibilities, as appropriate. (b) The NRP will include protocols for operating under different threats or threat levels; incorporation of existing Federal emergency and incident management plans (with appropriate modifications and revisions) as either integrated components of the NRP or as supporting operational plans; and additional opera - tional plans or annexes, as appropriate, including public affairs and intergovernmental communications. (c) The NRP will include a consistent approach to reporting incidents, providing assessments, and making recommendations to the President, the Secretary, and the Homeland Security Council. (d) The NRP will include rigorous requirements for continuous improvements from testing, exercising, experience with incidents, and new information and technologies. (17) The Secretary shall: (a) By April 1, 2003, (1) develop and publish an initial version of the NRP, in consultation with other Federal departments and agencies; and (2) provide the Assistant to the President for Homeland Security with a plan for full development and implementation of the NRP. (b) By June 1, 2003, (1) in consultation with Federal departments and agencies and with State and local governments, develop a national system of standards, guidelines, and protocols to implement the NIMS; and (2) establish a mechanism for ensuring ongoing management and maintenance of the NIMS, including regular consultation with other Federal departments and agencies and with State and local governments. (c) By September 1, 2003, in consultation with Federal departments and agencies and the Assistant to the President for Homeland Security, review existing authorities and regulations and prepare recommendations for the President on revisions necessary to implement fully the NRP. (18) The heads of Federal departments and agencies shall adopt the NIMS within their departments and agencies and shall provide support and assistance to the Secretary in the development and maintenance of the NIMS. All Federal departments and agencies will use the NIMS in their domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation activities, as well as those actions taken in support of State or local entities. The heads of Federal departments and agencies shall participate in the NRP, shall assist and support the Secretary in the development and maintenance of the NRP, and shall participate in and use domestic incident reporting systems and protocols established by the Secretary. (19) The head of each Federal department and agency shall: Homeland Security Presidential Directive /HSPD -5 (a) By June 1, 2003, make initial revisions to existing plans in accordance with the initial version of the NRP Page 4 of 5 ],6F5 "' (b) By August 1, 2003, submit a plan to adopt and implement the NIMS to the Secretary and the Assistant to the President for Homeland Security. The Assistant to the President for Homeland Security shall advise the President on whether such plans effectively implement the NIMS. (20) Beginning in Fiscal Year 2005, Federal departments and agencies shall make adoption of the NIMS a requirement, to the extent permitted by law, for providing Federal preparedness assistance through grants, contracts, or other activities. The Secretary shall develop standards and guidelines for determining whether a State or local entity has adopted the NIMS. Technical and Conforming Amendments to National Security Presidential Directive -1 (NSPD -1) (21) NSPD -1 ( "Organization of the National Security Council System ") is amended by replacing the fifth sentence of the third paragraph on the first page with the following: "The Attorney General, the Secretary of Homeland Security, and the Director of the Office of Management and Budget shall be invited to attend meetings pertaining to their responsibilities. ". Technical and Conforming Amendments to National Security Presidential Directive -8 (NSPD -8) (22) NSPD -8 ( "National Director and Deputy National Security Advisor for Combating Terrorism ") is amended by striking "and the Office of Homeland Security," on page 4, and inserting "the Department of Homeland Security, and the Homeland Security Council" in lieu thereof. Technical and Conforming Amendments to Homeland Security Presidential Directive -2 (HSPD -2) (23) HSPD -2 ( "Combating Terrorism Through Immigration Policies ") is amended as follows: (a) striking "the Commissioner of the Immigration and Naturalization Service (INS)" in the second sentence of the second paragraph in section 1, and inserting "the Secretary of Homeland Security" in lieu thereof ; (b) striking "the INS," in the third paragraph in section 1, and inserting "the Department of Homeland Security" in lieu thereof; (c) inserting ", the Secretary of Homeland Security," after "The Attorney General" in the fourth paragraph in section 1; (d) inserting the Secretary of Homeland Security," after "the Attorney General" in the fifth paragraph in section 1; (e) striking "the INS and the Customs Service" in the first sentence of the first paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (f) striking "Customs and INS" in the first sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (g) striking "the two agencies" in the second sentence of the second paragraph of section 2, and inserting "the Department of Homeland Security" in lieu thereof; (h) striking "the Secretary of the Treasury" wherever it appears in section 2, and inserting "the Secretary of Homeland Security" in lieu thereof; (i) inserting the Secretary of Homeland Security," after "The Secretary of State" wherever the latter appears in section 3; 0) inserting the Department of Homeland Security," after "the Department of State," in the second sentence in the third paragraph in section 3; (k) inserting "the Secretary of Homeland Security," after "the Secretary of State," in the first sentence of the fifth paragraph of section 3: Homeland Security Presidential Directive /HSPD -5 Page�5 of 5 dcur' in lieu inserting "Department of Ho� 5 and +�1. (I) striking INS in the first sentence of the sixth paragraph of section 3, a g p thereof; (m) striking "the Treasury" wherever it appears in section 4 and inserting "Homeland Security" in lieu thereof; (n) inserting ", the Secretary of Homeland Security," after "the Attorney General" in the first sentence in section 5; and (o) inserting ", Homeland Security" after "State" in the first sentence of section 6. Technical and Conforming Amendments to Homeland Security Presidential Directive -3 (HSPD -3) (24) The Homeland Security Act of 2002 assigned the responsibility for administering the Homeland Security Advisory System to the Secretary of Homeland Security. Accordingly, HSPD -3 of March 11, 2002 ( "Homeland Security Advisory System ") is amended as follows: (a) replacing the third sentence of the second paragraph entitled "Homeland Security Advisory System" with "Except in exigent circumstances, the Secretary of Homeland Security shall seek the views of the Attorney General, and any other federal agency heads the Secretary deems appropriate, including other members of the Homeland Security Council, on the Threat Condition to be assigned." (b) inserting "At the request of the Secretary of Homeland Security, the Department of Justice shall permit and facilitate the use of delivery systems administered or managed by the Department of Justice for the purposes of delivering threat information pursuant to the Homeland Security Advisory System." as a new paragraph after the fifth paragraph of the section entitled "Homeland Security Advisory System." (c) inserting ", the Secretary of Homeland Security" after "The Director of Central Intelligence" in the first sentence of the seventh paragraph of the section entitled "Homeland Security Advisory System ". (d) striking "Attorney General" wherever it appears (except in the sentences referred to in subsections (a) and (c) above), and inserting "the Secretary of Homeland Security" in lieu thereof; and (e) striking the section entitled "Comment and Review Periods." GEORGE W. BUSH ORIGINAL DOCUMENTS CHECKLIST & R1 U S P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SF�T( THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG NAT 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 signauurr lino rtraw a no ti--h I: - -- a, .t__.__- - • - - - •- ••�- Route to Addressee(s) (List in routing order • .. ......0 R, ",.VU I ffy, cum lece me cneexust, and Office torward to Sue Filson Initials (line #5). Date 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 2. 12/13/05 Agenda Item Number 16F8 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4, Heider K.e b ,- f o Z "C Assistant County Attorney Number of Original 12/ 05 20 5. Sue Filson, Executive Manager I 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 Gail Hambright Phone Number 403 -2384 Contact appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was 12/13/05 Agenda Item Number 16F8 A roved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Work Order #CPE- FT -06 -06 Number of Original One (1) Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached 1N .9TR1jCT1nN.Q Rr Pnrt -WT rem 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) 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 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 December 13, 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 16F8 IS' MEMORANDUM Date: December 28, 2005 To: Gail Hambright Tourism Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Work Order #CPE- FT -06 -06 Attached, find please find one certified copy of the original document as referenced above, (Agenda Item #16F8), as approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you have any questions, please call 774 -8406. Thank you, Attachments (1) i r 6F8 WORK ORDER # CPE- FT -06 -06 Agreement for Fixed Term Professional Engineering Services Dated November 13, 2001 (Contract #01 -3271) This Work Order is for professional engineering services for work known as Design County /Naples Beach Renourishment Project No 905271 (195) To provide construction phase engineering support and surveying for a not-to- exceed, time and material price of $225,000 for the City of Naples /County Beach Re- nourishment Project No 905271 The work is specified in the proposal dated October 10, 2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # CPE- FT -06 -06 is assigned to Coastal Planning & Engineering (Firm Name) Scope of Work: Task I — Construction Phase Services Task II — Post- Construction Survey Aerial Photography and Report Schedule of Work: Complete work within 180 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (List all Tasks) TOTAL FEE $135,074.00 $ 89,926.00 $225,000.00 N Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: 14 eA 44 %� C Gay McAlpin, Coastal Project Manager REVIEWED B REVEIWED BY: ACCEPTED BY: y county Manager Thomas J Campbell President Type or Print Name and Title /2 -i2 -0 5 Date }Date Date Date 11/29/05 Date 6F8 . ACCEPTED BY: luck , Chairma Date Collier County Board of County Commissioners DWIGHT E B Approved as to form and Legal Sufficiency: DeO ►O stant 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 13, 2005 1. FOR BOARD ACTION: A. No items for board action. 2.. 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 30, 2005 — November 5, 2005. -,(2) November 6, 2005 — November 12, 2005. 4 ) November 13, 2005 — November 19, 2005. B. Districts: 0(1) Cedar Hammock Community Development District: Agenda and Minutes of July 11, 2005; Proposed Operating and Debt Service Budget for Fiscal Year 2006. ,(2) Quarry Community Development District: Agenda and Minutes of August 8, 2005; Proposed Operating and Debt Service Budget for Fiscal Year 2006. V('3) South Florida Water Management District: Letter regarding Application No: 040702 -9 (Logan Blvd. Extension); Notice of Public Meeting "Lake Okeechobee Operations" on November 30, 2005; Correction to Location of Public Hearing on December 14, 2005; Notice of Meeting Change (2006 Florida Forever Work Plan). C. Minutes: ,/0) Collier County Contractors' Licensinq Board: Agenda of October 31, ,• 2005. J(2) Collier County Airport Authority: Minutes of September 12, 2005. J(3) Ochopee Fire Control District Advisory Board: Minutes of June 20, 2005. H:\DATA\Me1anie \2005 MISCELLANEOUS CORRESPONDENCE\December 13, 2005 Mis C.doc -('4) Pelican Bay Services Division: Agenda of November 9, 2005; Agenda of October 5, 2005; Minutes of October 5, 2005. _,,(a) Clam Bay Sub - Committee: Agenda of November 9,2005; Agenda of September 7, 2005. _X5) Radio Road Beautificatio MSTU: Minutes of October 18, 2005; Agenda of November 15, 2005; Agenda of October 18, 2005; Minutes of September 20, 2005:• --(6) Productivity Committee: Minutes of September 21, 2005. (a) Operational Efficiency and Effectiveness Study Subcommittee: Minutes of September 14, 2005. ��- b) Employee Benefits Subcommittee: Minutes of September 27 20 N •5. Collier County Planning Commission: Revised Agenda of November 3, 2005; Agenda of November 3, 2005; Minutes of September 21, 2005. /(8) Immokalee Beautification MSTU Advisory Committee: Agenda of November 16, 2005; Minutes of October 19, 2005 (No quorum). V(9 ) Collier County Historic and Archaeological Preservation Board: Agenda of ,! October 19, 2005; Minutes of September 21, 2005. /(10) Bayshore /Gateway Triangle Local Redevelopment Advisory Board: Agenda of October 4, 2005. D. Other: October 5, 2005 Letter to Guy L. Carlton, Collier County Tax Collector, from Chairman Coyle regarding receipt of Errors and Insolvencies Report. (2) October 11, 2005 Letter to Chairman Coyle from Guy L. Carlton, Collier County Tax Collector, regarding the 2005 - 2006 Budget Amendment. (3) October 19, 2005 Letter from Guy L. Carlton, Collier County Tax Collector, regarding the 2004 -2005 Final Annual Budget Amendment. H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\December 13, 2005 Mis C.doc 10Ig A Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11105105 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 30, 2005 through November 5, 2005. In accordance with Florida Statutes, Chapter 136.06(l) 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. corms: Date: la �---- Item #: I L„ T A C1� Copies to: 1612 A: �. 0 u o a Ln O O N a w - w a n� c x a cn a a a o a a a w QU)� H wCO W� �a�j U) D C� a RH. Cl) £.F z m N -.v i.. C N �' w w w m Cl) G' O o m m a s V1 w a H a x m E+ a a o a a H Q " o ro m m v a a w a a E w a a H w x w a w a m a m> v v m m �, w H z£> a z z w a a m u w w H �a U U z u o Q a m x m s, > �4 �j ro u a U n H w z w a a W w G: w W W m rA [-. N v 0 .0 E m H i7 z w w m a> Q Q u Q u£ H x z rx a z w g m q u v v w w a m z H a m w m w Q L4 4-4 H w a F w w H H F H o o a O a o H z w o z O } ?, c u a w r z � a f)4 w r4' w w z m m H 0 a a w 4 a o �4 o > o o z o a m z w CO w Q O ab b £ a m H m w a W '7 o U Q CO P, a : z z w cn. a z U x m u m w u w v> w u w U Q H aw ow a o w w o w s H H a z o z w N w H H ro v> b r y u a H z re u u o a a x a u a n a Q a n a z H Q s4 CO x w x c m o a F4 a a a a a H a > o x U u o a w a H w m H ro a H > u o o Cl) m z > o w w Q z H Q z z 6 8 R ro 8 U x w 8 +i zw >mUQ w a0ax0 a X41 v vx o n uo xz Q� p a W U A H a w w. H E, o w . H 3 m- r w a. m v m rO w v .H w.. w< a Q w a w J4 £z CwQ oxE w�aoo N s4 O .j FCFC HQ o Q U z u Q �.: M a' b U] v m � fd u a w W c .O a W Q w b O u H H o x z H W �w x Q w £ o x v H z w s4 o Q £ H Q U �a Co 7 .7 a a H z H a a w a a a az W £ w w u a H H w m lx o < O 3 F m El -H i4 m w z O -1 z O 3 m x �� O > U w a m u ¢222 FC Ft C FC FC S C OO a �M O O m. O lD N M' O a r r. O'N H O' O ll'1 O O. H 10. O m O O N.H. N'O r O O M Lf1 fD Ln M ON O O N O O M l0 N r Ltl O O M m O N H r O H O O M ..n. O m O m N f0 V' O Ol O O lD N O O Ln m X Lf1 'H 'O In In O m r N m 'r m ifl M V' 01 to tD N N �0 O r d' m t11 r O N v N. M N H f' M r. l0 rl 1p H :'H H .. M m w m ..lp In m O M H N. Ln rN'1 W x F; Q a a Q a Q a Q Q Q a Q Q Q Q Q a Q a Q a Q g Q Q Q Q Q a Q Q Q Q Q Q Q ca a Q a Q Q Q ro �. Q 7 O ] �. O Q :� 0 :� Q :: ] Q�D �D n 0:D Q�D Q] O�D O cA <i W. LO :W M Ln ui W w w m Ln Ln ui to m w u, w o m Ln m m x m ui ui fn W Ln ur QR o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �4 0 0 0 0 0 0 o o 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 0 0 0 0 0 0 o �: fG H H '-i N N N N N N N N N N NN NN N N N N N N N N' N fV N H H H'-1 H H HH H H H ri H H O O O P H r-1 H "wH m '01' O "H H N M df lf7 1p r m Ol O H N M -t In w r m. m O' H (Y M lf1 L0. r m 01 w H r r m Cq N N N N N N N. N N M M M M M M t+l M f-`l M d' cT 1'. 1' V' d' d' d' d' W In In m tf1 Ln lfl tP Ln to N ty�. C'. ST d' cl" V' V� v W' V' d' d' df. d� d' 'd'. 0 O O OO O O O O O O O 0 O O O O O O O O O O 0 0 0 0 0 0 O O 01. iii Ol Oi Q1 T Q� 0� 01 01 T Q� O� 0? Ol O� 01 Q1 Ol Ol 01 p1 Ol 01 O� 61 m O, oT m m m m O '0 0 0 0 0 O. O o 0 O O 0 0 0 0 O. -.O O 'O 0 0 O. O O O O O O O' O O O O. 0 0 0 O. 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 O O O O O O O 0 0 0 0 O O a O O O O O O O O O O O 0 0 0 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 0. O O 0 0 O O O O O O O O O O O O O O O O O O ._a o 0. o o. o 0 0 o 0 0 o 0 0 o o o o o a o o o n oo oo. o -0 0 0 0 0. oo. oo 0 0 r- 124 N N N N N N N N N N N NN N N N N N N N N N ry N N N N N N N N N N N N N:N. N ry N N NN H a 0 Z �n \ w H 6: G y, v 8 � N v r m 01 O H N M Ln t0 r N M W If1 r m 01 O H N M v to w r, m m O H N rl W ln.. d' d�. d' 4' d' W. m Ln Ul. ul In m Ln. In In �O kp. �O �0 1p �D �D �U 1p �6. r r r r' r 1^. O to C ,�,' ,�' yj U N N N N N N NN N N N N N N N'N N N NN. N N NN NN N N N N NN NN N N NN i(1,: M -M M M M M M M M M MM M M M M MM M M M i!1 M M M M M M MM M.M M.M M M M M M M e? M M. U N H H H H H H H H H H H H H H H H H H H H H li O U . r h r r r n H r r :-1 Q m QQ h r rt O CU H r n H H r r H z U ........... . w V o ] 1 Ln O O CN ri .. N f4 1 \ v t N N x U U E Uo 7 Cr) U w U N G ro a E m° z v 1612 A a: ti n : s s i' Q � a 4 a a W a Ga a co ° C [.4 cn m w N N Ga. >! E a ,a � 04 H a a s m W w m H H H a w ku m O aw m w F 2 V z w H z ri O . a s w m O x �a U'Ira aH az 7z z m m U] O > h z z w o m a w F u W a a a w a a w m w z a Cc) �.. q W U7 'w7., a. z w o - m w F w Z U' z a z z FC a w Qx w m ` a n z x n s a a u z a z w E z m w w O H a m H Zi a W H U W m u �n �7 w F, w z H y a z z w a w v U w\ a a z w m x o m a Q x o re c� H o H z m o w o z 1 N u z w z m H u m x z w z 2 m m H La a u- w a a : d! m ., w o u w o a w a c.7 F U fk W. H o N W as F m£ z 3 m 0: a a: W RC m x: H 3. a N a C~s, m C7 w z a U i H d w] H H a v H S a N N A a a U m a m a ro cal m a z o m g o z w z F a a C7 H a W 'Z z W 0 FC a n >C 1 m W W W U W U H H O X H x x m H z x m H W w a a x m z w a H 3 q w z o w W z a w un cc '4 H z CH W tm xx yj H aWa ,n2 > y1�. mWm �7 a U . w O �D paa; rUp . a 16 FC �jH a a O U W 7 . z H 0 a Q m: FG FG H a rA x a a w x w El © H . a FC u z. 3 o O m Q a z w m o w 04 u w q a o y � O O C m H O O f a H a H E+ HH H O o a V H z A.: x F 3 w iQ Qcq �. Q w roro m w a°o °m °w °uv° c°� ° u °. °u u A Q O O O N O' N 'b O N. lD M O 'O H O O' O m N Ln -y. O r. m '.O Ln M' M 'N. 01 0. O r' O O' N h. 10 m O '.im M.: m' O O O W O O O O 0 r-1 iN O O M O O O r lD O N O m O ri N m. LD O m �D O O O O N Ld r m O r .; .. w: m m l0 O O m. Ln rl m O O: m O m Ln :Lfl r _� m 10 r M N N m Ln. .-i 'O M m. Lfl m M M LII O m- In O t+l M O 01 Ln m N O M W Ln r Ln y� N rl m r Ln N T r m r m 01 Ln 1p O 10 N 10 N N m N M r O m M M n O M • - M N N N 01 Lf1 r r rl O Si: Q Q g Q q q q q Q q Q q q Q q Q q Q q Cl g Q Q Q Q q Q Q q q q 4 Q q Q q Q q Q q Q L7 Q q m m m m Cl) m m m m m m m m m m m m m m n m m m m m m m m m m m m m m m Cl) Cl) m m m m m (n co �D 0 :D O ]. 0. ] 0. ro M Ln Ln m Ln : to m W m W m ui Ln u1 Ln Ln Ln uL Ln Ln Ln ui Ln Ln u1 Ln to Ln Lo 0 m m vi Ln to Ln Ln. Ln u) m to Ln ui O O O O O O. 0 0 0 0 0 O O O' O O. 0 0 0 0 0 0 0 0 O O O d O O O O O 0 . O '.O O O O 0 0 O O 0 0 O 0 0 0 0 0 0 0 0 0 0 CJ o 0 0 0 O O 0 O O O O o O b 0 0 0 O 0 O- O O 0 0 El rl rl r-1 ri Q 0 0 0 0 0 0 rl 0 Q: 0 H M J7: O .'tom O O 0 0 0 O. O O. O O' O 'O 0 0 c O "wi N M C Ln Lp r m m O N. N M In l0 r. :m m .0 rl N. M Lfl �. r :m. m O r-1 N M d+. LD h m m O .-1 li+ '� a0 LD LD \o LD r r h r r r r r: r r cD m m m m m co- m m m m m m m m m m m m 0 0 0 0 0 0 W d� d' d" 'C d' V' '�H d'. d' d� d! W W. d' d' d' 'C d' C d' sT " W <M O" d' d'. d' q C d' V'. d' V' 1p tP to Ln :ln Ln Lfi. o :oo 0 0 0 o o -0 0 0 0 o 0000 0 00 00 0 0000 00 0 0 00 0 0 o0 o0 00 m m m m m m. m -m m m m m m m m m m rn m m m m m m m m m m m m m m m m >QEIy o 0 00. 0 0 00 0.0 00 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 00 O O o b O O O o O 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 O O d O O O :0 O O O :O 0 0 0 O. O O 0 0 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 O O O O O O O m `.f:; O.O O'O. O O' 0 0 0 0 0 0 00 O 0 0..0 O. O O O O O O O. O D 0 0 0 d. O O. OO O'O' 0 o 00 oo' ti a m ; w r a Ln 10 r mm 0 0 i m U N i t H N W r r H N N H r N N N H i H r i H N ri r N CQ W U< r r r r r h r r r r r r r r r r r r r R r r r r r r r r r r r r r r r h r r r r r r r h � U H H .. a o � H £ r 0 0 N \ N C � � a m Ol N V U U E Uo C H �3 U) 8 � O N C ro v ro 14 O @ O W z U 1612 A CN 0 a w F14 a a w w w a cn a u w w a a H w m m a maw w w m a w a W a a w a m a w w w a N o a w a a W a a m a m w w o a£ c? w w z£ a s mz zwzQa ?a}F mz F U£ wz w m F z F a z a w c7 w u a u zy z£ a x a a a F a w w D n z w x w u m D a o 0 o w z u U m o w z a m a F a u u H w w° F w a o a w m a H ^7 w a x W a a w F F z U z a F w :: C7 �Q z a H a z m a m C7 W U a w m a s 11 z Q. z W F cn a s �-+ >+ > z a r.0 m rl i-+ U' W w ?+ z W a w m w > O z [/� z i7 a, QQ- �F u z fi m u) a° a 01 w w z o x a a£' a Q a a a w a �zz w z w u w h Fz f� W a Cl) z Za cn m z wa an a�i D: m o 8 w H U w n z F n o N W w w w m W m m£> D x z z z O w w w u a F u F m ae F F w m t a a a m w m u o E- N 04 H a F a m �+ z z W CO U a Z D o a a w w o: m a CQ F Q a W F G . 3 x W E+ �-+ £ w a a w a a 0 U a U W£ m Ei a z 0 H a m H m U a s o4 z F D E+ W �j O o a w w o w N a 0 z W W 7. a o m W W a H H. H..° a a' S x F U. w 2 RG F H o U g zz F w a b 0 3 F a a x a w 1-1 z W a z a S� a F W x w 0 W W m 3 a o v w o w z z a r r a A U t? W nt u a a �Z w 3 u F £ z w z w a o o a w z z a a M z [� r o D m x w w w a a w a z z F 1s m m z ' w r w W m cn C7 Q Q Q El F x' � 'LS z z. a Q u a z a rk � Q D z F a o z w U o u D D a x m m U s v w W El w H z z m o x� W:� W a. c m F w w Da. co o O o O a a W: El a ..7 a W O a a m N a [7 £ 3 :Q w£ m Q m E+ a 4 a a O O a' O O O O a a O O £ 7. z z Q Q Q w w w w w w w w w w w W w w w w w U> U c� U U U to x x x x x :M: '.::u:: O o o ' m m� 'O O 'O O N O o T 'N. r' m O. o m d! O H o O. O o o lD O. r 'N. o O' o .�. H O O. o O'. O o o r N m O O O O r M 01 'r m r N In m m r O LD H. o o In " 01 O to r. o lD o o o ff O O o o rn .. v N m o m m o o N H v ri -,N N 01 O M N N o -d, M m M N v H m m 0 0\ N p N 111 M r H r m m o m C O H N m 1D N 01 N r D O M N O In N H M N H r D O N H m m H H r r N U N D 0 H j..lt r-I M EQ Q Q: Q Q: Q CQ Q.:Q. Q Q Q Q Q Q' Q Q: Q Q Q Q: Q. Q m m cn En m cn m cn cn En m m cn U1 m m' m W. (n V] m m m w w m m co m m co m cn m U} m cn m cn (n m m cn.. Ln Ln w m �. m o 'n In v) In ln. In In w In In In u1 w. W u1 In L. W cn in to l,n In In �n W. m Lo 111 v1 m w In ut y: o 0 o o o_ o o o 0 o 0 0 0 -o o o o 0 o a o o o o o 0 o o 0 o o o 0 o 0 0 o n o 0 0 0 0 0 0 O O O o o o o O O o o a 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 F M c H o H o H o o H H H H H H H H H H H H H H H H H H O O O O O o 0 O. O O. .';W: O O O o 0 0 0 0 0 0 0 0. O O. 0 0 0 0 0 0 0 0 o a 1J m W 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 (y H i0 r m a1. O H. N M I 111 h m 0\ O H N -M N 1f1. LD r m a\ O H N M Ln lD r m Ot O H N M d' 111 tp r m a>. O O O o H m H H H rl H rl H H N N N N N m N N' N N M M M M M M M M M W m c)• y� W .. m u1.ln v1 In o o In In o c W o W o a In o v1. m Q W o u W. o o W o o In u1 o u1 �n In In In vi. u1 u1. u1. �n In m m m 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 o 0 0 0 0 0 0 0 0 0 a\ o 01 m 01 -01 01 Q 01 o o o o C 0 o o o o o o o o o 0 0 0 0 0 o o o o o 0 o o o a 0 o o o o o Q o o o o o o o o o o 0 0 o 0 0 o o o o o 0 o o o o o 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 OO o o O.O 0 0 0 0 0 0 0 0 O O O O O O O O O.O O O. O.O a O'.o o o o a o..o o 0 0 0 o o o 0 0 0 0 0 0 0 0 0 0 0 0 o. 0 0 0 0 0 o. 0 0 0. o 0 0 0 0 o o o o N N N N. N cV N N N N N N N N N N N N N N N (V N N N N N N N N N N N N N N N N N N N N N N z o r a z o \ Z o o H N t+1 W In l0 r m 01 o W 1n h m 01 O H N M d' in r m O1 O H N M W to m h m 01 O H N M C C U Ul H H H H H H H H H H H H. H H H H H H H H H H H m rt o H H H H H H H r1 H' H H H H H H H N H r1 H H' � U o ] 0 0 N N S-I Q \ N rtCC � � P ri S' B rn N S-i X U U E U o >, o C � 8 8 O ?1 v ai ro 0 P 0 W z U 1612 A 1 a a m o: w w w El u w w w a d a a m a w m w w m x m m 114 w w x w w a a £ w w a x a a a d u a d o a H F a d o w x d d w a wa z a d� z a F w U >+ Q a W w x a m w w d a � m m a a 44 a d w w o Q u m>1 o a w z m w a a x a a a a w a u d - o m w m W d W .7 a a M a w a a z m P. Q °x 0 u u w F w z 04 a z z o u F a z a a z a° z w z z a w o a m H H os C�5 m m Fz w ei �a Ri a!� d a m H u a p ¢t W N O a a o z w z d H A z H w x m x a �Z w U cG g w a a o d u F x d dz o a z 2 A x o m F a a q m w] o w o o x U o v H > z w rX H o: a m a m w H m H a a W co o - m a H F o u w o c� w a z F a W H U a a O .7. 3 '.�" w d w d �-+ d m X U. w U w z 0 U 0 r.� H H W -w H C4 W d 'z W z R: z H H W a x C7 GJ W w Q m rl 4k Q i-+ m£ C7 w a a z H z z z w O O. Q cn >. a. C2 H W m ]C z a m U d Cx. F a Q W W .r77 t-+ 2Hz ti H O x a'. W w F Qa >+ F O H �C F 4 .. x m E2 a N N Rl m H m Q z m w Q g w H aw U 0 0 O a a a a o H w z 2 F w o a w z w tn o W O rs' W F U m z O O O O .7 7, W [L' O O w W w W W w W u W W w O w. U a�a a a:U W '7-'..a H x:V F:�7 ?� z a:3 O 3 `� aaH OU W a:a W X iKV W iai Iai a Ck i7 Q HF.Q Q jai Pai F PI na' H : oa � UX 44 x x u a s a x x X XW E E z z z � -Z z z z z z h h h h h h 'r M O 0..\D rl O O. U1' O. N O r m O U1 U1 O. Ifl O O. O m r w. N o m 'O 0' O. O 0 0 r lD O r O O O Ul M Ul 10 0 0, 0 N m r O> r 0 N 0 0 0 T rl -01 0 0 0- r o O N 01 O m LD ar O r r O N Ul 01 [r m Ol M N' O 'd' M r m �D Ul "I' zv 'o N w 111 r m O' r m. M :N ri: r r-I rl O r Ul 01 LO M M m Ul O m m 0 C N 't M r. ri 0 r m m iM O M N O V M d U m N r r M O M U D U N r r r M M m 01 4P U p r Q\ O r W U d A: Q A q :CS Q Cl Q Q Q A: Q Q q: A m Cl) m rll. m m m m m m m m m m m co m m m m m co . m m m m m m m co m m m m m m m m m m m m m m D D ]: DD A D D.D. DD D A D:D D D.. 77: ] D DD ]:Q: D D.:D A A D D x D..D DD. CQ .:: :: m w Ul Ul m W Ul t17. Ul Ul Ul m m M Ul Ln Ui ' 0 111 m m 4l Ul Ul Ul Ul U) Ul m U). ill Ul m UI m m m U1 U) m m m m Ul. 0 oo o0 0 0. o.0 0 0 0.0 0.0 0 0 0:0 00 0 0 0 0. 00 0 0 0 0 0 0 0 0 00 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 0 Q 0 0 c 0 0 0 0 0 0 0 rl rl ri rl N ri .-i ri rl rl r1 rl .-1 rl �-i rl �-1 ri rl .-1 ri rl rl rl .-1 rl rl O'O 0 0 0 "O.0 0 0 O. O 0 0 O O.'O O'O O'0 0 O' 0 0 0 O. 0 0 0'O O'O O.O O O O O' O O. O'O. O.O. O 0' 0 0 0 0 ,� U1 N r-. rl r-1 fi ri rl rl rl rl rl ri rl ri ri '-1 rl r� r�rl ri '-i .-1 ri ri rl � ri rl � ri ri ri ri r1 r-1 rl rl �-I � rl r1 .1 rl w N m d' Ul'. 1D r m m O .-1' N m. W In. 1D r. m. m O .-f. N M U Vl U1 0 m m U) 0 m 0 \D �� W 1D 'o D o D 0 r r r r r r r r r r m m m m m w m m m m m T Ol rn U1 .U1 Ul m m U1. Ul 'N Ul ..111 Ul U1 111 Ul U) Ul. 111 U1' U1 tn. Ul Ul 111 111. Ul '.Ul' 111..111 U) Ul Ul Ul lP U) Ul U1 Ul UI Ul Ul. Ul UI Ul Ul O.O 00 0 0 0 0 0 0 0 0 00 O O O O OO O O O O O O O O O O O O OO O O O O OD O O O O 01 m a\ m. Ol Ol Ol Ol Ol 01 Ot 01 01 01 Ol. ()\ 0\ 61 0� m m 0) m m m m 01 m a\ m m 01 m Ol m 01 m 01 m 01' m 01 m m 'O O O O O O O O O O' O O O O O 0 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 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 O 0 O 4. o O. O O' O. p 0 O. O O: O O o. 0 O Q 0 0. O O' O O O O 0 0 O' 0 0 O w r a 1qN ul X C z:: OS O N M W M l0 r m a) O ri N t*'] dM Ill 'D r m 01 O rl N e+t W M lD r m M O H N M d' U1 1D r , 1D AD lD 5D' 1D �o r r r 11 r r r C r c m m. m: m m m m m m: N: Q\ m m 41 m m m. m m 0 0 0 O 0 0 0 .0.. X X J.l U M m M M M M F: C U v t"1 M. m M f+l M M Mm M M M M M m m M M M m M M M M M M M M i+1 M M M r+l MM M M M.m M M ,-� ri rl H. ri rl ri. ,-( ri 'r-1 N 'H U rl r-i rl rl ri rl r1 ri rl N N N' ri rl r1 r1: ri N .-1 :N' rl N rl H rl ri ri ri rl 'r1 ri 'W QN M dU H U N H o ] H £ u 0 0 H .. N Sa Q \ N rtC? H y N x u U E O U o ?� o � H � N 8 � O r. W r O 0 O cQ z U 1612 A 1 b< >JfJ> w '> a X u w aw w a w a H o x a w w w W w W W [a+. m W y zz F to a W W a cn m w a a s w w a ca m ui m w w a a a u 7 w x a x n. �D F o °a a f-4 w w o o £ 7 N m E rqqr�� CQ z w W X w a w W u Q OH H a w w "F F W ' 61 �: [sF. r, F W F iQ U U W N F (fl. G+ U z H H a �-+ w U z w a z H a x p. RC a .4 m z U£ W w �-+ O W z a a w O- a r z H a a H o a F w w W H H m a w F a m S w W w w H a z o z c7 a w a U a W w H U x F F a w£ a W m 0 3 x w z a FC F W W a¢ w U o o a a 0 z w m << a w Q a t7 w? m w a w w o d F a [n z WU m a w m a a w Z u N [y7 V] 5° z m : 'f0 U U a a ur a O F Q m o O £ m0 W x W Q a w> 7 ( a W x (7 v K H w !b a W F z fk £ a O m W F H Q H U fk a W W W w. z Cx+ Q .7 7., z U: W r Q Q7 W E+ �Q H z Q O w F W z 0 Cl. rr+ z z Ol z H W z H w W W U F�D> ;H d a W O w z m m a W [?. F F a:. z w W W H W fx w 0 Q W W ° X H H W H W O W w£ RC Q W a a z w U O>� Q U a x a Q w a a 0 [. O w H a W a 3 a ra H H a F a w a] H Q RC W z U m a W a U a H W a O U a a m 0 a O Q 7 a U Q . m H H w w w F a z H o w o o a w w a 5 m m w z a z 8 w a 8 z a w u a z >• o ff Q o w H£ w U r W z u a a o H H W O W 3 H 0 El H a� a w o z w CO a w Cl) 0 u W U o w < a w F F U a x x w z W M U w 0 0 N w U U a H a wH z F w El F W a W. W O H >+ a W F a a a : x U z O m a 3 u a 2 z z a 11 H Q O z w U W . w � . 04 3 W H �O O VQ a a U W F F > m 0 O U z Q H W x a W O 0 W J 0 0 0 Q U U W W W xx x z O a a a F F Q z ..z 01 a a a a a s a a a a a s fk a. Q: a a w m w OD. M c0 <M O' Ql O O 1D 10 r m '.0 m O. O m. l0 N 0 �O O '. 0. O O H In 1n O' O h O O O lCt H r m h 0 0 0 Q\ DD M N M 0 H O O m O N O 't In M O M V' O H 0 m Ill O N I O N OJ 111 r h N' l0 O N. N M 10 m ri m w' N to 1n m M m m O O M H T h tO H M.' m w O O N H. M W. O H' N O N 01 to d' l0 H l0 O 10 m m a\ M m N r m W 10 O d' Ol l� lD L11 d' l0 O d+ M O h m N N m m O m N N l0 N ONl H W N r-1 r N N r. ch w Q Q Q Q Q Q Q Q Q Q Q Q. Via: W Cl) mm m co (11 U) m mw m m.Ww m W W m m W W m m mw m.Ul w W.W m m. mw m m w m w.w.m m m m m a z] a a s z z z a z a U z � z z a a x PQ ';::: t11 In to U1. t11 4l'. L11 1n. w 0 0 o W 1n N ln. w {1'1 L<1 w 1f1 Lf1. w w W U1 111 - GO w w w 111 w 4f1. L(1 Gf1 111 �. In w w w m. .411 0. 0 o 0 _0 o o. o 0 o o o. 0 0 o 0 0 0 0 0 0 o o. o o o 0 o o 0 0 0 0 0 0 0 0 0 0 o 0 0 o 00 0 0 0 0 0 o o o o0 0 0 N N'. N N N N.' N N N N N N N..N N CV N. N' N N N N N.N NN N'. N. NN N. N N '(V El u 1-4 f'. m 0 0 0 0 0 0 0 0 0 0 0 0 0 o. 0 0 0 :o o 0 0 0 o a 0 -o. 0 .0 0 0 0 0 H H rl H H H ri H. r-1 H '-f H ri H ri H rl H ri H H H H H H H H H rl H H H H H .-1 H H H H H H H rl H. w O H N m W 1O h OJ 01 0. H N m V' VI 1p r OJ Q\ O ri. N M 111 lD r. N 01 O H N M Ifl �0 r '.::::: m m D\ 01 O O O O O O O O O 0 H H.� H :r-1 H H H �-i N N' N N N N N N N N m M m M m M M M lfl w Lfl. to Lf1 II'1 l0 lb 1D '10. �0 'LO l0 1p 10 LD 10 10 l0 10 l0 10. t0 Q t0 lD 10 l0 10 w lD. l0 lO 10 l0 l0 �0. l0 lD. 10 O O 0 O O 0 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 :iw.: 01..01 a\ Q1 01 O1 01 Q1 4\ Ol'. 01 01 Ol 01 01 0 01 01 O1 01 01 01 Q\ 01 01 m O O o O O o 0 O 0 O 0 o O 0 0 O o 0 0 0 0 O 0 0 0 o 0 0 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 O O. O O O 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' FC o z \:o o N In r, W M O O' O' H N. N N N' m 'M m m m M' m m. M m. V � C' [M. P �. LO In U [M v W V� v V' W W V' W W 1M a' M M m M M f+l i+l m m M m M M M M M M m rtl N U w U � C4' o �D H £ 'i 0 o N N S-I Q \ v rt�rt u ti trl C! x U U E Uo > o 8 8 O m C o a o w z U 1612 A 1 .N o w Cl) z w z X. w a s w w a w a w a co w H a m w w m w a w a u H a H w a w m w z rx a Q a z m a z a ¢ W a a w m z o w a w o z H o o d w d a w d r a¢ a z w H w w a u w o m a a w a �4h 04 w w w o o ff H aa o . w w H a a Q a o A x H a w m a z u w W U C<7 F H £ w m Px O m 'z wpaw z Cz 7 aa� Z' o x °ow u H 7u7 o H wH w. ! UUw F� �zQ in RG +T H 2 rG U EA Cu. H ,z, EJ W E tll FC C7 a4 P� H w W z a ,'L U rC H z H z U. 04 L 3 W z H a a4 W w 2 a 4ti H � m ?� m A m ] o z w u m m Uri aW Q z o H x U O w H x a z z m¢ w a o a H z � m W v u a 0 a z o a m o H a W w z H w m¢ H o H w z W m u5. P.' W W ,7 a W ,7 U m H m x U 0 W U H �. Q H ,r7�, u W Q, H x x x R: U w 0 m H R: H 3 W a U H. P+ u a P.' a m H Of m O; C7 C� V. w H w w a w a z m o z d z m w w u w F w u a rl H z U] U. W H z ul E -1 + a w z z w w w w a H w W H z H H o H h W a a r w z� a W W H m H H w w m M w w H H w w x x a z m£ a o w m m m w z z m E o a 4 w w o w u A �> x O; < m m U u x a u W w z FC H z w m H rx M"� d U w a H H a x x x a a a o w ry H Q a o 3 H o u Q m w H u Q p A O x x a w o 0 o u z O w u x o w W m u o m H u x m m u z o m a H m cn x a a a H u w H H w a h m a o z u z W H u H a a 3 x 'm r7. H H H U (x a s �"� H a z es a. x Ri x £ z xi m u O O U) w O CCCGGG m m. m E+ H H. H F H H w H H. H> S 3 3 S S 3 3 3 k h .Q h.H. H U 0 Q :W V a N O m M m m'. m D\ O �..m H'.'N m 'O O '.r' O m' r H. N m. m o O. m 0. m N O 01. O m III 41. M ..m N Ol m lD. Hw m m-w l m "O O m N r. ti: M N m l0 m d' ry m W M w zv N o N m M r M y r, O O H m a m r N N N V r r M 0 M m lO H M r m W m 0 m O V d' M H M 10 r v N N. N N N N V' H N. N H m X C 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 m ] p] p U p A..p. 5 p A' p p p A 0 ] p p A p A A: p :7 A A m m m m m' m m m 'w 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 'b `w o O O O o 0 o o o O: o O' 0 0 0 'O o O o' o o o o o o O.' o o o D. 0 0 0. 0 o o o O' O. O o o o o o o o o O o o 0 o o o o o o o o a o o o o o o o o o o o 0 0 0 0 o o o o o o o o o H rl 14. OO O.O O O Oo.0 0 00 o n oo: OO o:o o o0 0 0 0 o o o O O o O:o 0 �+ � :`E�:: H r"i H r-4 H H H rl rV r1 H H H ri H H r1 rl H rl H fi H (-1 H r1 H rl H r-1 H r H rl H r-i H rl H H rl H r1 r-I. m O. N M W m 10 r m. 01 . 0 H. N M dl m 0 r '.' W m '.O H N M W m to r m' m O H N. M d' m. 1D r m O1 0 H N. r"I- w to �. LO Q w 10. tO W ID w ID :LO 10.. m. m LD w m lO l0 10 m: LO w EF: o 0 o -o o o o o o 0 o o o o o o o o o 0 o o o 0 0 0 0 0 0 0 0 0 0 0 o o o 0 o o 0 0 o 0 o o1 a m o1 o1 m o1 m m o 01. rn 01 m rn 01 rn m rn :01 m 01 m: T m 0 o o o o o o Q o o o o 0 o o. o 0 o 0 o. o o 0 0 0 0. 0 0 o n o O o o o o o o o 0 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 o o O O o o 01 ''; o o o'.O' o 0 0 o o o 0 o o O o o 0 0 :q O o o' o. o O' o o O o O O. O..o O 0 0 O O o. o O O o o : Qc . O. o O. O O o 0 O. O O O. O O O O O O '.O O o'. O' O O. o 0 0 0. 0 O O. 0 0 0 0 0 O' O. O O O' O O � 411:: cN N N N ry N N N ry. N ry N N N N N N N N N N N N- H W r GL H N m 'w m to r m al O N M d' m l0 r m m O H N m �7' m lO r, m M O .-i N M C m LO {- m 01 O N M W m m m m ..Ln m Ln m m. io �. 1O Lo o �. �o r .:r r c: r r r r: r. r m m m m m ao. m m m m m m m :m m m 'i(1 w v <r .. a w v w m m .. al ' w M C C. U N M M r"I M M M t+l M M' M M M M M M MM Mt+1 M M M M MM M r"/ M f•1 M i+l M rl M f'�1 M M M f"1 M N M N U H H H H H ,-•� H H H H: ,� H H N H H H H H H H H H iNI. rM-1 .M-�. rr r r r h r r r l� r r r r r r r(` M w lt4 u w U � U o w 0 0 N N w N \ m tS rn N X U U E Uo C� 8 O >1 ro aN m 10 a E fA z U 1612 A a w a w a < w a o w w a m �Q y1 U El w w a � � w � � a W E rz� H a W £ W Pwi a x .-7 Ga. m x U a a U E+ £ a z z H W w: �W i w H. W o a W U F iai ui. x RC O z W m w W a H O> H Q z a W a w H a w es a ca x H H o a a o a A w a a dl w C7 W- w o H C7 m V i7 .. z w az az z m z CL w m O w cn F k 7+v m z x z H z z z u X z rw a a z m x u o a a `` w a a a w A o a z w w w x a w a m ,D H a z. m Q r7 W :F U a: £ m' < a i. U] N z. z w a a U W H .�J Q,' m a [) a m a u o a a m A a Qf w F H U U o x F H£ m H a a w£ z Q ur z u z z 4 w a� H m Q w w a z x o x H m a a x w a El N Z o w a H z H G o z v a w a m z m a w Q w C m t o U m H m cn x¢£ a w H m a m H x a H O d m a W> FC r W W n a F m m £ z Q a z w El � w� � F a w w z� W F: z �+ F W: a H m a u >� w a W H pD M z w �P o O w F O H o Cal a �p !� �O! z a O a .F-1 U m U x OW F U z 3 a H z a a W W. m a W Q 0 O z a U a z W. r.0 O a iQ W �.] [_7. H Q CL�' m H W 3. U S4 O r.� W a£ Q w z H O x 2. x a a Q Q x a z U a A u x m W w W H z o F Z a a u w a w o x Q a z H a H o x u F z o w u F A a Q A z o o a w a a xh ° w w z w m w u o a ° Oa o wN F m a w a H h w a a O U >? .0 Ha . .. £ O aw . u Hw �O M E O 00 W w 0 c 0 U a x W H w O o o w 0 w iz w m u a U u Hs a m w > w a m w u A H o x w Cl) H a m x u F > m w m..ur .+ m o r o n iD o rn r m o. m m. oar i4w:: In 1n N O m r O o O N o o 0 O al 'w: N LO G In O\ O 0 N m r N d' V'. O M r nl N m LTI l0 O H r C r �D l0 l0 f-I M M H M. O 0' O M M rv) ti0 C M Ol H r H O r H m N Ol m H m M rl M N N' H ri m r-1 N 10 . N N. X :t Cl) m m m cn m m m m m m m cn Cl) m m m m m m m m m m m m m m m m m Q m m w w m m m m m w m m A A ]D .:) A� a p p: A ] A: p p. A: A z] pD �D p. p: x 7 A z pD ].� > U U x. pq i m w m m m...m. m Ln m m m 0 m -m m m m m m m. m m m m m in m m m. m. m m m to m m m m m m m tn. m..in. o 0 o n o o 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 ro ld: o 0 O O O O O O O 0 O O O O O O O O o O O O O O O O O 0 0 0 O O 0 0 o O 0 0 0 0 0 0 O O O 0 xxit 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 H e-i H 1) H -4 H ri H- ri H i-I H- ri ri r-I H H ri H r-i H rl H ri H H H r--1 H ri H .-1 .-V rl H r-1 H H H rl H H o o 0 0 0 0. o n o -.o 0 0 0 0 m 0: 0 0 0 0 0 0 0 o o. o o. .� u m R w H H H H H H H H r H •� w .:::> M v' m cD. r m. rn..o .-i N. w w r m. rn o. �. N M. c' m iD r m m o H. N M 4r m �o r. m m o..H �D r `< N m co m m m C0 m m 0 a O Qi O 0\ O O O O O 0 O O O O H H H H H H H H H N N N N N N N i0 w tD �o w kD �D LD w t0 1D :� to. r._..rh r. r r 'r r r r r r: r t` r r r 0 0 o 0 0 0 o n 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 D\ at rn 01 01 O� rn al Q1 rn 0� Q\ m 4• Oi rn: O1 D\ m �. rn o\ m cn rn 01 01. Q� m Ot m of Ol 41 m : D\. a\ m m mo o l To 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 O O o 0 O O O O o 0 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 :::k,, 0 .' O O 0: 0 0 0 0 o 0 0 O' 0 0 0 0 O 0 0 O 0 O a O 0 0 0 0 0 0 0 . . 0 0 0 0 0 0 0 0 o 0 O o 0 O O O O o 0 O O O O o o O O o O O o 0 N N N N .0 N N . . N N N N CNN N N N - . . .0 N N N N N NN a m Q O .. w r a 4: N _ Q1 zi "' �D r m O) O H N i+1 C' m �D r m M O H N M W Ln r m 0• O H N r!1 d' m t0 r m 01 O �-1 N M v lfl t0 h m m O'. O O 0 O O O.O. H H u m. m m mm m m m m m m C C U N .'�(} MM M M. M M M M M M M M M i+'1 M M M M M M M i+l M M M t+l M M M M M M M t!1 M i+l M M M t+l MM M M H H H rl H H H '.•-1 H H H H H H H r-I H H H H H H' H H H H. H H m m U ,C < rl r-1 H H H H H r-i H r-1 H ,-1 H 'rl H H r r r rr r rr r rr r r r rrrr rr r r rr rrrhr r r r rr r r r..r rr r rr r W fA RC U ;: � u o � � � m 0 0 N N i4 N rHl a (y sa m rn U) is x U U E Uo o CHH O U w o m � 0 04 E 0 )6 O m z U 1612 A o: zdS; :V: a >: u El x w a O Cu W pq [x >+ m a W a� t�7 F El O iL a z 2 W U H Cl) U a. m a z W z H. W W 4114 U P: rwi z a. 0 W O m W Cl) w. a O W q PP, u O a: z a a a m a¢ m z a R co E 0 El Q N a w w w x O W a R: E W E m m w a W Cl) U Ga . . RC U�j U1 r-� z7 Q. a ,] Y-t H a z �W7 CJ� F1 �jU, Cs,. ai a,'. ,W7 a] cl) E U1 CO X c0f� kQ Q W FI rWi W W O ,7 W F ul W H l F a a H 0 m M a U [Wk m GL m a m a 0 X O a E W Pr W R, W F z W a U 11 £ U C7 a a z O W a< Q a z A4 z w z 0 z a z F o a z o P: w x a 0 z z x x o u a a z a r a a m u m o a w F z w F z U z a co a H H u z v E 2 W Cw7 Z. 2 3 0 0 tx u w Q 0 C07 F a U z W W C7 W w W° U w" F h Iii 2 m W H E R ;4 x< a x m U o z a P: F r.4 m a aa a [? Q a o w F m x U a u H z 7 a u W R. 7" P1�' O E: W N x 7 F Q U Q W Ei W G a' r-� r-i x O A W x. Q O W a F W u E F a W H U m m U x m z 0 0 m m H (d H W O Q N �..' m q H a E Q a g Q Q A �: W ``' a a '� Q Z. Q W W k7 WW 3 .W-7 a U d 'FZ, W. r1 W RC 3 H H x y m z U m z F w m m d m z V a a S x a m C z u P: 2 2 a A m a W F E Q rz x o> x o a a F m u z a o m rr�� .r,�C77 w m m z7-, , w w w u w w a a a x U a o U Dz w o a N W a 0� q a q a a a u) q W h �a w '7 w 3 C�7 f�A can S C7 �C N U m u a F M r z z PW1: h w z can a 0 O.' N N O.' O 0 M 0 0 0 m In o 'W o r o M o o H Ill O. 0 O o �D. 10 H O '0 N M m V' 0 O m m m. Ln O H H. O m N O W m m O O M O O to O f1) H O M O O to N O r O O m M N O d' m 'm II) O\ Q1 r' O\ 0)' H O O 'm. xi: O m m i^I m M H d' d' r H u) H H r t0 H 01 ar m W N 10 M M M M M 0) O v Ln m m m N m m d' m O N r 0\ H H II) N H M N N N m H w N N H r N Uo In (N N M a M r H N H O V H H rn Q.A Q.Q. Q A Q'.Q Q.Q Q Q Q.Q. Q Q Q A.Q Q Q Q C) Q:A Q A Q.Q: Q A Q Q Q.Q. Q Q Q..Q x m m m m m m m m m U) Cl) m m m m m co m m m m (n m m m m m m m m m m m m m m Cl) m m m m m co m Q.Q.. Q � Q Q: ] Q Q::7 Q.Q. Q.. m m w In u). lfl In m Ln to ll'1 m 0 111 N m tP lfl. lP m w to v) m m m Ul m w 0 4f) lf) lft Ill m tP Lf) m 0 N to to L. O. O O- O 0 0 0 0 0 0 0 O O. 0 0 O 0 O O' 0 0 0 O. O o 0 O'. 0 0 0 O. 0 0 0 0 0 0 0 0. 0 O 0 O O O 0 O O O O O O O 0 O 0 O O O O O O O O O O O O O O O O O O O O O O O 0 O O N'N N.N F M '1.1: H H H H H HH H H H H H H H H H H H H H H H H O O O O' 0 0 0 0 O' O.' 0 0 0 O' O O. O o 0 o O 0. O O. O 0' O 0- O 'O'. O 'O. O O 'O O O.' O O F. Ill $ 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 W ..H -0 0 0 0 o o o 0 0 0 0 0 0 o 0 0 0 o o o o o 0 0 0 0 0 0 0 0 o o 0 0 0 o o 0 0 0 0 0 0 0 :! 05 Q\ 01 41 O) a\ 0 o 41 0 0\ T a\ 0 Oi. 01 01 01 a 01 0? 01 Q\ 0� -O\ Ol O\ 01 D\. 01 01 d\ at 4\ Ol. 0 0 o o o 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 o 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 o Q o 0 0 0 0 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 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :o 0 -0. 0 0 o 0 0 0 o o o 0 o 0 o o o o 0 o o o. 0 0 0 0 o 0 0 o o o a. o 0 0 0 o 0 0 o. 0 0 0 0 0 0 0 o. o o o o. N N N N N N N N N N la4 0) o::.. d' l() �D h m 01 O H N M C 1F) tD n m O� O H N M W ifl 1p n m 01 O H N M d� II) �0 r m 01 O H N r't -IV V' "I d' d' v [M' If1 L() Ill Ill lfl 4'1 lfl In Ln L() 10 l0 l0 lD. �O : 1D: l0 10 m w r r. r r. r r r f�. r r• m m m 'm' 111 u1 m. m m -In x x ul m m m In v1 In In In In In II) m m In. In In 111 m. m Ir1 In m m In m m LO u'1. u) In m M. M C U N H H H H. H H H H' H H H. H H H H' H H H H. H H' H 'H rtS rt u m ,C ', .'H H' H H H H H H H H H H H H H. H H' H 'H. H H. .-I U N r-1 O Q O O N \ N b s� u bl N X U U E Uo >, o C� 8 8 W u O � � N R P7 z U i A I � A 1 m O X.V o > a w m Kc a U � w o a w un a s a w a z ` 04 fl� Q a a w H °s H u a vH w a qq z w a Cl) a s z Z ° H Oz x H cn o w W H w - o ff w ¢ a H co . o a m a a s a w H a m W w a o U w o w o u H a s z > w a U a H w w x a t H z x a a w a a z o z q 3 o o G 0.1 Co - O a C4 > a H z ro w w u U a U a x a [ ., £ w H a C7 w z 3 U a a' W FC U w o z m a H o a F4 � z w a H 4 w z H o a u Q C4 a w m z a u w z H a a o 3 w 0 o z a o w w U U X H m Q w as z x w H ly CO w z a a H w a ry a' a r-I Q H H a a �'C Q a { .. F° H 2 U .,•+ W W a 5 W O CL' > z- P4 U Cl) 0 H z W W a H �-I O Q U x Q '�' 3 ;9 w O H C7 W I.x: O O O 0 11C O W z rC z a H O Q H O x w rC U >+ U a U >+ rC a s U: 0 a U x H z O z u W H U W w Cu a� H. 2 a d 5 -aQ '€S f�W0 w o x> U H w W 0 Q a a a w w m x a o H 0� 2 a p a a w q w w w w H RC u o w u w Q - a 'T�. +rI H U z . w (H!7 H CW9 'O a :� ° W x izi. [wa] /C O W W O w a W x OW O Ga. rzi V o. p :H u w a z a s a m x a x z z C) x w x z z x z h w a z x z U a W w:.7 £. HHz fA o: w E w !x a a a w w H •c7 w r.( �+ a i-+ w 1z1 >+ ti H C Q F z U a a £ 3 w x w a a m tJ m H w w° z u A > u M 0 o 0 u m N O r 0 O H O. M. In O O 'm M to O O l0 m O W O dt M O W Ln m O 'v tp. Ln O m N V to 0 m r Ln r m O O O W O N W Ln 'W Ill LfI O W O r W m W O. D\ r M 01 N M m tP H r-I Ln Ln -t C di m M ID N Ifl N. O N N 10 m C' rl (71 r .. rl O. N Nro 1f1 CV �-1 N N �O : DJ M rl N d' ib d' �-iN fll rl 1f1 lid - Q cn Q cn cn w w CO w w w co w Cl) w (n co . w w co w w U1 w U7 w Ul. w w w w w (>). w w w 'w w w. w w w w w 'w w U] Q -Q: Q �. p ]:� �?. Q.� Q Q ]..] Q � a:Q Q 1n In Ln to 1n Ln. 1n Ln Ln o In In l.n LP. m In 1n w In to Ln m 1n Ln 1n to tll In Ln u7 m In Ln lfl In m Ln m In m Ln m m m 0 0 0 0. o. o. o 0 o 0 0 0 0 n. o 0 0 0. 0 0 0 o. o 0 0 0 0 :0 0 o o 0 0 o O 0 0 0 0 0 0 0 0 0 it 0' 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 o o 0 o o O 0 0 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 00. :o o. 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0.:0 0 0 0 -0 0 0- o o. o 0 o a .0 1f1 .'. .-V r1: ri rl r7 �-1 .-1 r-1 ri ri rl rl ri r1: ra r-I r-I ri r7 r1 r-1 ri rl r1' r-I ri ri rl ri ri H W t� -4 H r-1 ' r-I :f-(. �-i rl. rl '.r-1' rl ri. r-� r-i. ri ri. r-i rl' r-I r1 ri a-I r1 : r-1: ri rl rl r-I r-I rl rl �. r-1 ri ri ri r-I rl ri r-I. rl rl N '.r1 rl ri N M ln. l0 r. W O rl N M W Ln 10 r W 01 0 .. N m d' 10 r N O rl N M VI Ln l0 r Op D> O r1 N M tl! Ln 1p a, of m .. m m m 0 o oo 0 0 0 0 0 0 0 0 00 0 0 0 0 o o oo 0 0 0 0 00 o o Q 0 o o o o o o 0 0 oo 0 0 0 0 00 .(� 01 01 rn Ol a• m o1 o D\ D\ m 01 D\ m 41 a\ O1 01 0\ Ol A\ a\ m- rn 4• 01 rn o1 01 of rn Q\ m ai rn m 0� 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o 0 0 0 0 0. o 0 0 o o _0 0 0 o 0 0 0 o 0 0 0 0 0 o o 0 0 o o O O O O' 0 0 0 0 O O: O 0 0 0 O O: O o o 0 O 'O. 0 0 0 O O O o 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 G11: 0 o O O O o O 0 O O O -O 0 0 0 O 0 0 0 O 0 0 0 0 0 0 0 0 0 0 NN N N N N NN Nry N N NNN N N N NN N :NN N N N NN N NN N N N NN N N NN N N NN P4 m S o as r a z ID \ w o � S4 rh '.;.. 1n to rl W 41 O ri N M W 1n l0 C� W m 0 H N t+) dT Q r W m O H N v Ln 10 r. W 0a O r-I N r+l W to Q r. X C YG: W CO W W' W M 0\ M M 01. 01 0\ Ql M M M O O O 0 O '0 0 O O O H 1-I H H H .-1 H ri ri H N N N N. N N N N In lfl m m Ln m m m W 0 U m In :m to m 10 10 LD LD LD. W 1D. LD W 10 l0 <0 �O. 10 l0. l0 �O LO l0 lD 1D b C C u Ul �" m'. M m M. M M M m M M M M M i^'1 M m m M M. m. M M M M M i•'1 M m m M M i�l rl ri r-i r1 rl N r1 r4 H rt w U ,Ciiii ri rl' rl rl. r-1 rl r1 ri rl .-1 r1. rl H rl N ri rl rl H �-I ri. rl rl r-1 H rl rl rl N '.-1 N rl .-1 H r r. r r r r r r r r r r r r r r r r 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 e� U H CJ o ] c 0 0 H .. N iI Q \ O1 C H r7 f3 Ul Ol v 1-I X U U E Uo ?, o � H � v 8 � U W O rn C m n E 0 10 W z U 1612 A 1 0' 0 w w Fw x a zaww w a s W a W z u n w w a w w w m a a w a n N M w M z w s w a a w W 1� ° F w Q a W x ci: x w a a a a w u M q a F: RC a : r.0 H H rt z 9 C H W z c W� a ddw W t' 0 N F H w w z FC z W O cn F w a w w a cn W g W w- a W a � z° z z a :a 'Fc S cn a z a u w o K a W z a o F a z P: q / z W F W U . H w O a (n F a W N w F> F a w z H o z Wlc� Pi a W£ U a a' F z W w \ U cn W W O w z,. U U bo: a O W O . . z >+ H W U W z F x z w u z z W W w w M m a u u y�[�[na]� zz0ww El z:x w E n g Ww M> E z N z z O W (11 P: U1 M : P;M U' £ a a' az a> U W W F W W P .:t�6 d W H z o o W P W a n H W z F[ F a a P M W F U E+ v U H F a G a x a z o W a gq w a w7 w H a �a m 3 m W z a C w a W z O w El Ea 7W Cil x a F+ cn H. a 3 C>~ W a 7 E+ W 0£ a W z 0 O w. z (n W> a EH a U q W W O z m U £ z z fi7 H . m° w z Q C 7 M O E+ 0 cn w m w o Z w C7 F F 2 W i w z a W W a w W zoo w q z a W E x W w > wn a W M x° H w w Z W F W H O rj �ri LS M W a w. a x O €n o Y� &� u' z a w x Zi P; W a F U m a a Q o a w° w P" z z w w W F x o w x u E F a w n h z P W a M w W 3 04 a w q � W x W m w o a W x: H H w W H r.G w z z �Z w w. O a H 3 W- W z z co x F- q 3 a: q b w w g U F Ck : .M. W 0 z C4 O O W W r4 F M W W W W O O H H z RC N H H O 7 n W F C F a a z C O q W H. O 0 W P4 H w a ;D O a a O W O G4. a W£ W W z x a U a .] H CNN ] O. O .] .W7 E a x M 0 -P; W a, w a a a4 U G H x ?� W r� M O B W M W RC O H M O r.0 >4 a 0 a FC W O q- W z :PA W F x h F C7 z. W U W F.. W U. x M a rj z: C7 F a: �' q W U fx . >: a> a �-r W C7 :F W W :i•1: O o o O' V' O. M O O O M' lfl O O M M r.' O o' d' '. o O O o O 1D w o o. O r ill r O o O N. O O lD O O o V' D1 w o m Ol H O O O N O ' w 111 111. Ol "Q1 01 M' m O O H N lD. r Ln O dT r l0 O M. M m M M' O m O o. m O 0. w O "N H 10 m H N O o M m' : tIl N N m 1!1 o m � o H 111 O o H v 171 - H Lf7 m M O O N M r o O N 01 d� H m m N Ln tr m O H.. H H O H Vii:: Or N H o1 r O M M C d V 0 m 0 M a D N m 0 r N d M N W 1D H m c q. g A q co w m co o w co cn W W co co m m W W co W W m m W m m W W ar W W W ur W m W m W m cn W W W W W ur cn m m m m m m m m m w m m m m -a 5 �: q q. 7 0D Z) ] =5 q p. �::q ] 7. qD q q ] �D q O:p: q ]:q �D 7 7 �D m l!) . Ul 4l L. 111 u1. Ln I(1. m to to 4n N W Ifl 111 1f, In m m 0 m m m m 471 to N. 111 m m Ul W to to 111 W Lfl tf1 tll Ln In ';ldi o o o O. o O O 0 0 o o O O o' O O o O o o 0 o o o o: o: o 0 O. o o 0 0 0 o o 0 O' b O O O O O O o O O O O o o O o o o O o 0 o o o o o O O o 0 o O o O O o o o O o O O O O O N. N N N N N' N o o o o o 0 0 o. 0 0 0 0 0 0 00 o o o o o o o. o o:o o o oo o o oo 0 0 0_0 0 0 4-4 w H H H m ' r..m. r..m 'O. H N M..N 111. 0. H N M W .iD r m OI O W. W H :::' :' H N cq H W M M N N: N M N N N M N M M M M M M M M: M M d' m m d' m W a' Ill to m o :M 111 N 111 to Ill u?. m..:m. m..m m CO . m m m:.m. m m m m m m. m m mm m m. mm: m m. m..m m m. m m. m m m. m mm. m m m m m.. m. X M w M M M -o ,I;.b 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 O O O O O O O o o O O 0 0 6 O o m m T Q1 OT 01: O1 01 rn 01- tT (3) o m Ol 01 m m m m 01 Ol m m m rn m m m m m al 01 Dl :01 at a\. 0 0 'O' O O O' O. O O' O O O O. O O. 0 0 0 0 0 0 0 'O 0 0 0 0 0 'O O O 0 0 0 0 0 0 O O O O O O O O o 0 0 0 0 0 O 0 0 0 O O O O o o 0 0 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 o: O O O O' 01 fd: O o O.o O o O O O O 0 0 O..o O o o o 0 r H z 1D \ G4: Si m o+ O f-i N M d' m r m fT o r1 N M [M 111 kD r, m 61 o H N M to 10...1". m m O H N M d' 1A h m m O H X C" ..�k: N N' M. M M M M M M M M M V' 'V! d' V' dl. d'. <1' d'. d' -V� lfl to lfl I11 to LP 111 m V1 111 tD �o 1D. lD tD 1D 4o 'lfl': �o ID w w lD w �o 10 w w m �D 1D m w ID t0' w m l0 b. lD 10 ID m l0. w m �o l0 X X 1J U M M M.M M M M M M M M M M �"1 M M M M M M M M M M M -M M M MM M M Mfh M M M M M M M M M M N m ttl U .c: W W FC U o �D H � H m 0 N N is N \ N tr rn N X U U E U o C. CH U O r m G m a E m z U 1612 A 1 .N: rst. Q w xo w z w r a s w w ac E w a w x a F Cl) m E H w z u Q o 0 a p'y w Cx a :N �yy x : w H H a 7 x 7 x z m m w £ z a m 77 a O rpx On.' r.0 FC [H[yy C5 C� f�F�C {URAC ,dam px(�,U�yy [[H,� 7 H F W r4 W E W W U U O H WzS w W U V z z H Q C F O 7 U - 'ttl z v O O C x E O w z U O Cr7 F W a W ,7 F U C F d U C7 a C. : a 0 z a O 4 a4 x Q u a 4 z o a U a a a a w a w u m m w a E U w w u w a w a w rj m a w F z E U a W w 3 H z 0 z > H .] u: E N z>1 0 w H z Cu: a,' m C7. W a- a W m Q,' W H vaw�BH��wti�mY=3oaa��mE3� zaaPn�diza�fmo m ro m x v a m w a U w w H W a o Q A H o z o a 9 U w a m a4 w x o H o Gx �c H Q d a a H a m a in a m 0 a z o H cx Q m U H w U U] w W W W w a (-� m U zi H%y .. < w H w U z O ,�: O z w :o a H w w x a W a z< o F o z a H z U U w w U H C O m W z x a a U a m a a z x H O W Q O z O m M E w q a x >� m r.� x a' z U a w 2 a �Q ,3 Q �7f q F OY a .] H H o W w z z RC :O W a a H z z z W H E �-+ F U z U W H O �. W a a m a' O ffl7 z H O £2: �p a p [C0 U 4 �[["ayyy U� q C" U Fa U U W W O 7 +M � w ] CG U W w z H a l 114 µx X --I U 0 U a H n W 4 :D U O W wX U x W 0 a a z a 04 w H a x w OW U o a W X c� o E< F o z Cl) C fx E w w a Q R� C x a Q q z: x U m m z w 0 J m < O C24 w w E a cx H E x E w o m z M W x 0 a w h C ,7, F x U W Ci7 W H x 1C W W W w m F E H m Cx O m >. r.� W W W o W a4 w x E x w d w W FC z 2 H H a o a p g z w m' O O Q w 3 m a H w a£ w F a w Q U. ,7 u o U' Cl) c� w tZ 3£ w z 0 z a Ix u w H w O E F w ?. cn z ^.4 1 A o w FC w z w x o o H x w w x �1] xl H w o 7 w x g ix? F w H a x H w a F a w a h s H N F m U Cx E£ a h w a m z H H h m 0 x w m a H m 0 E o u a E > E m o O O. H 0. M 'O m O r O. _lfl r 'O O Lo Ln M. m O u) m' O w O l0. O m m O O O O N O O O O O N r N O 1' O H O m 0 r M m O N m N O c c r m O ill H_ m In r O H ID M O r O O O O m' 0� N L- Ln 0 O r N r H m m O OD r r m H M m lfl m M O r Lt1 H m w r m lf) m r r M l, O N N r l0 O O r M m m H m IT M lD m 6): m0 H H N rl : N . N. m <N M O N Cp N H. N m H :i:N:: AAq.Rq AAL1QQgA.A:.0000AAQ.QQ: QAQQQAA:Q QQ gQQQQQ:Q QQ.Q qq m Cl) m m m w m m m m m m m m m m w w m m Cl) m co U) m m m m.w m m m w Ch m m m m w m Cl) m m w 7] A 7.a: Q A ]:A 7 U Q D Q z A Q Q Q: A:q U Q A: : A �) QD:D ] Q Q -:] Q. A p Q Q. w Ln m K) w m w m u) In m w m. w m Lo w m m to m In m lf) m U). In to m Co u) Ln m U) lf) w m lo w l() u) to m m . 0..0. O O 0 ' O. O. 0..0. 0 0 O. O. 0 O 0.' O O O '0 O O O O. 0 O O. 0 0 O 0' O 0' 0 'O O O' O 0' Z7 :ja o 0 o 0 0 0 0 o o 0 0 0 0 0 o 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o o o o o -0 0 0 H H H i H H 1-4 0 0 o o o a 0 0 o 0 0 0 0 0 0 :0 0 o o H 0 o H 0 0 `0 -1 o H o H o H Q o H 0 o H 0 0 o o H -0 0 0 0 0 .4' w JJ m w r m m o H N M W ul L0 r.. m. m O H -N. W H �� 1p - �O 1p l0 w .. 1p r r m r: m r r r r r m m m m o m m m m m m m m m m m m m m m m O O O O w w m m m m m. m m m: m m m- m m. mm m :m m m. m: m m m m m m m. m:.rn m m m_ai. m _! 0 0 0 O O 0 0 0 0 0 0 -0 0 0 0 0 m m m :m m m m 0) ON m m m m m m m m m m m m m m m m m m 0 m m m m m m m m m m m m m m m m O O 0 0 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 O O. 0 O O. O O O O O O O O O O. O O O O O O O O 0 0 0 O O O O O O O O O o O 0 0 0 0 0 0 0 O O O O O O O 0 0 0 0 0 0 0 O "QEhI O O O O 0 0 0 0 O :O O O 0 0: 0 0 0 0 0 0' O '0 O O. O 0: 0 0 0 0 0 O: O O' O 0 0 0 0 0 0 :0:' 0 0 0 O O O o. O'.'O '0'. -O 'O. � '.�:�RI? 0 O 0 0 0 O O O O O.'.O' O O O NN N N NN N N NN NN N N NN N N NN N -N NN N N NIV N N NN NN NN N N N.N N N N N C14 CL yk N U) �O r m ON O H N r m m 0 H N M W m to r m 0) O H N M dr w t0 r m m O H N M d' U) r r '.0 r r r r w: N m m m co m c. m m. m m m -m. m m. m m m m O 0 0 0 0 0 O 0' O "0 10 .O m LD l0 w w. 10 �D. m m m m rj U < �r U w w O O N N ii N \ U1 tr y Ul CT7 N x u U E U o � p y w G D7 �Ny V O W O >. m C m a °E m z U 1612 A i mm O p N a a a w 114 w a u F cl) a u w H H Iq o a a a w w m F w a a w H z cl) o w o 0 a z F w u a a g m F w a o au u EH E. m Q q m x w �a w w z 3i 4 w w w x z a m u F u F a w r w w m a O a m> u z > x z v zww a w z o z m 0 P4 z z z a z w O w z 4 m ;D a m w A F w Z F . w a A pq W m a N a z O O co 4 a z m W m u oxoU m > azs waaw w F m u a w w Q > F a m z w a �z w m m o w s a m re u a a z < u a x o w a a z F a 3 x a z ro o a E F w o q a z a ¢ m a Al w � m z u 0 a a 3 w a u�> w z a a a a w a w a A u o 0 w w w p w w w w w z u g F o w m w a q u 3 w o a a a a g a F] a u m z u o z o w o a F a z a z z z �Z D4 m> o o w w w a a A w w F w a u w 3 F w w w F o u a ci ~Q. u 7 x a H F z 20 w n w w u w F u F rNC C w w A U H x X z U U Wa Z a a Q W£ F7-, a cn O x. a z ai <" x x �. w:: �. � w W a a 8. A Cw7 FC x. a. ..N w. �oFZ`m�8a "aq�ia�� a > W rS U w U U �4 F 3 m w w w F N o a >, u >1 £ o w a U a F U w a w w a a w u u z m q m a m u w n n o a o F w u a m w a a F . s H a F w �C a � .- z w U O£ W F a ;D a O W w 4- w m a 'O a 'd >� 2 :Lk F a w w >+ ,¢ ] a w a C7 w a s m. a z a F F a A F v w m x w o x a .] a w q m a z U a ('J: >+ x w w W 3�D w W a F C+. '!7 ro a iQ F U w w w a a x a M F£ E+ >: O U >+ ,`.") C7 w z H a H r-i a F x U W w W W >+ 'a O d a w a W a a O A m O O a O w F E. z F U F U > > . .a -..q > W. x z y U rQ. O 01 ' O m o r M. o O. m O. M 1p O O o O O O O m o O r o O O O 1D O O. O O -O. o o O T O r W O w 0 a 1D d• tf1. o o n m cJ d' M O O W 111 o m 0 0 m o N 0 0 0 0 O 0 0 0 N M r w r: in w: tr r m ,-+. r w N w o as m w r o r -:o w o o w o ui m m. ri �n o u1. r m m In m N �D w 2!'7{ N d' M N N r d' V' N d w r d' r m 01 w 1D r G(1 'r m m m N m m r, M N O O r2 D\ M r N m N m m r w co N w: M r m w M o r 01: rn M rl m r. �o r ui r m m 'r . o w �: w m q A A q X m u) cn (j) (n m m m co m w m w m m w w m w m w m m mm w w w m m w w m m. m w w w.w w m m w w w m m- co g z a a q]]� x a q a q q q D o z] q q� q� qa ]� � x� a a g a q q� q z m w m.� m W. m u1 m u1 m m m W m w m w m u1 m W. m w w m m m ut m. m m m 0 m m m m m m m m m ur .pry:; o o o o o..o o o o o. o o o 0 o 0 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 :o o a ro ;id: o o o o o o o o o o o o o 0 o o o o o o 0 a o o o a o o o 0 o o o o o o o o 0 o o o o o it;re: w w w w w w w w w w o o w w w w w w w w w F F M :ij o O O 0 0 0 0 0 0 0 O O O p 0 O O 0 0 0 o O 0 0 0 0 0 0 0 0 O' 0 0 0 ' O o 0 O. O O O O O p o O. o L W r+� or m. O\ O. w N M dl m 1p r W Ol O w -N M W m iD. r m a> o w N M m. l0 r m Ol O w M W m lD r CO 01 O. O m O O O m w m w w w N N N- m M M M M m..0 W W m ... rn m. m rn rn rn. rn rn. rn m m m m m m m m m m m m m m m m m rn m. rn rn rn rn. rn rn m m m m m a, m m m m o,. rn rn. m m m m rn m. 0 0 o o 0 m o o o o o o o o o o o o o o o o -o o o o o o 0 :p; m m m m rn.:rn m 01 rn m m :m rn rn m m m m m m m m m� rn m m m rn m rn m rn 01 m m rn rn rn m m m rn rn rn m: m m m m m m m a 0 0 0 0 0 0 0 O 0 0 0 0 0 O 0 0 O O O O 0 0 0 o O O' O o o 0 0 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 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 O :o 0 0 O: o 0 o o 0 o o o 0 .o O O O O O O O O O o O 0 0 o O O 0 o O O 0 0 O O O O O O o o o O a m � p m r a z 1D \ A -4... UiRki la U1 m O w N M d' N r m 01 O- w N O +-I N M v m r m 01.. X r u k: w w w w' N M- M M M M .. M' M M: M M dt d'. v d' d. d' d' .Ir d' d' m 'm m Lfl m m m m m 1.f1.. x x u :: lfl: w w w w :w w QQ d� U H U o �D M 0 0 \ a) CT l4 °„' m s4 X U U E U o ?� o CH 8 � W U o m C ro a E mo z 0 1.612 A ?FU:; a E Q a w w z m E K C � E W W ] xx 4J Ea w £ b d o a :c , Q H W a W N H ro. m a d .7 0 o w z U w w a U m v aF: a a d z Q o z m C W .� .� a N z w E d C7 Z- £ o W: C H a a -:U a w C w U a o a a w W W U d rC E. H O U O d z w W w O O a a z a o v w D o � U N W H .0 cJ7 pp� a F z m w 'n m m O m ro E E U i-+ W m m z 0 a W q (V > CL a a W w a W W m w W ro. a) .� a) W 2� W 1:4 . d U d w U N W m v H ro n C s ro a a 'X II a a o v u m a z v m w o > W z m v) m z �-+ 3 v H a zZ z m W o a I z d d W m aC a x H m m v a p, a s a w Q- M w x H d s z a) x a w m co z z w w z d z a v v er u a a s w ro� s n z° ro z m z o d 04 '0 w s4 z N z w Q a U d W 7 E H a E n +0 z a) 04 H d a � .H x z a a z z a ro a H ro a z a z + raoaxz dz v m£z v rn� [�oddo� ro Ezw> o �+a�awodHu p 04 , 1aH d U xU �P7 a a w rt mN L�1 o wO NNq z �pC y o u N uN a p n z z �n w o 1�n z a� a) q W �W s4 N m 3 Q G x El E� _ a a O m 0 G W a) a X O . 04 ul 10 r cC/) x N UW W E O .£ (A H RG FS G m 'z O Q []i) O z H TJ (n FG 0 m a W U w W�D X W z a ;N O u o o m w z x q o ro ,� m y a, x x z z co . C7 �+ W .] W W z. m E i4 ro x w W �-+ O ro E H ?+ .H .+ ,q a rt E fk a. d. a. 0 GJ >+ z a: E a .4 : C7 > r.0 a to '0 Q, a, O }4 ri X a [/7 fk a F a : C 4 H a 10 � : U b). !-i a E W co a a oz F u t�J ro ca n w Q x u ux g w w w h a h h a a X X E X X a s o m O O' O r -. O -O M O' m O O.- N' 0 0 cM O.' O 0 O O' N O. 0 0 0 0 0 O. O ul O N' in O' O ul o o o O O 'o O 'a\ O 0 O kD N O l0 O N ul O w 10 O m 0 0 0 0 O Ln O m O O O O �4 O m O <N 0) O O m O O O O N m . M 'O' In 'O. ul ' N C N' m 'H O� 0 m O m v t' :'LY:: %D .-1 m 0 O M tIl 01 M O N �D VT l0 l0 O H O In O Ln w N in m tD w w V' W H 1p r-I r O 1-1 O M m m. m ul N l0 ul In to CN X Q Q Q w Q Q Q Q Q Q Q Q Q Q Q c1 Q Q Q w Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q w Q Q w m m m. Cl) cn w w w m cn cn w cn w w m cn w w cn cn cn w w cn m. w m w cn m w. w W m m m m m W m ro X u a a x a x x x a x x x x a] x Gq Lo .. u) Ln Ln. w. Ln - Ln ui w m o w Ln Ln 4n m . un w W Ln m m m w w u� u> w in m Ln m m 0 Lo m m u+ w u) O O. O O O O O O. 0 0 0 0 O. 0' O O O' O. 0 0 0 '.O O O O 0. O 0' O O 0 0 0 0 0 0 O O O O 0 0 0 0 -O O O O O O O O 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 O O O 0 0 0 0 O O O O H H H H H 1-4 H H H H H H H H E . . O' 0 0 0 O 0 0 O o 0 0 0 0 0 O 0 0 0 ..0 .0 ul : H:HHHHHH.H H H H HH HH H H HHH H H H H'HH H HHH HHH HH HH H H H H H HH U m w M H H H H' H H H r-t H :.H.' H H H H H :'H. H :H H r-1 H 'H H H H: H:' H H H: r-1. H r-i H: H' H H' H H H H' rl H N M t}�. ul..�. r m Ol. O H N M W 10 r m m. O- H. N M cr m f r m 01. O H N w H u Ln n n n u w D 0 D w D 0 w r r r r r r r r r 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. m m :m. m 01 m :m m m m m m m. m m m m 'm m m m m m m !,a :: o0 0 0 o 0 0 0 0 0 0 0 o -b 0 0 0 0 00 0 o o o- o -o oo 0 0 0 0 0 o 0 0 0 0 0o 0 0 0 -0 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 of m m m m O O O O 0 0 0 O O O 0 0 O O O O O o 0 'O O 0 O 0 0 0 O 0. 0 0 0 O' 0 0 O. O 0 0 0 O' o 'O. 0 0 O O O O O O O O O O O O O O O O O O O L7 O O O O O O O O O O O O O b O O O O O O O O O O O O O H a m d o m r a z 10 \ o:! XW:: a "'' O H N d u �O r m 01 O H N M d a 10 r m m O H N M d n D r m m O H N M d D r m m O H N M X G u�' SD w ko w r r r ..r. r r r r r r m: m. m m m W m W m. m. m. m m m m m m m m m 0 0 0 0 rr rr r r r r r r r r r r r r r r r r r r r r rr rr rr. r -a rr r r r r r r m m m. m X X y ..4 '; G' G U ro m U o ] d 0 0 N N }4 Q \ N C rl S4 tr7 v $d U U E Uo 0 >, o u � 8 '8 o � G O N 0 O m O m z U 1612 A 1 a w w v m m a a v U a s m w m H El wax x z w w n" a o w w a r m'3 o 'o a w:Q w u. x o v as wa oo�coaH oz x F Z + s4 m a H c z x a a u z - . < E. w r.0 z m� o v Cn W o o z� z x o a a H m v a v F 27 ui ro W. w H O Ul R I?I C7 H. W R W co w a- a ro cnaazmmUaz -wzum z E 'o 'd o w FCa a w0 Hw �mw Cl) z w ro F w m w w z U w a w F w m O O R. N F W cn z RC C7 C7 z : W :N F O z m z 6! E U O ,7, z H 3 a U rza £ z 14 W rL W H x x z W U U F 4 z F U7 rC H F W. ., H z X a z W. O a° o C a w w u a a F C a a d Cl) 'Q mx z R w W z m W x o m x v x a x W w El m mXd ro"`d�6�aY3x�aB�Q�a ± s N w w x a W U N a a 0 a w F F a R m a 0 ro H m U n. E F w ¢ v w a v x a m F x ¢ o Q H m w 3 H o �4 4J P4 14 (7. ro U v F E W z H xF H n U n n z x R N O N. N a p. N: O£ - o 0 .c H W a a a o a w W w (f] o h U R E a F m m w U w w 3" 3 h 9 m m < o o. o 0 0 0. w o. In c 0 _o o o o r7. o C. 0 o o o. o r- 0 10 O' O 00 0 'O O O O lf'1 O r 4P l0 r 111 4D r 117 m O- o -tv O m O O L(1 M M H ci_ In m O r m N : W Ifl H N r m N O .-i LP H H :O m N N O m N a: C W r m H N 10 M N N N U N r H 0 rq M. M❑ R M R❑ R R.❑ R M M M R 'R. CO R M ❑ (n U1 - U] Cl) uy. (A U] - U] W W W (A (!) co -(n: (n co co U] (J7 U]. CO Cf1 UI (» ra m U7. 117 ..411 117 k(7'. w U1 m to 117 m m N Lf7 IF) 411 N. 111 1f1 m m m Or 0 O 0 0 O O 0 0 0 O O 0 O 0 0 0 0 0 0 0 0 0 O b >:w:: o o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 it :r ro: :}.. . .ri \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ F M -�: H N N M 0 M 0 0 a 0 oo o :o o 0 0 o o o: o o 00 a . o o. 0 0 0..0 o 0 0 H r-1 H rl H H �D r. m m O rl. N M lfl. LD. r m m O H o H N w H m b1 m m o O o O M M m M d d C d V d l D D 0 m m m m O O o -O. O O 0 0 0 0 0 0 0 O O O 0 0 0 a o O H H ri O Cl ID 0 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O. O ..0 0 0 0 0 0 0 O O 0 0 0 0 O. O 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O N. N. Nry. NN NtV N N N N N N NN N N N N N N N i 04 M � o m r w z�\ 0 x >4 N In 40 r- m w In 10 r ro m o H N M m o H G N N 'N N' N N' N N N' x X C C U N H r-1 ro b U .;~< r r rr r r r r r r r r r r r r r r rr r r r w r 1612 A 1 d� U 0 0 N N 4 U1 \ U) Z71 rn v X U F U E 41 H U o 0 >, o 8 `8 U w o >. N C v o ro o ro o w z U 1612 A 1 'itkT a w m w a a w P4 d N H H {� � w z aE ti7: a a w a x u a' Q� F� w w m o m A a, z w ro m Al H£ a A a �±: w F ro cc a z ro a .b W: U �.A. zaa v �3 a -4 F w ro O 0: to ;cu z o , fy r. o ...1 X 14l u: M a w ro o !<� vxawz o 0 o 0 0 o 0 0 o oo- oo. o � o in in o o o o :iM:' N N H M ::]J :: O O O.' o o .0 Ln r1 ri r{: W r-I I O� v r m. m_rn C o 0 0 0 o rn rn rn rn rn v 0 0 0 0 0 0 0 0 o o ro o o0 0 0 0 o o o. o a r N N CN N N 4 o U w r a z�\ v 84 F T N a w X o v i:4li � to U N � 1� ::.• O1 O r-I N M G � � :�:' r- r n r r a troA a 1612 A 1 11/21/2005 AP Line Item Report for Payroll Operations M 2 A 2 l AP Line Item Report for Payroll Operations Mgr. Vr�t3ci4s�ue ervcia q Pyxt ?mcstitt Clearag .> Crtg 100081 AERO PRODUCTS CORP 3,124.46 10/31/2005 2000090384 100377 BETTER ROADS INC 4,918.80 10/31/2005 2000090385 100589 CLERK OF COURTS 124,700.00 10/31/2005 2000090386 100677 COMMUNICATIONS INTERNATIONAL INC 12,474.10 10/31/2005 2000090387 100897 DWIGHT E BROCK CLERK OF COURTS 458.50 10/31/2005 2000090388 100919 ECONOMIC DEVELOPMENT COUNCIL 14,365.25 10/31/2005 2000090389 101568 INTELITRAN 10,668.97 10/31/2005 2000090390 101678 JOHNSON CONTROLS INC 6,357.00 10/31/2005 2000090391 100675 COMMUNICATIONS INTERNATIONAL INC 2,214.40 10/31/2005 2000090393 102052 MITCHELL & STARK CONSTRUCTION CO 3,787.39 10/31/2005 2000090394 102893 SURETY CONSTRUCTION COMPANY 7,500.00 10/31/2005 2000090395 103242 WAYNE WILES CARPETS INC 20,450.50 10/31/2005 2000090396 28,216.29 10/31/2005 2000090397 103795 100031 CDWG ABE SKINNER PROPERTY APPRAISER 10,136.06 11/02/2005 2000091011 100578 CITY OF NAPLES 141.00 11/02/2005 2000091012 100580 CITY OF NAPLES FINANCE DEPARTMENT 7,969.67 11/02/2005 2000091013 100628 COLLIER COUNTY SHERIFFS OFFICE 18,566.86 11/02/2005 2000091014 100861 DON HUNTER SHERIFF 1,923.75 11/02/2005 2000091015 101568 INTELITRAN 136,501.78 11/02/2005 2000091016 995.00 11/02/2005 2000091017 103795 104282 CDWG SOFTWARE HOUSE INTERNATIONAL 2,883.48 11/02/2005 2000091018 106077 APAC 69,009.02 11/02/2005 2000091019 112140 YSI INCORPORATED 1,599.75 11/02/2005 2000091020 104136 WASTE MANAGEMENT 586,438.63 10/31/2005 2000090398 104339 HEWLETT PACKARD 4,158.00 10/31/2005 2000090399 108465 JOHN CARLO INC 370,064.50 10/31/2005 2000090400 109260 WORKPLACE RESOURCES 820.15 10/31/2005 2000090401 100419 BONNESS INC 110,523.57 11/01/2005 2000090402 100419 BONNESS INC 66,278.65 11/01/2005 2000090403 100589 CLERK OF COURTS 471,840.00 11/01/2005 2000090404 100628 COLLIER COUNTY SHERIFFS OFFICE 11,195,533.00 11/01/2005 2000090405 100676 COMMUNICATIONS INTERNATIONAL INC 8,757.00 11/01/2005 2000090406 100897 DWIGHT E BROCK CLERK OF COURTS 333,440.47 11/01/2005 2000090407 101678 JOHNSON CONTROLS INC 39,754.00 11/01/2005 2000090408 103795 CDWG 12,448.67 11/01/2005 2000090409 104117 FLORIDA ASSOCIATION OF COUNTIES 116,120.64 11/01/2005 2000090411 104834 JENNIFER EDWARDS, 174,715.90 11/01/2005 2000090412 105803 WORKPLACE RESOURCE OF FLORIDA 875.90 11/01/2005 2000090414 285.00 11/02/2005 2000091024 103795 104357 CDWG PITNEY BOWES 1,050.00 11/02/2005 2000091025 112109 GULF COAST LANDFILL 30,484.76 11/02/2005 2000091026 1001 SUNCOAST SCHOOLS 173.64 11/03/2005 2000091031 1084 Fifth Third Bank 782,484.69 11/03/2005 2000091032 100419 BONNESS INC 33,197.29 11/03/2005 2000091046 100675 COMMUNICATIONS INTERNATIONAL INC 455.00 11/03/2005 2000091047 101764 KRAFT CONSTRUCTION 2,391,139.88 11/03/2005 2000091049 104282 SOFTWARE HOUSE INTERNATIONAL 961.16 11/03/2005 2000091050 104573 GREELEY & HANSEN LLC 1,358.08 11/03/2005 2000091051 106703 WILSON MILLER INC 2,336.68 11/03/2005 2000091052 101324 GREELEY & HANSEN 3,224.10 11/03/2005 2000091053 103959 MCDONALD TRANSIT ASSOCIATES INC 65,446.35 11/03/2005 2000091054 100813 DEPARTMENT OF COMMUNITY AFFAIRS 29,834.65 11/03/2005 2000091055 101190 FLORIDA UNEMPLOYMENT 3,598.32 11/04/2005 2000091059 100378 BETTER ROADS INC 10,000.00 11/04/2005 2000091063 100627 COLLIER COUNTY PUBLIC SCHOOLS 33,973.56 11/04/2005 2000091064 100897 DWIGHT E BROCK CLERK OF COURTS 19,344.00 11/04/2005 2000091065 100919 ECONOMIC DEVELOPMENT COUNCIL 12,921.88 11/04/2005 2000091066 11/21/2005 AP Line Item Report for Payroll Operations Mgr 6 t VT A, 100933 101157 103795 104919 111905 111905 109260 103231 104136 1001 1005 1006 Q T ttt C1 $Q .t3Y I. P 1t X: �tf G ! R .: X. C7 EHC INC 66,688.34 11/04/2005 2000091067 FLORIDA MEDICAID /COUNTY BILLING 687,175.00 11/04/2005 2000091068 5,374.32 11/04/2005 2000091069 CDWG HERMAN MILLER WORKPLACE RESOURCE 1,053.71 11/04/2005 2000091070 DISBROW ENTERPRISES INC 58,792.50 11/04/2005 2000091071 DISBROW ENTERPRISES INC 33,934.50 11/04/2005 2000091072 WORKPLACE RESOURCES 30,773.78 11/01/2005 2000090415 WASTE MANAGEMENT INC 23,192.86 11/01/2005 2000090416 WASTE MANAGEMENT 1,474.93 11/01/2005 2000090417 SUNCOAST SCHOOLS 145,580.81 11/03/2005 2000090418 NATIONWIDE RETIREMENT SOLUTIONS 44,286.83 11/02/2005 2000090419 ICMA RETIREMENT TRUST - 457 32,119.08 11/02/2005 2000090420 1612 A z Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/12/05 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 November 6, 2005 through November 12, 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. Corres: Date: lo 05 item #: Il T a A (2 Copies to: 1612 A U) 0 p. r U 0. N 0 :. N a m w w w a a w w a w a w w a w a u a F, ul -a w ui w ui w W w w w w z a W w w wad a. � + z � W w w w y a C < a H 24 H w O w FC w x £ O ?+ z a z 11-11 H C7. zz z O z z 0 2 f w r7 w u o H w m a in z x w x o w w uwi a w u n F" z u rD ww7 �w7OA u w E R,- F z w 11, 7 U u?� rz w a z O7H q u v a o a a w u a a u u a a u a w o Q¢ H z w a z c7 d a u H z V FC a c� >: o a z a c9 H z w z w a w Da a s �j', a a. O W z �: w O a z' ua z :x u w\ a: m w JC a W [>~ C7 H a �+. w �+ u U ci 7 a w o o z o a z a r w w w H H a z H z w w a w z W w z z z H ro: xa z a H o a a w w a w w w z H H H u ::6f U W - rt, Pq z a LIl E+ .:w x a rJ,`. a' W w W H. z 4 : W H [.�. N W .y a 7� a a m a.. a H In O w W Q w Q 7 w m o w w N a. 2}. W H w Ur w A U w FC a U W a W A W 7C af"'j U' a' 11 C0 0 H P4 H w. p [oy � ff�ryrya�l! mw o w� y wy mU�] �[yy z x H z x a u pp o 0 7H7 ro 5 w5 H w Lx H H Q: W Z H u w �Oa .a7 z O U W m H rj W U FC w z u1 z O UO 3 cQ H a a u L: a K x o 9 a w � U u w a H W H H H � 4 4 a a .z aH H O H Ul a O E m U E O W C14 w W 0 Z H El P7 Al z Z O O O a O O > O O 0 O O u U u U U U u U u u Q y .Z 4 4 .W A 0. Q 5 rO a Ln 0 IV O ONm 0 O W X AW : w cW Q� . Uw M � W l O ..cM . m d!. dl O r N 01 O Q\ O m m. M. ul m 111 M. )0 �. ri . O M M Ln 't0. O M O O' N tP l0 n r O. Lf1 m 01 M N r X -:•r:. LC1 N O dl O 0� N N Ol In O. at W rl r n d� O M m m� r n N lO r ul O r O d' M 0 r 10 rl l0 O Ol lfl m m m M O r r l0 rl. M rl W ri w Ln 111 m M' d' U) r 111 rl m Ln l0 O M. N H M L(1 rl r-i N r U1 M n. .{ O r{. r1 ri N c. r N C'4 tY1 O m rl :F A :Q Q Q Q A A Q A Aw A Q Ll Aw Q A. AW q. A� Chi A A Q� Aw A� Q Cn Aw Aw A Q A) Aw co Q Q A A A 14 co A 5 cn En in A Q w U Q: A 5 A Q a: A Q A 5 O. A a A] Q ro 111 .�. lfl -. �. 117 Ifl'. Ifl Ifl. IA u1 l0 Ui Iti Ifl to 11) to ul x 411 to 111 117 u) Ill 4(1 u) Lit 111 UT. m Lo Ifl IFI. 111 111 to Ifl 111 L/1 to to If) Ln R1 o o. 0..0 0 0 0 0 0 :0 0 O o 0 o 0 0 0 o. o o o o 0 0 0 o a 0 0 o 0 0 0. 0 0 0 0. 0 0 0 0 0 0. 0 o a o o 0 0 0 0 o o 0 0 0 0 o 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0. o 0 o p o p: CS: m m m C0 m C0 m m m W m 00 m m m CQ m m m [o m 0 m Q m m m Q El 0) .0 W al m�11 :.-4 Wrl rl O .rl N M. d' - X11 LO m . m O H N M. 'd� m 10 r m d. H N M VI Ill m r w 01 TC, D1 01 O .. O..O O O' O.O O 'O.' ri r'i '-i ri rl r-1 ri ri ri r-1 r-1 'rl rl H �-I H r-I r'1 ri ri r1 ri. ri ri rl ri r-i H rl W. rl r{ ri rl 0 0 61 0\ 0\ T 0 0 0 01 01. 0 0 O1 M a D\ 0 0 O O O O O O O O o 0 O 0 0 O O O co, O O O O O OOO 0 0 0 O O 0 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 N N N N. N N N N' N N N N N N N N N N N N N N- a 0\ o W r a W 0 N W` S N- 111 M d' LIl ID r m D\ O ri N M C to l0 [� m m O N M 111 �0 r m U? O e^i N M d' to LO r m 41 O r1 N M d' d' m 111 111 111. 111 In. 111. ul 117 111 l0 40 10 w l0 Q 10 10 <0 U Ul C X X �-i rl rl ri rl ri r-1 ri rl rl ri N rl ri. r-i r1 rl e-1 rl H rl ri ri ri r'i H' ri 'rl rl ri ri f-I rl rl. r-I �-1. rl c1 rl r-I ri ri rl H N cOi (0 CL E W 0.1 Q U O 10 O m z u .N: 1612 A 2 . a ra o p' o o N a a w w a w w w � w w m w w m w a w w w w w w H z a w no w o w a o a �C a w a a o a a H a m 1'14 N w `` x gal a w 3 r3 z. H H U W a a a U a fA a a a O E t a o a a a a a u u a z w v n w z z w H w 14 114 a v a s Z a w w z a o m v u w a a a m w a z Q a a w z w W w m w d �; act u�wwz wwwo� z a vaw a wv v z u w a u. Nz w> a x w £ W M z a w z w a a w u z Q, a a 3 a 2> w K w z w z u n w 14 m cn + w z 04 1, Z z H u w z z a FC o z wn H H w m. ou ar nwzwrawv >� w u u x w u a w u w' o z w x o n w w a r o w .a u a s U a 0 C g z F a C7 a W a O a Co a w H N w a H> w L �. n a a a z u w x H m v w w w w w o w w w w w w w w w z z a z Cl, H a w w w w w H r o a w w H a x> o u H a a x z a a x z °� o o Q w o a° r 1z-1 p w a �+ a w: a ul O x O W> Z U W W w El V U W W z. E' x z z o w ow a Z a Ls m a r x 3 A m w E° o] a z Qa z o m F w H z� a 11 z w o w H N m a a w m a a w w w a w z� '4 a Q. a- o o Ixn H a u R H x �x u a a' m m a a O O O a W a W a „ O O O 3 N z z H 1S W£ O O W 3 W W 0. a a '.1 o o a o a x w w h h 7 h h h h x z w w w w w w w w w w v v c� x x x x x x x x p po o1 Iv m k. O' O. o o ID'M' O...r. O 'O. O .O O'O' to j:; O. W. N M to W O d� 111 .0 01 111 o m r o M M O M O O W 111 O -1V N W 6w: 01 - . . rl lI. N Ill 'O N Lfl O M. W Ill 1D O M 01 111 N. Ol W M M W M 01 M O O� 10 r l0 1D rl _O o N v W W. X O T O1 0� V' rl Ol N C� d' d' rl M N tT W W N r 01 N m N r N N to d' 111 W W of r N N .. N N a' N O U :::x Li:: M CO r 10 W M lo. M dT N rl 'd' 'M .-1 w 01 M.' r-I rl d! ln. rl 01 r-1 N. W. M LI1 �o lo. r N O1 1-1. 01 ., ..i: rl r-1 lfl N to O d' M •-I. N N rJ: En Q u) ro 111... w 1I1 U1. 111 i11 111 1n to Lf1 lfl 111 111 111 lfl -1 to Ln Ln .Ill L11 111 lf1 W. to to In k" Lfl 1(1. 111 111 111 c Ill .111 L(1 Lfl 1P lfl lfl lfl L(1 411 O O. O.'.o O'.O O O. O'o' 0 o o. 0 O O. 0 0 0 O O 'O' O O O O' o'.O' O O O.'O O O O 0 0 O O O O O O O O 0 0 0 0 0 O 0 o o -O O O O O o o O O O O O O O d 0 O: O -O O o O o o N N N N N N. N N N N N N N N N N' N N N N N N .4 . W Cp W w CD CD W w W W W co w W w W w W m W w W W W w W w W w w W W W W N Q1 w W CO. fD w W m ,>~ 111 .�; '-I ri rl r1 ri rl rl ri ri r1 r--1 ri ri ri rl r-1' ri rl rl .-+ ri rl �-I �-I rl r-1 ri rl ri ri rl rl .-� rl rl rl rl ri ri r-� rl ri fi .-+ it W :.P+> fi �-I. rl "rl r-1 r-1. r1 ri rl a. rl r-i ri rl ri r-1 rl. ri. (-I r-1 rl rl. rl rl ,� ri ri rl .1 ri rl fi .-+ ri ri r-1 ri ci rl ri ri ri: rl :-� W 41 O rl N. M W 10 r W..01 W 111 �D r W 01 O rl N M VI. lfl 10. r W Ol O rlN. M d' a' V� 111 ul 111 11) In to 111 to 'n �o �o w .'D to .::: ri N rl � ri N' r-I rt. ri H r-I rl' ri rl rl H. rl r1 rl � r-1 rl. .-1 N r-I N. r1 N rl 'N r-I rl ri r1 rl ri rl rl. rl ri ri rl r-1 r1 :::;Gj;: rl ri ri .-i r-1 .-1 rl +-1 r-1 r-I rl rl r-1 .-1. rl � rl rl rl r-1 ri ri rl ri rl �-i rl ri rl r-1 rl i-i rl � rl ri rl .-1- rl � rl � rl rl ::.'('.:: p1 ..p1 01 O1 ol. O� 01 C71 01 01 01 01 OI U 01 O� 01 O O of o1 O1 Q1 OT 01 ql Q1 91 01 oV of 61 01 0? Ol 91 01 O1 of 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 O OO O O O O OO O O O O O O OO O O O O O O O O O O O O O O O O 0 0 0 0 OO 0 0 0 0 0 0 O O O O 0 O O o O O 0 0 0 0 O 0 0 0 0 O 0 0 0 0 O O Q4 rn is it .Q o .:... E W m 8 N w r W 01 O N M V 111 w r W 0 O N M 1 0 r W 0 O M C D 1A T O N M r o W w X C^' mm m'rW ro m Wm `WW m m m m m m m m: m m m m m m. m m rn m m m rn m m rn c) m m. m m m. rn m. mrn rn m ) 10 u r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r+ ro a E w m u o ro o w z v r U N U H •a o x 0 0 N la N \ v m �4 B m N �1 x U U E U O >, o 1J H 8 U O N ro � ro ro c E O rt O W z U X C ro m b La H 14 o W f� r a rn o Gq r a z � \ w o rl m v � x c P7 W FC 1612 A 2 o o. o o o.:o o o o 0 0 0 0 :0 0 0. o o o n o 0 0 o 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 0 0 0 0 0 0 0 0 0 0 0 0 0 N 'N N N. 'fV N N N ry' N N N N N N N N. N N N N N N. CO co N m m Co CO CD m co W w CO m m m m w M N CO m �. CO CO m W Q7 m W a0 N O] CO 0 N dD 0 W .W' O'O O'O. O O 0'O O O. 0 0 0 O.0 0 0 O. 0 0 0 0 0'.O O'O. 0 0 0'O 0 0 0.O O.O ::� H r-1 H r1 H .-1 H ri H ri H H H .-1 H f-1 H fi H H H H H ri H rl H ri H H r1 �-i H ri H H H H ri H rl H r-I H..ri In ,o r w o o H N M CM M 10 r W a1 O H N r�l <{' to O r CO a\ O H N th H In H r H O rd. N M W In N r N N i, m .. �. : CO m O, Ol 0? 01 O, M Q: 0 0 0 0 0 0 0 0 0 0 H H ri H H H H H H N N N N N N N N N N'. 00 ry- N N N N N N N. N N N N' N: N N 'N N ry N N N .k.l, oH1 m oH, m m T oH, ol oH, a) aH, O. m 0) 0 oH, T oH, a oH, oH, oH, o T 0 oH, oo a o O' 0 0 0 0 O 'O 0 0 0 0 0 O. O O' 0 0 0 0 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 O O 0 0 O O o O O O O O O 0 O 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 . O ' 000 O o 000 0 o 0000000000000 :00000000O00o0000000 is In to W m O H N t+, d' U1 to r w o+ O H N rh -t to O .^i (3\ m M . ri . x U - ) r'1 '7(1 H H H 4 H r I r r r r r r r r r r r r r r r r r r r. r r r n r n r. r r r r r r r r r r r U :. p: aa w a w w x w w w w a w w w 0 a w z wrC El 4x w w xu r w w c7 a F E £ H w a w q w w �...xw£ a. a w x w U : O .]'. H .] a O0 C4 „a H : .y :.W N x w w ,.a w z a A A w M Z H w w M 3 w o w w w w a a� w z w h w z a w v w Q w m: will a a a z a H H u pa u a w w w N p a w z w z w w U z0 q cn m w >a' H a:. z W w° a. p .w].a a �d w �0 w it o 2 �C U w z ww7 U E� cm W�zzi cz.7 �a�77 fJz� cc�n77 �H+ ad H a w z 0 � � � cn O C7 : Pa, W W :z z 0 i cq w x�77 d. r�C: Sznn [xx7 W raC [Uop U H a i z -U U7 cn 7 2 5 x �1 U C7 W x x: .7 FC 6 W z w x a z w w a w r w z z H a u a w z a w a a w o o u a z OH CO W El U .7 M O ..� rj ui W H cn x x: H O w in Q H E H s ro. O H: Q z H. £ a z. w W a a s H a. > W w w w a u a z 3 z r U a cwn a H.. E �' U Ea+. cUil W. A r.0 z W .] m :� 1C C7 U .-1 W x W u 1121, x IC-11) a o c7 w z a a m z a m w a w r u a a x o � e1: a w a x z u u w p n a x o z w U U 5 El : w(L' H o. H :� z° w M a H 'J �C CO M a w a x H S x x a z a w a s x w o W a aW rz+ ?. W 0 � ca n � Ct �w MA aN � W nANx C4 Q W a QuM C a u 11 w w W H a u U) u a w H x o a z 4 F w a H a a x u z n w A H z �. a o x w U o 0 0 7 W a O O W a W W W H V O W7 w1 w w7 7 u F PMS 7 V 7 a a H W u o u x a 3 3 a H H u a o4 a a a 3 x H m w w o RC a a w° x W W W A', P4 x£ a a 04 p( p W dl: W w W H. �+ : GA u U U: W H. H M. O p r.� a a a a E E E E x E z z z z z z z z z a a a a a a n a a a a z a o m. m o H o m0 r o o m L 0 N 0� o n 4w; m m C . V� to Ln ,O H .. O M th 111 ' O' H O' N . 'N lfl. r+1 . N d' r r In H d' d� rl N 41 O O M �f1 fD d' 10 O d' In O io H C O W. N N In N O1 M' T O'. H d' O, m N 'N A A Q A A A Q.A A A Q -p A Q AA A A: Q A A Q A p Ap A Q pA A A A.p A.Q. A Q Ap A p w w w w w w w w w w A:A :7 Q p p ] p 5 :7 p ] p. p Q Q p p U. ] p Q p Q A p p Q 'a 7 Q 7 a A: ] p p:: Q Q 7 A. Q Ln ._ .. ... ,...... � m in Ln Ln W Ln Ln in W �. w W �. ui W w cn �n o o. o o o.:o o o o 0 0 0 0 :0 0 0. o o o n o 0 0 o 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 0 0 0 0 0 0 0 0 0 0 0 0 0 N 'N N N. 'fV N N N ry' N N N N N N N N. N N N N N N. CO co N m m Co CO CD m co W w CO m m m m w M N CO m �. CO CO m W Q7 m W a0 N O] CO 0 N dD 0 W .W' O'O O'O. O O 0'O O O. 0 0 0 O.0 0 0 O. 0 0 0 0 0'.O O'O. 0 0 0'O 0 0 0.O O.O ::� H r-1 H r1 H .-1 H ri H ri H H H .-1 H f-1 H fi H H H H H ri H rl H ri H H r1 �-i H ri H H H H ri H rl H r-I H..ri In ,o r w o o H N M CM M 10 r W a1 O H N r�l <{' to O r CO a\ O H N th H In H r H O rd. N M W In N r N N i, m .. �. : CO m O, Ol 0? 01 O, M Q: 0 0 0 0 0 0 0 0 0 0 H H ri H H H H H H N N N N N N N N N N'. 00 ry- N N N N N N N. N N N N' N: N N 'N N ry N N N .k.l, oH1 m oH, m m T oH, ol oH, a) aH, O. m 0) 0 oH, T oH, a oH, oH, oH, o T 0 oH, oo a o O' 0 0 0 0 O 'O 0 0 0 0 0 O. O O' 0 0 0 0 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 O O 0 0 O O o O O O O O O 0 O 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 . O ' 000 O o 000 0 o 0000000000000 :00000000O00o0000000 is In to W m O H N t+, d' U1 to r w o+ O H N rh -t to O .^i (3\ m M . ri . x U - ) r'1 '7(1 H H H 4 H r I r r r r r r r r r r r r r r r r r r r. r r r n r n r. r r r r r r r r r r r U 1612 A 2 .a fx � O7 Ln Y \ N rn w m ce rx w w w m m El w a a w z a w a a w w a w 0 C F z C) w w a z w w F w E z U !� .7 W .7 .7 >+ U ul F 7W+ U N O �. a g co F a m o a w > z a ) a Uyi (� [". a: .w -1 w w w o Q U [Nip z cLn: a7 W F W ay H w a o- O�c F C� u � � . a Cl) a z z .4 L7 w >+ w z >+ � F u o z 4 z u F w r a °a u z z a o u z H w a a o W w x 4 w w a u cn 01 Z © a o u ° o F nz w H c o 0 z a z a z� cn w 2 a° x 8x Q w w a ct a a Z w w w Ea ' F a ° ua Q F Wa El H z o g F ow ° a h u w a Q y o w H a N w N 04 co w a oo U w0El h Uo a o w o z a a o as ca w ow z F z z z o w p U o a o w w w z a o E+ F r u W U£ W Q 2 a w l s z m w H x m n m 4 - w o W w o X z x z ° a w u a w aw w om M a a x m w m V) cn (1) cn F F F F F F a E+ E F F h w -O m. N' O O. O d'. d' 117 In O M tfY ri 'm O.ln O' O O 0' d' O..O C:Y: w :O M w r O m N. O N m O m V� ri O U1 m ri O r m ill O 0 U) O m m a' O N O H O N r O I/1. is r-Im. O L(7' M. m m m d' R. M h O O'. O M. w w :-1 [v d` N N m O r-i W Lfl m M m m r-I W m r-I In M m O r r U r w 117 w r N In w. -1 r. to '-1 r1 W N rl O N- M r-i In 1f1: w m U7 U1 N r-� m �-i. N M If) M m m O N RG% Q Q Q p In Q g q A Q Q CY) co a R q Q Q q W Q Q q W w Ca g Q Q a p q Q q Q o Q A Q o o Q U) W Q a Q cf) In ll) 11) L(J. L(1 U1. m If) L, � N u). Ln 0 to In LP Ln u) Ln fP '.ln L(7 U1' In k'1 In U1 11) In Lf1 4(1 In Lo 111 0 0 4n L(1 0 0 0 0 0. o o. o o o -o o o. o o o 0 0 0 0 :0 0 o o o. 0 _0 o o o o O o o o 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 •� m m W m CD m CO m C11 m m m OD m aD m m m 00 m N m m m m 1'D m m m m OD m N m C0 m W: m m m CO.. F M \ \ \ \ \ \ \ \ \\ \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \\ \ \ \\ \ \ .-i ri r-1 r-1 rl rl fi ri �-I ri r-1 r-1 ri ri rl ri r-i ri r-I rl fi rl N H H ri H H .-1 ri rl rl. ri rl r-1 rl. rl r-I fi r+ .-I ri In .: �.. ri. fi . . . . . . . rl . . . . . . . rl rl. ri .-/ rl rl- H � ri H H rl' rl ri iJ �C�VvO11 '.:PI:: L().' w r m m O H N M d' In w r. m m. O w M h M M M M M M M d V d d d d C C d d m n In to f u w w w l0 w W w 0 w w h r 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 ':: k,1:; f-1 ri. rl. r-i r-irl rl iii rl rl. rl r-1 ri .-I rl ri rl e^1 rl r� ri -ri r-I ri rl � r� rl �-1 � rl ri. f-I � r-1 rl r� :^/ � � ri � � m 01 m m T m m m rn m 01 m a m .0� m 01 m 0 m m 0 0 0 0 O O O.' O O- O O. 0 0 0 0 0 0 0 0 0 O. O O O O O 'O O O 0 0 00 0 0 0 0 0 0 0 0. o o oo 0 0 0 o o 0 0 0. 0 0 0 0 0 0 0 0. o. 0 0 0 0 o. 0 o 0 0 o 0 o o o 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (V'. N 'N. N N N N N N. N N N N P4 m 4 O W r a W C o I i Fi >4 N N. 8 v. : In w m m O ri N M d' N w L� m m O �-I N M d' In w R m Q� O ri N M W 111 w r m m O .-1 N M d' 111 w R w. w w t -- r r r r h. r r c. m m m m m m: m m m m m. m m m m m. m m m: m o o 0 0 0 0 0 0. 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 o 0 0 0. o o 0 0 'S' JJ U :��: M M M l M M' M M M M M M M M M M rl N rl r-i. r-1 H rl r1' rl ri rl H rl H ri r-1' .-1 H rl N ri ri rl N ri rl rl ri N rl r-1' r-1 rl ri rl ri H r-1 ri rl ri. rl H. M a w m Q f r r E O 10 O c11 z U 1612 A LO a. d O +; N a w a r a a a a w z w w ca w a Q w H W H Ul n w w w X Q 04 El W r`H' a a a A a z u w g a° z w u 0 El a vxa �wc�N awzw a w H O x H F O z Ea p, E. O£ a z U a M a w w a m w Q w w c� w a u w a w w n a o w w z w z 2 z �. oa w z E+ 2] w H w E+ Ei w w w t7 u x w a w a F o n w w G. E+ H a x u a w a ° mw F fax iv° dw° �Z a ww aow a Eamxww u�UO w�E +a z uwzE a� m u w¢ m w a w a q c7 v. z z a w.� �. w w. b W. H a W H W m H a. H U E+ E•. z a W i C7 W x w. 1za 0 a z a u w w E+ H z a m m s o a u x z Ei Ei w a m n u H a o z a z a w m a u z F+ N w. 'z, FC x W O W W z Ei Q w b H f1 �Q x W x m O 41 W a W w u a z w U H a z :-H: u a W a w a w w u w a H r o W H a� w a a a .s a xn Z w w w o n w z u x u H w w a H z x a a A x W a ra; p m� o w o H z m H ] a U ���Md"ti�Zzu�5az�H3u��xE�a��H zz IH >C W a a ?. W w W C7. x PO U w 7 0 2 H 3 a H H W U a W O Q H F a +�: 1Ui `L ] O [n ra H W w a P O A E+ P. W 3 `� a! 3 JaG w x RC o co a a x E+ z FC u a cwi w z u w m b r a Q a u a w w a°° w A a H m m a x w a a a u a a N F w H p w w ro x m ¢ a u x £ w a E+ x z w H a a { sp a w a7 a x a H w E+ w U fa ' H w > w cUi a o w w a °a w z �C o F� zo w w.w �. 'J a O w 0 0 r.4 a x w a m E+ a Q w a w w u co U c x u E a> w w h a w 7 w w u a x z m ca Ea u a N' N' O tll d' Ol 0 O O M d• O n O O O M 01 O N m Nl0 O Ot r 1p O 111 d' o. D Ol O l0 O. m l0 �D O Cl m O lD M M r Lp O m m m O to 111 d' Ol �O O r 01 O N Ifl to '0 al O N O' O 111 Ol O D\ al L(1 m m Ul H N O N ID C O Oi In N M M M r m O m N X w.. O M a\ N O1 01 H N H d' O O O d' T l0 1p N m M M m O1 M 41 4o N N �0 m ul lfl Ol tll V' l() N tP 111 N .-� Ul' O 'N. d' ri m 1D O M d' M. r m n H H rvi H d' N d' N d• M a> C N .0 w. Q.A A Q. A A A A Q Q Q A Q Q A Ln N In to to m m L(1 In U) w m 0 Ln w 111 Lo Lo In m ill m 4(1. tf1 ul lfl U1 Lo t11 In 0 0 0 to 0 to 411 1I1 0 L(1 111 tll tP 0 In Cc, .D. O '.D' D.' O. O'.0 O O. O. O O.'O O O 0..0 O D O '0'. O O O' O' O "d O O O' D. O O' O. o O O' O 'O O O O F ''jj Ory O N ON ON ON N N O. O O N O O. ry. N O O N. N O O O O O O. O. O O O O D O OO � m m m CO- m W m m m N m m m m m m m m m CD m m m m m� m m m m m OJ m m m OJ m N m W m N. m DO O O O O. O O O O H � � r\-I H .\H rf r\-i r\-1 � � H � r\I H H H H H H H •\-1 � H r-1 H H H H' •\-1 r\i r\-I ri H r1 r\i H H � r\1 � H H � r\i r\-1 H rl H H ri H ri r-I H H ri r-I H H r-1 H r-1. H H rl H H H r-I ri. r-I H .-i rl H tll ry H lfl o N. M d' 111. �O n m Ql d. r1N M AO r m N N N' N'.' N N 01 _41 O> Q\. Q\ 01. Ol Q\ 01 01 01 61 01 01 01.01 01 Q\ 01 01 01 01. O1 O1 al 41' 01 0\ m 01 01 41 01. T 01 m Ol 01 01 T O1 Q\ 01 O O O. O O O O 0 O O O O O O O O O O O O O d 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. p o .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 0 0 0 0 -. 0 0 0 0 0 0 01 :`f�:; OD OO 0 0 OO OO O O O O 0 0 0 0 0 0 O O O O O d 0 0 OO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N' N N N N N N N N. N N 04 N N N N N N N N N N N N N N r a rn o 471 r a .::i::• Z 'D \ w o 0> O ':W: U 0 '.:. .. v m E m 01 O H N M C 111 �0 n m O 01 O r� N M d' Lh t0 f� m 01 H N M d' 111 ID n m O� O H N M C 1f1 �0 1� m 01 O ri H H'. H ri H H- H -rl. N N N 'N N N. O O O O O O O O O O O O O O O d O O D O O O O n O O O O' O O- ° u a c a. a c c v' w w d! w w w er a c- a• d• w ro a E m w o rts o m z U 1612 A2, -7T O N w w w fy r w ° 4 U x a a a w Uwa 7 1 a o ° £ w a w r•C H E" u Z E a w x a a zz J a O w £ H a w z s w w a o a w W 3 a a a Wx a u a a U �-7 E F W "� Pal w C7 k H W w w. U Ga. ° H. w m w w w o a w z w w a z z �z�au`� m n�z] O w z 4 w w A w o o a w z E 4 a a x a z a 134 4 a w m a u a a w m a w A a A E c0 a s ' z a o w z a a x w o 2. t!1' £ 3 W a a ?. W b cn F 4 ro £ a w a o a a 4 w m 4 w a Z U a a w H z z x W� a a w w E o o 4 z 2 a u U z H w z Q? 4 m a o a z H z E o ¢ w z 1 E w z w o o a o o z 4 a E 4 4 z a u w o 4 W a w a E z a w o �Z z 1212 o E x a E3 Q N w w o Z w 4 w w w w 4 u 4 w w O x w o a,� w w m w a u w n z> m H H z 4 O Pi �' 3 '£ a w w h W F 4 4 w a A E U ai z F u o a w a F H x a F u z w a 4 C7 O :�. F U] F4 E- Q U x E O u v N w r y a w H w z a a o m H F. w w E w H ' Z. o F£ Q z w a F E A N 4 u z A w :z a AA o f zo w o x a wa o w w H w w ro w as w x w w o w w i' m. F Vaal 4 h 4 a. U. 4. cn w h p m cn 3 S A Q w U h P, Q x w a s C7 a. x sk U: E m a:: o O. O.. O' O O. N' m d' o O M' O 'N O O d'..r O fT. T O Ql O' M Ci O O O 'O O O' N.'M tT r O� r l0 O m l0 O M tl' C O M 10 r O O W O rl O O Ol (V O Ol Ifl o M O M. O O h O. d O O N . N O Ifl M _.Ill O r O Ifl O M ri H. N Ill O O' O Q• O N r O d'. m Ln X '� tP N dl. O lfl l0 r V' � M M M O M O M O O O O r r t0 � -� ���� '"� � m� S O N :N M N O 4• � O p A. Q Q Q p A A A Q (Q C) A A Q: A A p. Q p: Q A Q ll. Q Q Q Q Q C.1 (Q A Q Ll cn A Q: C :<4'?'': ] W W' W M. W W. W A.W'�. W W :W W W. W W W..W W W W W ] W W W W W W W A W W W. A N Ul. In Ln llT. lfl 4n. m n m 4l1 to N m L. m U1 0 � Ul. lfl Ul III lfl to ul to if1. Lo Ln Ln 4(1' LP 4l Ifl Ifl Ill trl 111 u1. 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 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 .: mco m m m CO m flD m fD m 0� m CO m m m Op m CL1. m m m C6: m OD. m m m m m �D m m m f0 o o O Jr. + � :�. .-i r'I rl ri r-i r1 rl rl ri. t-i rl rl rl ri ri rl fi r-/ ri rl r� ri �-i rl r� rl ri rl rl � � ri rl r1. r-1 ri rl rl ri ri ri rF .-1 r. w N H N N N N N N N N N M M M r M M M d C d d d d d d C P 0 0 p 0 D D O O1 01 Ql Ol 01 O? 01 91 Ol O1 01 01 Ol 41 01 01 Ol D\.. Q\ Q\ P? Ol Ol Ol 4\ 01 Ol. a\ m Ol Ol a\ O1 OI T Ol Ol 01 01 Ol 01. Ol Ol '.O O OO OO 0 0 OO 0 0 0 0 OO O O o 0 o O O O O 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 OO O O o O'.O 0 0 0'O O O.O O'O o 0 0 0 0 0 p O o 0 0 0 0 N N N r a 4 0 W r a i. Ln w o 4 E W �Nj Qf 111 D h m m o N M Lo Q m Ol O N M l(1 lO r m O O N M m m: m m m m m m. m Ql m m m m 0 0 0 0 0. o 0 0 0 0 0 0 o 0 0 o o o0 0 0 0 0 0 d o 0 10 { r r r r r r r r r r r r r r r r r r n r r r r r r r n r r r r r r r r r r r r r r r�6 CL E all a] U O ro O w z v 1612 A 2 m d .. a u. o a w a a w z x w a w w w c7 a In w w a a W W W co a C14 W �. a m w o o x u o H a w u o w a o a w 0 w u H w a w x a a w a o a s a� w z a w o u x Wn a a z G. F 3u r0 wowH° aFZa H u uH ao a z wX W H F w U'a ZaQ W a Ww.Z-1, : : RC a z W FL zU Aa 3 � 11 3 . . H z 0 a () W W fn O k 7/l Z a U z w �FQ O C 04 w Z F:4 u H 7 (4 O a .z O W a rj ] a wO u z a 0. n W vz m F W ua v a z o O r w U W N � W x W a' H El a H O v U 7 W z p O a H z w w a � £ Q' aa�auow�N�!�:(Jf] �uazQ`�awaz n�a�B�ZN 3 El Q a a a x o a U a O 9 J. 114 u o 0 o W ?� a W h 0� � 2 O z O Q z Q Q a x U u z U F z . o z. O w Q W H a O W 71 C7 W a W x w> W W C r w O: a Hm x a [>~ U cx z a a' u: a W� a H u z. z Q q w w x C7 W x] Ol a Cl O. cA N H. a U CC x tl�i ::: �. N : 7 2 a CO F 7. > ���CCC :O S ..FC .:E Rl H C7 a w O C' O . r O O n M C r O. O' O O a'. O. C O m m O 'l0 m O O O r m O 'O d' O 111 M to O N d' m M H 0 0 0 0 m 1p : m O. H 'S O O N m IIl O O 111 . O O O �' O m H m N m O 10. O O r O 'O X d' N In m m n: Ifl ID O lD N m N m N m 111 to M ul C L/l tD �O �0 m O M m O O r ul m m lfl r M m' O N m n rI H N M Ill lfl m d' d' H :n �0 ri d' H Ln N N O m d' N lfl I m -. 10 F g q q A QW q AW g q Q A q A g q A Q Q q A q Q A A q Q A� A Q Q Q Q Q U) w Q g w QQ A cn In q Qm 0 ril U :w ] O 0 .:7. p ] ,7 �D � ] . U ] '.D � '� `J � M a ") 'a 7 a 'W«.?' . p 'J O `�� w O `.�. ro L(1 111 II1 Ill- 1f1 m 111 w m w Y 7 Ill 111 m w III m L!1 lP tP m. m N Ln Ul. Ifl lfl L(1 111 Ifl 111 111 4f1 lIl lil Ifl Ul Ill Ifl 111 Ul 0 LP- t0 o: 0 0 0 0 0 0 0 0 b..o 0 0 0 0 0 o. 0 0 0 0 0 0 0 0 0 0 0 0 0 y; 00 0 o o o o 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o oo o o 0 -0 o o 0 0 0 0 0 o a o ,� m co m m m o? m w m m m m m m m ao m m m m m m m m m m m ro m m m m m co m m m ai m m m m m m H M �' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m � � :: � H rt H rl H rl H .-I H r{ H N ri H H rl H r H r1 H ri H H H H'. H r-7 H H H rl H rI rl rl r1 H r-1 H H fi rl m m O H N W m m 0 V f r m m -41 O O M h O O O O b O O O H H m m m m m m' m m m ..Ol m Pl m QT. m m m 0` m m m m m m m m m m' 01 01 m 01. 0 O O 0 0 O O O O O O O O O O O O O. O 0' O O O O O O Q�+J 0 0 0 0 0 0 OO O O 0 0 0 O O O O O O O b O OO O O O O O O O O O O 0 0 0 0 0 O O O ?j. 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 N O N O N . Q 0 N 0 0 N 0 0 0 0 0 0 0 O O O 0 O O O NN N :G: N N V N r a m O :. W r a > z � \ w o Qf ul 8 O p m o N M 0 n m 0 0 N M LI) l0 m m o N V 0 m o N r 0 n m ColE> O.O. O:.O O O 0 O O O O' O O rl rH-t eHi fH-1 rH-I rHi-I H-1 rH1 rH-I �H-l: �N-+ rN-1 ,N -I ,N -I rN+ rN-I �N-1 rNl rMl: rMl .M-I rMl M-1 :rMi rM-I �M-I X u.: w a v' w aI. w w w v' a'. c r rt a E r r r n r r r r r r r n r r r r r r n n r r r n r n n r r r n r r r r r r r r r r I O N O w z u 1612 A 2 4 o �D CA El O w w H Ks a w z w n a a Q. E w w a Q m o F a z a Q a Q W 114 0.i w can W z z Q C7 H w j W w a iii W W U z F a G, W ] W n a a E z c7O N 7y w .-7 O O cn z m cn w7 :a Q z Z O z F E F 04 W U. x W 3 .7 E 8 W w W cn W f� z H w W Q 00 W Qq Q Pa.. a <. a: z w w .7 a w «w7 Cl) 2 F a U m Q E W' U a .7 w w W 0 Q a w :Q a Q- Q w' a U H Q CJ z w U] a W z ca a w n m x z W w z w z G z w m u m w a co o v w w a m w z o s� z X w Q a x� Q W g. m z .7 m z w >+ E a P+ Q a O �-+ E a x a a a (a W w H E w z cn 3 cn u m z w a w w. H. a E u w H a a Ew �a aQ z z z �x Q o w z m w E a H M m a a z 114 a a a ca �. w H w w Q w E w z z u m m z o a z u w E E x o z m z z o x x H w x n w E 3 a w E ur w w o w x Q Q a o Q x �a x E a H w W M Q o o z a zz w H o W Q w �a a Sz D a 1"1 a Q z w w o o z °n v u m n n Q u a a o w w E v w w H Q Q o z w m Q Q r o z a Q W O 3 H H- Q Q w W fk w o a E z a w m w E o E o h Q H H Q a w o m w z Z a x � o a F a w a a w w o a a w Q z x w a a O Q s n a x w Rm ' Cw A Cx D z x CQ x PA �-I {3 Qa i H o a . W o O 0 0 W W P. �� a h w N u A m u . o ui o 0 0 0 m o 0 0 o o m m o N to o w o r w w w o 0 0 0 0 o m o ui 0 to o' ul ul O Q\ M M r-1 H m 10 1D O O O m N H M r 10 O Ol d' .-i M al LD m M m d' 10 ul n n lfl r d! O O 01 m 10 O N d' m O m V� H m O 41 M O N n lf1 -H U i ul 1D H O M W N u1. H N M M 'N H to 10 W M l0 m N O M H rl M 10 V' f'1 M M O W lft ri M H M N 10 ry u> M O W m U N W Q o A a a Q o a ca Q ca a Q g A a q A ca a a Q a (� ca a A ca ca ca A Q o m ca W W m co m Q m Q m co W ro ] W z cn m w m m w m m '� `„� ."7 :�. `a .M. .'"7- "✓ ] .h- .'J. .7 `.� z7. `.� �. ] '3 7 '4) . ro ui Ln Ln . .w W u Ln � �. Ln O n OW O m u> ui W m ui Lo m m 'Ln ui 'W m ui W u mo 0 u0 i . m0 00 00 00 0.0 0.0 00 0.0 0 O'O.O 0 0 0 0.0.0 0 0 O O O o 0 0 O O O O OO 0 0 OO O O O O 0 O O O 0 W i0n .u0 , m 0 .u0 i O O O O O 6#: m m m m m m- m ro m m m m m E. M :JJ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m In -. to n m. D\ O- H N M C Ln w. r m m O. H N M d' Ln 10 n m m 'O r7 Q' d' �' d' d' � � d' m d'' d' d'. d� d' 1' d' V'. d' cM. d' W C C d' d'.' d' C' W s.� V� V' d' d^ d� :d' I-i 01..41. 01 d• m m CN m 01 Q\ 4\ O\. 01 o1 m m m 01 al m 01 01 0� 0� Ol O? O\ m m 01 a\ 01 O1 D\ Q\ a> Ol 01 O1 T Ot 'O O O- O O O O O O O Q O O'. o o o -n 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o o -0 0 0 0 0 0 0 0 0 0 0 0 0. o 0 o 0 0 0 0 0 0 0. o o. 0 0 0 0 0 0 0 0 0 0 .'IC%y:: N ry N N N ry N N N N oN N N O. O N. O O O N N O. O N N N.. �..� N ON ON N N N N N N O' O O o N O r Q O z to \ s4 S: ��a) N 1� k O 1 N M 0 n m O O N M n 0 r m a, O N M 0 r m m O 1 N D n m 0 O i N M ,N U � :p Ln ul u m m u m D 0 to to Q 10 w : H .r-+ H H H � :� O m rl .' '-1 r rl H ri H ri r-1 H H H ri H rl ri rl W r' r H H. r1 N H H H H H H H rl H ri H N, H H H 7 .-Ui p, N N U .0 >i r r r n r r r r r r r r r r r r r r r. r r r r b R. E W W Q U O ro O P7 z U 1612 A 2 l .. o cx S} p d: 0 0 o N N it W W. O w a a x a r w O : co W W 04 04 M m m O FC ° H H m w a z E x w H u w a s o u w v x a a w o w > w F a4 7 u m O w U n u m N F M x ro: F H x M] Q w z a a w u x a w a a Q w z F w z w r z a m z w a a a o a w w w m o a w a o n w w M a a a a H o w z a a a w F Q a s -' a w a M a w z a w a m ::::R >.. z a. H z 0 z 2 �U+ z z :z U 2 x w M a w 2 6 o w z w. w c7 Q. o m c�1 C a Q H u a > Q a z x u 1414 H Fi n z a d: o o M x M w z u a m z M z a M w z o w w z z a w w o ri: Q U (x A fx A. x '�+ Ck : (.�' U "✓+ U `.� mw Q: Q z w zz w oCl� Cu] w w ww[c� z x w a mw w a Q�7 u as u�yy E z w w FC4 0 aC Z a a r2l ° W a O £ Q U U 3 zEl : M x . U Z rE0 z F z 0 4 z a } + G U O O z z . n H o w O u z o x o o a z a o z u W u z a z w x F U W U W n a a - - pC H a Q � H E Q a o o o o a w o x w w w wr u a u O [n M F W F z W cn H : : cn 0 O N O O'. Nf Q? O O.' t`l _�. O. M m' to N .'.O O d\ O CT. lfl m O. O. r1 o r 0 0 0 O O r b 0 O rl 0 0. O' O ;;:�;j:: O o o N O O m n M o. i"1 W O m L(1 R O W �D N d� -O O O N O 111 o r 0 0 0 rl r Giy: .?•:�: Ill . 01 o t0. O O.' t+l d' In m Ln t+1 T m m m- N . N rl ' M O r-I. t+) . N Ol r . Ifl tfl. O O1 r cN X N d' Ol If1 O O Ol N N m r lO �O M o O M r1 Ol m. to 01 M r-I r rl. �O N m rl N rl O Ill N ri 111 � f+l rl N ID N C N N' b S'i ri Q Q Q A Q Q Q Q Q Q(n Q c) Q Q Q Q Q Q Q w g ] Q�:) Q 7 Q :? Q :D x� Q x Q Q x] Q z 5 Q Q x x Q Q z] x ro In ul In m ul Ln ul w In In vl ul. In m m In m ul ul m m In m In to in In to In ul ul to In ul In ul In In In tn. In mn W ' o o. -0 0 0 0 0 o o o b o o. o o o o o -o O O o b O O O 0 0 0 0 0 0 o 0 0 0 0 0 0 0 b O O. O O 0 0 0 0 O O O O O O O O OO O O m m m mm m m m co m m mm mm mm m m m m m m mm mm m m m m m m Fr'1 j„} O O O O O O O O O. O' o o O O o o O O O O O' O O i--t. N C In W r CD. Ol o. ri N �+l <M In l0 r CO 0� b. r-i N r+l dl I.fl lD r m o rl N f�l V' ill �O r. m O� O rl N l+t u, ,..� irl m io w �o �o �o r r r r r r t•^ r m m ao m m m m m m rn m rn m m rn rn rn m m 0 0 0 0 �..� H H Q\ 0\ 01 61 0\ Ol Q\ Q\ Ol 01. 01 Q` O1 P� Ol Q\ 01 01 Ol. 01 Ol D\ o o 4\ Ol Ol 01 0 Q\ D\ 01 Q\ Ol o a\ o 01 Ol 01 Ol O\ 0 o o 0 0 0 0 0 0 0 0 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 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 O O O' O o 0 O. O O O. b O' O O o o 0 0 o O O O' O O O O 0 0 O 0 o O. 0 0 0 O O O O O O O O O O O O O O o O O O O O o O N O O d O O O O O O O O O O O O O O O O O O O O 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 O a rn _ 4 0 E o � N w c, o N r�l a In r ON p.N O.ON NN N N N N N NN N NN N N NN N N. X u.: m C X X i v :: ��� -+.:I ,w•r. wrl ,�-+.: ,�-� ��•r: .�-a: ,�-I ��i .�-i ��i ��i ��i '�i N .�-i ��i. .�i ,�-i .�-� .�i .�-� ��i. ��i ,�-I .�-a ,•i ,�i ,�i ti ' N N ti u U m a E w m FC o lu o m z u .M: 16 1 2`A 2 C, :D a 3' a- w a x � a a p H w A � w a w O w w F w z a U z wz a 'l. H W iw7 E W W W W a Fa-i P,. a Gl CAA 0 E+ U ti z z w z E H a u w O H z z z z H w w rt U o c7w U H E m H F a x Q 'm z F ua x O �w a oRam H U aU z wO z a u H H z a w w Zw Q . o a>> w a u z z z7 a s 2 n m u a w ti x RC z c� z x a x w w H w ro U a. O CL i RC x cx 7. H RC w z a rUi U `" H Ul 0 a W rF-I. a s L7 U fk d!. w z x w H z a] z z z a Q a w w H Q o U 7 ro x N x H x RC w w o z t H W H ?i W W H f1 ri W rC �. 2 w.w a0 H£ H U a -� W° O P. U z H W. Q W PO. O. x w H Q w m w z> u w F N a u m w Q w a ro o a x F z w a z o x x H a a a N a z o Q u w x x Q a z u U w w x Q w w o 9 R 2 a� a w w h o m w Hx a N o a w F w U a W Vi. Q z W. U 3 H 3 co W O z. CA W z FC '-' p H., CO U¢ H U RUC a U H w +� H a �+ FC G O£ "1 O O H rM E W d H. W Ul H x. W: z Q F a (H!] U] h H (� W R: P' RC m a N z w W a 3 7., H O 2 O 3 z a4 X s•, ` U .7 x cn w W W 2 a F c.>: a a m w �2 z H £ >+ r7 p .. V1 rj 7., S �„(. x w W a x Pa+ 0 a C4' H 7 O x U a W O of P... o H �-•� W O P4' RS W H C7 x U H. H t71 W U U RC U U GO r+ a Q H� H cn 4A. m W.. m : %{ H O. U U' w �']. R(� a x a: El U .'� �7. Ul ri) , O O O f . O , O O O O r O N t1 . . . . m W .: 111 O N N N M N r CO M r 10 d' �. d' �. O m M O 10 W r CO N 10 N M to O O m 1.(1 t0 M [I1 [O IP X .: O. m M N Ifl M' m m N N N M Lfl N.. m ri M 111 N r m O O m m O r ri w O" ri M N N rl O l0 M m 10 N M O U ' M M N ri N N. N. N N r M C� r �9 M. tP N Ul d' Q In N '"( m O. N O U) N O N N d' r &:: Q Q' FA cn ',� 5 ] U `,.-) W. U U � "7 ] U D q .'? `.� 'J ."� 7 U `.a. ] U 7 ro 1f1 1n Lfl 1f1 111 1(1. L(1 (f1. to U1 t0 �. l>l lP m to In t/1 Ln 0 tP to m Ln tll In In Ul In N Lfl Ln. t0 Ul � N. 0 o tP to to 0 P7 0 0 O'. O 'O. O' O. O. O' 0 0 0 0 0 0 O. O' O 'O. 0 0 0 '0.' 0 0 0 0 0 0 0 0 'O nt: ON N N N 0 0 0 a O O: O.N ON iJ E OD CO m W m m m W 00 tb m m m.. m m m c0 OJ fD CD m Q W 0 (0 Q 0 E., ,.� i.1 0 0 0 0. o 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 C) .\-1 y) co "Cki; m m �` � r. m m o� N M. w cn a r m m o �. N -. M w In. 10 r w O b O O O O rl r-1 ri .-1 r-1 r-I r-I r-1 r/ N N N N N N N N N N M t✓1 M rh. M f+l M M M C d' d' d' dl d� m' d' V' IP �. Ifl ifl In U1. m In l(1. lP m tP IP' 111 'Ui to 111 IP 'LP Lfl lfl L[1 In IP m w In In lfl Ill ifl LP tn. 111 Ln tP �. Ifl to to lfl 10 tJl m ri w U) r-I i-i rl rl ra rl H r-i ri .--1 r-1 H v-1 r7. r1 r r1 ri r-I ri. ri ri r-1 `-i rl ri r ri ri ri m m m O> m m m 0\ m m m m. m 01 m 0\ m 41 m m m D\. m 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 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O 'O O O O.O 0 0 0 0 O' 0 0 0 O:.O O :p 0 0 O O 04 01 ,y o w r a Z o Q E W U oi: 0 iW O O >1 C :m O '-1 N M d' l0 l0 r W m 0 �-1 N f�1 d' 111 10 1` 0) O rl N M d' lfl �0 r CO m O .-1 N M W lP l0 r Ql O1 O U N 7 N N M M' M M M 'M M M' M Pl C.'d' tf1 111 0 m U1' to In m lfl Q \0. LD. LO L0 10 ID. lD <D r 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 (V N N N N N �i r�-I H r�i r�-i N' I�4. ,�-+ r�-I ��1 ��-1 H H H H . H H � r�-I r�-I r�-1 '�-I H r�i `�-+ i�-1 ra-i �� � -I rl H -� r�-1 '::� r r r r r r r r n r n r r r r r r r c, r r r r r r r r r r r r r r r r r r r r r r m a E wro aroa 0 m c m z U r U N !N W K O �D W Ln 0 W .. .. N ?4 N \ v tr N Sa x U U E Uo >. o C W 8 w U O >, N C m Q E 0 10 W z U 1512 -q 2 0 Ui w H N w v H w ° w w u° - p o -1 a PI P- ra0 (0 W W a E a x u Q r14 a a z z a b P o v ro £ w w w u a z v H b a ro m o z z w ro a c a z z s o. x o Q o a r E ro v. v u ar A a a w ro a w o a ro a u a a u W m m c7 G. m W z w w g C w z a o w a w w w a w 3 W H a m v a w a u o a u m u a o z x z w a m q v v a w cn 0 u w a G v m W m a m w u v a -.N o El w ca N U) '. rl N U w W u 'C m ro ro w a o m u a x x m w v a a ro ro a z u a w a W a u a u u m wFl� w a u W u z w o u H o ro m�,aa�w zzw Ax waa£zro> m a a v x£z zaaza x x� h� v u a 10 P , v v u a a s4 - m W W W z a W W a H CO >. � L V' v a v o A j a x o a v a a a a) v v z W A o n, z m 0 a w a a ro u. m >1 v z m W v 10 a W w W o a m w v z cn W w a x o h CO u a m v C! z 0 W >, a v x a �4 z v m s� Q > E m- a s m x W w z 3 N M M X O ro C7 w C (a W W 0 E x W W a) c4 W W z Q U H a a W z z 0 k w. ��aYiz 8z co v ozvH�aQ� axi8 8�� ��b"�' o`QaFZm °Hw W. > a >+ £ N£ ro t� .k x W W Ul U W a v: a s C H z �-+ a s m u a N O F ro Q O E A C u C U F U S, C w W 3t .Rl 'M: . O U' Q b w. a a E r.� C N m PO a x a£ r+ a 'O a U C O ro rt1 r.0 U N u E O 0 3 O d ?4 v H TS O 4J a a 0 W w z p, 7-. a' a w: a s O z Q£ O 1N -Q CM 7 o O H O O O a 7>+ (0 O W a N d v N m E El S4 (1) 0 W Q a Ho o � sv 4 EE u: w� W m t, E u> m s, w �, r z W H Ill W v 0 N 1-1 E W m U u >1 u w av °3h h £ : a % U U U U W W W CW7 z z a I £z z a i F >< U Q. 1D "m 01..0- m m w 0 v O m 0.'. O'. o 'O m 0 0.'.O 0 IV M m m 0' O. m O m O d' O '.Ln o 0 O 0' 0 O O O W ;; .01. 01 M W :O M m N O O Ln O O O O m O O O 0 01 m m O r T O O O O O N O O O .O .4 . . .W . . . . . . ID U1. -T H. W :0) W m M: CO W O 0' M: O 0' M a m' 0 0 '.H' m. M 0 0 m O m.' o r 0 01. 0 M 0 0 w 0 0 0 :'A '' V' N r N r W cV r1 N lIl N m 01 d' W to r tT O N 0 V' O O D In Ln r d' N m 11 Ln 0 m 10 m O O 0) : N cal to N N LD : N Lr) W m W :.0 O M : m N : H W H' 0 o Ln N Q:(n x m m m m m m m m Cl) m Cl) m m m m m m m m n m m m n m m m n m Cl) m w m m m m m m m m m m m m ul rt :pia:: ]..Q. Q 7: Q Q: Q 7. Q Q 7� Q Q. Q �. �? Q Q Q :Q �� Q Q Q Q Q �: Q Q. Q Q: �.:Q 7� 5 Q ] Q Q Q Ln mn m m m Ln m m Ln Ln un u) Ln m m m Ln Ln 0 M m m m Ln m m m Ln m m U) m Ln Ln ):f) Ln m ui in Ln m Ln u) O O. O'. 0' O O O '.'O. 0 0 0'.' 0 O '.0 O 'O'. O 'O. O O. 0..0' O 'O O O. O '.O' 0 0 0 0. O' O O O O '0. O 0 O 0 0 0 0 O O 0 O' 0 0 0 0 0 0 0 0 0 0 O- 0 0 0 0 0 O 0 0 0 0 0 O O 0 O 0 m m m 0 m CO m m m m m 0? m m m 00 m m m m m N m m m 0 F M ..iy: 0 0 o:o oo o 0 0 o ob o O o. n. o o. 0 0 0::0 0 0 o 0 0 0 0 0 0 -o o.0 0 0: o o o 0 0 0 00 o 0 0 0 0 Q7 \ \ .0 Ln W H W H W W W H W H W ri W H W W H W W .--1 W r:l W H W ri W W W W W H W H W H W W rl H W W W W- J-1 o�o'7 Qfi W H W r•1 W W W ,-1 W W W W: W rl W H W W W r-1: W :rl W H W r-1. W H W H W W W I W 14 W :.H W W W W W H 01...0. W N M m 1D r m. m 0. W Ln 1D r m m 0 W N M W m m r m m 0 W N M -IV m LO r m W w W m O N In Ln In P n m n n u M 1p LD W %D p D W r r r r r r r m W m m m m m m m m o m m a m 0 m w m In Ln m Ln m m M M m M X l.n m m m. m In m In Ln m m m Ln Ln m In m m m U1 m m m N m Ln m In tP 41 Ot 01 Q\ 01 01 01 At m 01. 41 01 O1 U� 01 4\ Q\ 01 T. 01 01 m m a, W W W m W W W W W 0) W W W W W 0 m W of 01 01 Oj 01 01 Ol. 01 a\ 01 01 01 Q\ 01 01 d\ 01 01 o. o o O O. O O O 0 O O' O O O O O "O O O O 'O O O O O O '0 O O 0 o 0 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 O O O O 0 0 0 O O O O rn ;M1k: 0O. 0 0 o. o.0 0 0 :ry 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 CV N fV N N N N N N N N N N (N N N N W a m Z . w o RC rn Q{ ID r m 01 O W N m ON O W N m d' m lD r m a, O W N M v Ln w h m 0) O W N M v r- aG m O Q. 0 0 0 O O O 0 0 W W H H W M. X . W V� W d' d' d' V' C� V! V' d' d' d' :. U C r u u U1 U WW W W W W W W W.W W W W H' W r-i W'W W 1-1 W.W wro wro r u N U ri rl � rl O O N ?1 N \ N 01 �4 m v 3-i x U U E Uo >, o C � 8 � U W O >1 b v m ro a E x z uo 16122 o X44 a w 1n o rn � C Cl) � a a a u4 a u ro w o 4, 111 114 ro Cl) ..: :FW as a C�a Cn - cn - M 4 1 ?4 z Ul (1) w cn.0 ayye ..H H ,w�77 F G .7 E, N a F w wo n ro u 31< Q z o a 0 U v a° h I m 10 0 0 0 m r m m o o m w GGi1;: ri O. Cl N'. O m r- <;TJ` 10 w m Ul N �o : to: r .co- o 10 m N m m m Q. Q A Q Q Q Q w cn cn w m w M ro LY! I>v:; In 0 -:0 0 o o o 0 0 0 -0 0 0 o F t"1 m �:J:1r ri H ri rt ri ri: rl \ \ \ \ \ \ In ri r1. ri rr ID _..0. N m V' 10 r w r O 11 1 r N ry ID m. m �D In m of m rl rl O.O OO O.O. O O O O O O O O O 0 c-, O O O 0 0 0 0 0 0 0 N N N N N N N a m � o W r a z � \ !`Q x u � :4 -t O Qk: u �4 m 6 v W m O rt N r m G x iv iiG:: tr1 rl C V' d' d' W U1 x x W C C U N ri rl. ri rl: ri N' r1 ro ro rt o .0 I'`i r r r r r r r a 16122 r U N CI O N N S-i U1 \ �NNN IJl � a s, rn Ul i, X U U E Uo C. >, o C � 8 � u W U m C O Ql ro ro a E 0 aa z ° U 1612 Az O o H a � w � a a a a a a w w w w w w w V) CO N v' w w w w (D a a a a a a£ a m 0 a w (I. a a a a a w£ G o 0 z£ F F F z w N U U Uw ) a F o m o n m a x z a a a u a Ca o z a w w w z w m w s N F o a Li W a a w W z F cl a n v m w ex: a w a w a a o Q n w ti m z w w w W a v Q o 0 o w o Ct w o G a x w a a a a a w w x x x x F a a ro ro Cl, rz m w w W a a a z p o F aC; o o a ro Ra C u z .v -a (a ro w F x a 11 U ro ¢ w z w o m w 1n w z A U F 1 a w W F b b. a 04 a£ a a w a a a a w z z q F u w a w o a '�. 3 F r� u U Cu w G. a w U a >+ a w 'L7 u u +r m Q w z FC cn w v H cn v N a a rn U F-I 4 a4 A KC W a P4 a a C7. iy w aJ tom RC £ w 01 Aw F W W W F a F (z z a CQ N W CG ' F 1-1 b W z z z Q z x a ru . +H: u w x 0 0 0 o F F x v 1n s a a a F F F P� n F O U 04 F F F N b N u o a rn m n o a a �4 m m U w a ry w» H w A a 0 o a o + o x 0 cu o 0 o n m U w w[ w 0 z �: U U >> U CQ 0ro a> x rx cl) m cn U m. O E M 01 O N M Ln O O N .N H 0 111 'O. O 0' G O O N O. m O O -OJ 1' Ol 0 CO M 'O 0 M r O LO r VI M O. r 0 O O. m O. rn N m 01 lD i N m In 01 N m O r-1 01 r d' In. H In In tP N N Ln to -O tU OD M 'r Q m N M Ln m w H m W w W ID Vt �o Ln \O w 0 w r r 0\ H2 ..Ijf W 01 01 M N m 10 lf1 ,r N M r-1 N O M O rl d! 01 r-I r O1 .i M m M N fl1 M M d� M Q. Q Q Q Q Q Q Q Q Ll 7 Q Q Q Q. Q U) Cf] Cl) Ul Sn UD -U) (n w M U) Cn Ln V] (n fn. Cl) (n. UD CO U) U7 U) U) U] U) VD U] UD m w w (n ro n x� w� o��� x p] a a� x x] a a D�] x x x W : < Ln Ln U1. Ln w m w Ln 0 m 0 to In LP wP Ln m N w to in' to o In Un Lr 'O ;44: 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 0 0 0 0 0 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 o S4 ::::fE:: CV N N. N'.'N N N. N N' N N. N N. N N N ' N 'N. N N N N N N' N �. 0 0. co a. aD 0) 0 0 0 0 El F M ::::1:1i "O. O O O. O O O O O. O O O O O O. O O. O O' O O O r-I ri r1 ri 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 S.' to ri r-I rl H r1 r-I r-1 -H r� H rV r1 rl ri rl: ri. H J-1 0J {'kj< H H H H H r-1. �-i r� rl' rl �-i ci. r1 ri fi r-I r-1 i-1. ra H.' rl rl rI H' �-I ri. r-I r-1 r-I r-1. r-I H H H rMi m N Ln �c r. m N. w H M 0 H N m r rV m 01 N. rl N M r m m I-I W w rl O N m M I m.. 1 O N M M M O1 d\ to 'O W r!1 1D . l0 LD O O N ri N' �-1 N rl N N M M M M 'M M M d' C d' lfl 111 111' In t0 LO lO. l0 � r.' Al O1 T 01 01 O1 01 O\ O1 O1 01 O1 01 01 01 D\ �' O1 Ql O1 S?1. 01 O1' 01 O Q o O O O. O 0' O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0 O o ro rn 0 0 0 0 0 0 0 0 0 0 0 0 ro 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o. 0 0 0 0 0 0 a w m 4 0 CQ r a U z \ 0 : 4 x o W N r J-1 In t0 r O da O CN N M to 10 (N O O m N M d' 1f1 d' 111 C ?C C N ':YE N CN ri N N N N N N N N' N N M M M M. M M M N m y v v iA .:(,} m m m M. M M M M M M M f+1 M M M M M M M M M M M M M M M M. M m m m m X X 41 Ul d' i C U ro N U L1 ri N r N H r r r H H W ro a 1612 Az 11/21/2005 AP Line Item Report for Payroll Operations AP Line Item Report for Payroll Operations Mgr. Vertu t, ; rt�zma tsfrenderr�t; amount, Can Cg dQ 1040 FLORIDA RETIREMENT SYSTEM 582,839.54 11/07/2005 2000091073 100377 BETTER ROADS INC 21,642.58 11/07/2005 2000091074 100419 BONNESS INC 99,750.32 11/07/2005 2000091075 107914 CAMP DRESSER & MCKEE 7,611.65 11/07/2005 2000091076 102052 MITCHELL & STARK CONSTRUCTION CO 4,324.46 11/08/2005 2000091078 103181 VANDERBILT BAY CONSTRUCTION INC 805,298.40 11/08/2005 2000091079 106276 AIM ENGINEERING & SURVEYING INC 52,363.09 11/08/2005 2000091080 100628 COLLIER COUNTY SHERIFFS OFFICE 1,671.36 11/08/2005 2000091081 100676 COMMUNICATIONS INTERNATIONAL INC 60.00 11/08/2005 2000091082 100677 COMMUNICATIONS INTERNATIONAL INC 15,877.30 11/08/2005 2000091083 101763 KPMG PEAT MARWICK LLP 99,000.00 11/08/2005 2000091084 103291 WILLIS OF WISCONSIN INC 5,207.00 11/08/2005 2000091085 103795 CDWG 854.84 11/08/2005 2000091086 104044 DOUGLAS N HIGGINS INC 24,300.00 11/08/2005 2000091087 111006 WACHOVIA BANK 2,499.29 11/08/2005 2000091088 102372 PITNEY BOWES CREDIT CORPORATION 10,057.76 11/08/2005 2000091089 100508 CARTER FENCE COMPANY INC 635.00 11/09/2005 2000091595 102827 STANDARD & POOR'S CORPORATION 7,253.24 11/09/2005 2000091596 103196 VILA & SON LANDSCAPE CORP 126,792.00 11/09/2005 2000091597 103795 CDWG 785.00 11/09/2005 2000091598 104282 SOFTWARE HOUSE INTERNATIONAL 4,898.08 11/09/2005 2000091599 103959 MCDONALD TRANSIT ASSOCIATES INC 113,169.20 11/09/2005 2000091600 106703 WILSON MILLER INC 2,445.00 11/09/2005 2000091616 100897 DWIGHT E BROCK CLERK OF COURTS 233.40 11/10/2005 2000091622 103795 CDWG 5,363.64 11/10/2005 2000091623 111221 DLT SOLUTIONS INC 476.00 11/10/2005 2000091624 112109 GULF COAST LANDFILL 43,145.61 11/10/2005 2000091625 1612 A 3 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/19/05 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 November 13, 2005 through November 19, 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. Corres: oate: la a os item m / to a Copies to: o U o � 0 N N it N \ QI �tr�yyl � � a CT N �1 x U V E Uo C � 8 S W U N G m ID4 E CA z U 1612 A 3 ..;..: a w a a a I., w w u a Eww7 cn CK W x a co 3 a rn a o w a a W CO H w Cl) m CO w s4 w W w a w a a W cC o tr S v W w a 1-4 w c�7 G m x + w q a awI w z v C ro w m w w w .111 o m aaw a xa a a m x F a a 7 a a o ro rt w 4 o w a F m v a w 5 ° F H m a z 9 0 z r� W F-I E a H W£ �-+ a W fk m a CO N Ql N N N W F >+ �•+ a z a C5 F z w E V]: z U: C7 O Q r-a m [k : N s4 > �4 C rt U W N V W r-t w z W a W z FC W C O O W F w w C W W m H v N O E a z O£ RC W N U£ H a a z Pk a z W G C .[ V v ro a W a m H£ co a O z N w U D b1 �j: N w H£: w W F H a v~ m FCC A W 7 W to w W ' O 104 O F U M . W W z W O a a F z z W F O W O U C7 w >+ Cx Fx a z z W >1 F O a W O W >1 QL O m i4 U W�J W a rr rL >£ O W O W Q£ :ttl: ti x W W W H a] a m w m �-+ £ a N W E x b 9 .-i 7 O a O W a W z O W CC F RC z a Q m H W w a A H a W] W w u o m 10 o u W z W Q W z H u W w z c7 o f �! w a z u x x W U W w z u w w> w u u a z w w W F¢ w w w a o w w o¢ a a a a W a r� w Q£ a F A a a a z N F H N. ?, N .-+ N m z H t-I W N F 2i F w z aC a a F a Q Q a rl H a E> u o U o f E� M M 0 0 w x rx o a w u a u 5 a E W w z N M s4 a a c U a z P7 a u o a U o o z m x m z a x z v w m 7 a u o H m w w w w o w w ° a z, H x 0 u A w a orxo�H� �,�va oro U U H w a�w a� V 3 W w a ¢a x 14 o o c7 F w o o w A F U z F r�. z x �-+ q r� :q Q U U c7 w z a '..� z W W x H Q O N h Y4 x z rk O a a F W w rC ti x O H H Q O r x a F F m a N N U O O C U W �-1 'a O O m x CZ C4 D: F. N F. U ,h 0k Q,' O H >+ a' m H a' W£ 7 CW x F H (d C H O z a W W W O - Q1 _H O ° z E 3 Q U° £ CU 4K� l 4 a 4 £ W Q o - � z w Q 4 9 :3 0 U) W m . . N m W O O Q7 O N O N. O M O O'. r r. N m O O' O 'O. m 10 O m O. w O m m N. O m O 10 C O M O' N 'r LO. N O O 'M tD M r. O Ln O O M m m. 0 r O O O r r O m O m O r O W r tD d' Ill N 0 v lO . d' 1p 111 lfY O r m ri C Ln O H. LD r ul ¢? r m' N W m O M m m O' O H o r N r 'M M M m m�D m m O. m, �N O w r N m r'1 v ID N m O tD N N r O ID .-1 N ri 0 m W r O d' 1-4 N M m O M m {- m N d' m N O '.:ti:: Ln :.M. ri N 'r N N. ri ri N'. C N. N W. r M d^ ri ri tD ri 0\' r1 ri m N lD M. d' I N N W m W O N ff N lD N ' W N d' lfl M C0 C : iJ5. W` A m A A A Q Q A Q A Q A Q Q A Q Q w Q Q Q A Q Q A Q Q Q Q Q A Q A Q Q Q Q Q Q Q Q .k m m co m m W W m W W co Cl) W m W co W. co m m m W m W W W W W m W m m W W m W W W m W W W W W W W W. Q: Q.. Q. �: z. z. a �. z �. � D Q.Q: Q a Q �D a. ul W ut W w Ln w W W' ul to m. Ln W W W Ln ul..o W Ln ul Ln Ln Ln. 111..Lo ul W Ln ul m W W In W Ln m W W ul W u) b ry:; : :iF: o 0. o o 00. oo. o o. 0 0 0.0 0.0. oo. 0.0 0 0 0 0 0..0 0.'.0 0 0 0 0. 0.0. 00 o o' 0 0 0 0 on o 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o O 0 0 0 0 0 0 0 0 �I :::b:� N'N'N N.N N.N.NN.N.N NN'.NNNN NN NN N.NNN'N N.N. N.NN N'N.'NNNNNNN N.N N'N. In l0 1p 1D LD tL1 <D 1D 1D LD m kp l0 t0 W 1p Lp 10 ED tD LD LD t4 to u) ul to W W W In u) Ln ul m W In lfl ul W F M ' '.LJ � ri N ri ri ri .-� ri rl r-V ri rl ri ri H ri ri rV N N r-1 ,-i .-� ri H. ri ri ri ri .-/ ri ri H rI ri ,� rl rl r-I r1 ri H. rI ri H ,C, W r-i �. ri ri r� ri ri ri ri ri. r1 r-i rl r♦ .� rl rl rti ri ri ri ri ri r-I r-i ri ri ri ri r1 f-I .-I ri r� ri ri r� N ri r-1 W �+l r-I r•1 r-I r-1.' ri � ri. ri. ri i-1 ri ri ri ri r-1 r-1 rl H r ri ri ri rl ri ri �-/ ri ri ri r-I ri ri ri N rl ri ri � ri ri. ri rl r m O� O .-1 N M dI W tD r m Ol O r♦ N M W ul LD r m O r-I N M Ln l0 r m. Ol O .-i N M dL to tp r m w ri ;;; v M e�.. w:. m' �n Ln Ln W Ln Ln in Ln In Ln �o to LD LD w LD LD to r r r r r r r r r r m m m m m m m m m ID �. LD to �D.tD. LD to. � to to W Lo Lo Lo to LD :LD LD w LD Lo to W w w Lo m m m rn m rn :m o, m rn m m rn m rn m rn m m: rn :m m m m m rn m rn rn m m rn rn m m Ol:oi D, m Ol m m m. 0 0 0 o o n o- 0. - 0 0 0 O O O O O 0 0 0 0 0 0 0 0 Ol :;I�}. O "0 O O' O O. 0 0 0 O O O' 0 O o. O O 0 ' 0 0 0 0 0 0 O O' O 'O O O O O' O:O O O. 0 0 0 0 0 0 0....0- O. 0 0 0 O 0 0 0 0 0 0 O O' O. O O O O O O 0 0 0 0 O. O O O 0 0 0.0 O 'O' O' O O 0 0 0 0 0 r � o z LD \ iii w o 4 Oi 14:: N rn N ''' m 0 ri N M W m tD r m m O H (N M r Ln tD r m m O ri N M. �. ul t0 r m m O ri N M v m Q r m Ol O ri [V -v : W m in: Ln m W Ln Ln Ln: W w Q Q �D w. � W LD w W h r r r r. r r r r. r m m co m m m m m m. m m m m X .k V' d' w w w w :C' a� C V' :d' m d+ w d' a. w U 4' m U 4) N fi H H ri H ri H r-1 N rl r/ ri rl ri N r-I H r-I ri ri r-i ri r-i ri N �-V r-1 rl 'N r-I H. ri H ri H ri N .-1 H ri ri ri r ri ri ri N H H wN Wu o U H o H � N Ln o o N C'4 .. N Sa N \ 'lJN7 rttrrt rH-1 a a N U) U) N x U U E Uo y, o � H 8 � U O >. O C v ro 16 r, a cQ z u 1612 A 3 A: A. w w w w w w w w H w w ra= a a a a w w a _a w Cl) m m m w w w w w cn o a w N a o w w w w r m w m o w m z a a Q a a a a m CO E a a w w a x Q w w a a U a w w w w W a U z m 0 Z H r+ 0 s � � cn w a H a a z W.a a wa a wa Z � � � a a a us �� w z U U 4 z 0 a m a z o z z w a s > a H H H a w. w o a u3 w H x w a w a a u .¢ x m a a o w m a> m x Q a w a x 4 a m a w a w m o w a z c Q a u w u w H a cL 'c7 w a W U z Ra w m a a w H u a w m U) z a w cn H H E a w a z w w a s a w a m W .(} V E rf w :7 w u w. z x z o w a w. a -W cn a u a papy� z r1 Q rn z cn a0 w F. a w z U H E a cn �Q ,,y7' v W r.� H r.0 w w w w a 2 2 W a: z O F a r.4 H F W C7 w: W W 2 a z U) w. 4: z U F-4 F cn H o Pai w a ryU+ .�. w a H w H z¢ e EJ hz a R w f'n cn z �E, .m ' it :4! z > Q w i4 O a U) w a H a O w a W F m O m m a Q1 W a a H cn co ?+. z£ W z C a O w F a cn W m x a O W A: O a z W. r.0 �. w U w F H W H H cn z H a a U) a �+ U M W Q '/" � W U w 3 W> .7 '�7.. H U 7. v1. O ra W gq U H a fn UH co cmn a W: U' a z O W O. w z z ?+ m£ H a U 0 3 w E a H d H L7 W W W 5C U) Ul w U7 U W U H CO H O cn u z a s z a ] a E z H a x a 0 -0 W W O W W H E+ a m w F U) m w w O E E W W O O aaa'' o a pwppp. u 5 0 5 RC x te a a a spI ❑ a (a�. w a aN qEq,, no X O o uCUn]� a 0 Et a. z i U a w UUx n> W[ D.a7 W[�7 H a w] O fx U) 2 H [?7: O £ :a O O. z U a M E r.0 ffUUC his U r1 3 W FFall z z U U m ti U U z Q: 0 a fX H Q. O Q W W a x m a U. w U O z a. 3. O d w w. 0 a a 7'+ O m W w w a a a a W U a O w a m ££ a F O P, � F W w O O 9 4 W. W F a X U x£ w H H H N� w: U) U] a U) Q g q H x x z. E m W m a- a H E N a w w H O Q a a a W> .•+: .O W O D W x E W r'!: \ Q H H- a >+ �+ .W w .] a O i E+ >+ 3 H .Q : FC a z z a a a W E+ (--I as E. a a m z a U ,y H E ry' a s a ',E z a O. M O O H> a 04 W "�., C7 C7 a a w O O O a a. W a N Ltl F+- 0 3 Q W x �-+ O O O O O O a 0 g �Q W W W H O< z w H r-I a a a a 0 O a O w m m m m u u u u u u u u u u u U u u u Q Q Q Q Q Q a w w w w w w w w w w w w w �7 O H O 0 10. In O O' N. 1n l0 H O Ifl o. m' O' M r' O lP. ul O O O.' O kD M O N O r O 1p O N 01 O V' O O N 01 m O O. O -M r :O1 O N M n d' D O- m . m o M lfl Li 0 O 01 Q1 N Q1 N H LD m O1 m M r O O t!1 N Ol O O m O �D d� Ol lfl N H N H 1p Ol M Hr-1 r H H.N O H.OI M N [M. M'. O1 O N.IlI In :O ;N Q U) Cf) cn U) w U] -ID U) U7 U7 U) U) tn. U7 W U7 U) U2 U).. UD U] UD U1 U) co UD U1.' UD U) Cl) U) UD U] U) U1 U) cn U) U) U] U] U1 U) U) - U1 UD Ul U7 u3.. m Q m � D z :z z z. O z. z :W 7:Q D a. Q z O :Q U ;� � � z.� U m In In to In V) m 0 In Ln. m In to Ln 1n 0. m m to W m N. M W M 111 to In In In m lfl m m Ln In m In LD 4f1 tf1 lft 111 u1 0 0 0.0 o -oo o o o. on o n o -o. 0000 oo. o 0 0 0 0. 0 o o. oo 0 0 0. D o n oo o 0 0 o 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 O 0 0 0 0 O 0 0 0 0 0 O 0 0 0 0 0 0 0 O O O O O o O O O N :it:: 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 In Ln 111 Ln m m.. Ln In Ln Ln Ln In U) L(1 lfl !n LP 117 111 Ln m In m m m Ln m In m u) 111: 0 m In In m N m Ill m Ln lP LP In F 1J m W <ji1< 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 H HH H H.' H H' H H H.H H H ON O. H N M. n: m Ol. O :H N M d' Ln 1D -r m 01 O.H N M d� In LD r m :tT O..N M y1 In r N N N N N N N N N N m m M M M to H. H H H H H 01 rn :PO 1 0O 1 0 m 0O 1 0O 1 :� 0O 1 (0 31 aO \ m oO1 T 01 m �O. � 1 m � rn aO t 0O 1 � rn m m m oO 1 0 O 00 . 0 O O O . O O . O O 0 0 o O . Q O cO 0 O O O O 0 0 0 0 0 o o O O o O O O O O o o O O 0 0 0 0: o o 0 0 0 0 0 0 0 o 0 0 0 o o 0 0 0 o o. o 0 0 o o 0 0 o. o o o o o o. 0 0 0.0 0 0 0 . o a o o. o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 o. o. o 0 0 o o o o o. o 0 0 0 0 n 0 0 0 0 0 0 NN H p4 In l0 r m m O H N M dv L(1 4D r m 01 O H N M 'v 1n 1D r m m O H N M W Ln kD r Om m O H N M W m 1p " 'u' 0 0 0 0 O. o H H H H H H M 1. M M M m m -VI. d'- v dt W d1 VI [M [M v W W c71 'r V1 v 'r v -t T d' W v V' d' w w a F. C U N �'" a m w a' w �r w w a a w a w: .r w w w c w a a c �. r w w w c.41 w vT 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 rA H H H H. mQ m Q U a .0 u ski r n r n r r r r r g r n r r r r r n n n r r r r r r r n r r r r r r r r r r r r r r r r o U w o �D 0 H \ N CJ7 $4 trl Ski X U U ?� o C H 8 B w U O >1 m C 0 p E w° z v 1612 A 3 A4. a w m w w a w w w a a w u w a w : H m w m: a rz� 1 W F W W O a Ga, O O .] m Na a w w w m 0 a w F u m m m a F U ° [- w a w W cn r a w a r. z a w . . . m w F z U ©� aF U z 7 z m w z a a cn w a a w a 4 a r] . a w x El cn o u X o 0 a x z F m a � w mm> R a �a�zum FC rj m 114 a J+ W ?+ z a' a u O z i W C G! N [a. o m x a a m a U n F+ < W Px < q ry W O H a a m a k: W W L U z cC a s U E, W a w a u z AL d x w o o a o El > d w a x z d w u w w u Q x a 5 n a d o w a w N w H u w H z z X F w o u w A o a N C U F z a z z 'J u a' F a [w Y w x o F H w U F o o F w w w F z w w> 4 z a F o F- d° d w 8 m w o u N v a a �Z w w 3 w u u a w z a w FzG m° u w a Q a a F q a m 5 O W 0.a F O FC O £ W W U O F d Fa z l A O z N (F� n O w F E a �>+ w w 0 0 D a� °' D 0x a °a o a a H � o a a a w w x o o p x z z z� u o 0 o a W w H w w r w v u rx u o c3 a CD u x x x x x H H - -� H h h h o iD o o m o m r m o Ln o o. Ln o o o H H N. o io r N m Ln. o M m M m m m o r o LP O o o a m In H O r o o 0 O M H O O r o r l0 H Ln T l6. O r 0 Ln N O d' tD Ln O O N Ln O o In o ff r. O QJ m m o o M Q\ O 01' r 'r O\ a\ m N M N O In r' O N LD rl M Ln H In ri: N r m H. o Q N m H o m M O In m M r N v M O O D W O n N 0\ N o N m H v H H O m m d n O -:p m Ln M D m H m o N N t. r ip .. A m x: m m m ar m co m m m co m m m m m m m m m m co m m m m m m m m m m m m cn m m m m m m m m m m QD Q. Q : U U �D Q : A U Q..Q. ]: Q 5D ]- w Ln o lP N. m Ln Ln m m o m Ln In .u1 lfl In m In Ln Ln LP Ln m Un Ln w m to m w m In m o m m m to m Ln 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 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 a 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 N xv Ln ln. In u) m Ln m LO Ln Ln Ln In to m Ln u) N lll. Ln In Ln In m L[) to u) Ln Ln In Ln Ln Ln Ln Ln. Ln m m to In m Ln itl m In F 1J m ::FYj:� H. H. HH. H..H H.HH H'H H. H.HHH'H.H HH H'H'H.HHHHHH HH H'H.HHHH.H HHHHH H.' m 01 o H N r m m O. H M -t to 10. r m -0\. o H N M C Ln w r m m o H N M W to l0 r m m o H N M ��� r:r r r r rr:r r r r r r:r r r rr rr r r rr. r r r r r r r r. r r r r r r rr r r rr rn m rn m m m: rn m rn rn rn m m m m m rn m m m m m m m m rn rn m rn: rn rn rn rn m m rn m m m m m rn m m �1 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 G+: �•I 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 o O O. o O O o 0.o O o o o o o. c o o n O Q. Q o O. O o Oo 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 O O O o.' O O O O'. O O. o o o o' a O\ . ;..:; RC o to S. fo m O H N M v to l0- r m 0• O H N M 5M m �. r w m o H N M W w w r w m O: H iV M t. Lll ID r w Ol o 'r d' v v w m Ln o to Ln ..w Ln 4n to LD l0 1p. w �o LD k. LD w tD r r f.' r r' r X X v VL dl d' d� d' C -w W 1l v -w C C W d� v dl 'r t„ l JJ U . : @: V V <1' W d' d' dl V C W mot' V 'Zr :t W d' d. r dt dT V' d' d� d' W d' C' d' •q'' d' d' d' d' 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. o U m o ] 0 N N Sa N \ v rn J� v� N N U U E Uo ?� o B S w U O ?� d N N m " E ° z m U 1612 A 3 � a w: a 4,, w a m a x w u w E w a o a s w w N a w F 00 £ W : m U1. Cai. lai7 .w-1 :. a m Cw7 a �-7 £ a a a s £ w F a r a a z a z w r x w w E o E a E a m U w£ o o w w M a o t3 � a q Q w a m u m m o z a w a a u m a z g w a s E w w z w x¢ E w m u a m E E o w a a w i E E Q H w a u E z m a u E H q w a a, w a E m a w m a m FC a x a a m z w z m 0 a o a a£ w w a ro: m a w z m a z w H a E a w w H m o x z H a m w m a a w o g m E a w Q: w o m m w w u r a u w w p z E z u o w w u £ z q E: H W a O '1 O FC FC. H a E w r U m M z to C7 W H O m a a z a 0 a H m � m a r. m u a H m a g o a FC m£� w w u m w r z E s a w H z 0 a� o 8 a z H a d a m 4 lb s E N q m o m m m u w El w z c� m g o o m ,4 w w W E .� z m w: q E w z w z. m w 3 r-C E z H z z. Q7 W w �n a m 3 m U F 'F-7G FL H o w F z E �Q w w w a M a q ��CC C7 w\ q a z < a E H U 3 a a E w z w a a w m m x x m w w E z m m z O a m z rz b w o w E u u a z z a w m m o w a o m M o r z a q H u x E a z u z a a z a w a u a E a H r E . x4 H a M E H W w - E a H 0 W. a s E. ] a r o .7 q W- W a g O z ;7 U m E ° t� C z7 u i $ B as Hz t� '�� �7 H m t E O FC a a a FC U x r•C E H q z z a' I7 o a F< g a E u a z W m 0 0 O m m 44 a M 11 � EE W E+ w i z w z u E q m H x g a H a r r u E a a u z a z w E H o o x o Gk r: w u m H m q E a r r r 9 O r-4 W H a a a. x m a o w w W w W o W a N u H m. H H rr�� H a E E E C7 F a 3 m x H H O U a a W .•N a c< .� a a a M E O H a a U a' a W W W E a z m F x H a w £> U A a a a a a E k E u w E E] H W u >c u m ww w w o w u w m r w a w o d} �2 a FC RC RG w O w m w x y x a E z z z o a a a a a a a o o a a m 0 m w m m m m m m m m 11 E E E EH E E+ E r. N' N O' LD O m o O V' O. r. N 01 O lD m.'. t+l d"'m. N O. v 0 0 0 w o w m m O r 0 0 0 r h o 0 0 0 Ll) o Q\ m 0 'r 0 tO o. O) '-1 O cT Y%7 n O LO Ol O\ N m o. m ip m l0 0 t0 r m m N O O O O LR H o Ltl O m dv m ln: H :: t". tD M'. O 't+7 O 1D O H H m N m m : M .41 111 In : m m H O1 : H. M h Ol O Ill m C :0: l0 M' d' O. m m. H N C N t0 V1 H tO O 01 O M O O M m 01 H r d! r N LP rI m' N7 m N C r 'r m o I I O O O H M H 01 IV 4D A. q Ll m g q q A g A q q (Q q q. g q q q q q g q q q q (Q q Ll X (n co U) U) W cn w co w m m m m m m m m m m Co m m m m m m m m m m m m m m m m m m Co m m m m m m m m m m m m m m Cl) m (n mm m to m 'ln'. Ln 0 Ln 0 m to LT) Io Ill w m w Ln In Ln w W m 1!) In Ill to Ln 0 V1 Ln m Ln m m 111 N In Lfl LP m m 111. '25 x,F: o 0. 0 0 0. 0 0 0 0 0 o o o o. 0 0 0 0 0 0 0 0. o o. o o. o. 0 0 0. 0 0. o :o o o o 0 0 0. 0 0 o a oo oa o o o 0 0 0 o 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 o 0 0 0 0 0 0 0 N ::Iti:� NNNNNN N.NN.N.N'NNN.NN'NNN.N N.N N.NNN NNN NNNNNNNNNNNN.'N.N N. ri :!... i . n Ln Ln in m P 1 n m Ln f P m Lo n In m m In n Ill In In H N n 111 m n n P n P n E r'1 ::.M)� H H- H H r-1' H H H ri H r1 H r1 N..H H H. H H H r-V .-+ 'H H ri H: H H. r-1 H H. H r/ H H H :H H H H H ri ri H H I H H: rl H r-1 H ri ri H rl H H H H H rl H wi rNl In 1p C` m 01 O rl N t+7 1/1 l0 r. m a1 O H N m. d' LII. r m O �. N t•l � Ln 1p r. m Ol O H N m C 117 10 r w H m m a m Ol Ol O) r T O O O O O O O O O O O H ri H 0 0 H H H H H N N N N N N N r r, r, 11 r L, r r r..r r r, r, 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 m m m m m m m m �. m m H m H m H H H H m r♦ H H H m H of H H H a) H H H H H 0) m H m H H H H Q) m 01 0 O) C) O) O> O) � IT 0 Q> [)\ Ol O1 rn p�: Ol: pl Ot O\ rn : 4\ m Ol IT a 0 0 o o o o o 0 O O 0 0 0 0 0 0 0 0 0 0 O' 0 0 0 0 0 0 O. 0 0 0 0 0 O. 0 0 0 0 O.' 0 O O' O o O O. O O' 0 o o o o 0 0 O O 0 0 O O O O O O O O O O 0 0 0 O O O 0 0 0 0 0 O 0 0 O O O O O O O. O O 6 O O O O O O 0.0 O O. O 0 O. 0 0 0 0 0 0 0 O O. 0 0 0 0 0 0 O.0 O O 0.0 00 0 0 0 0 0 0 0 0 OoOO 0 0 . 0 .O OOO.O O 0 . O.O'OO O O. 0 0 0 O.O OO. O O O O. 0 . O..Oo � :�f4lif: N:(V N:ry N N N:.N N N N N NN N N N:N. N N NN N N NN. N(V NN NN NN NN NN N N NN NN C14 rn Q 0 m r a w o 4 m v ..; H N t+l d' LP 10 r m 01 0 H N th d' Ln r m m O H N m 'r m r W m O H N m -W to to r of m O H N m cM. m 'm m m m m. m m m' m m m T m m 'm m m m O O 0 O O O O.' O O O rl H H X ': ;:f:k: w w w w w w w m w m m a a a w � w w w In In m In Ln ul Ln. Ln �. Ln In Ln In In u7 v7..m. m m Ln In. In Ln In In w. 'r-1' . H rl H H H NA o U a C�J •a o ] £ 0 N SI N L N Si x U U E Uo � o DG � ~y U O U O > m C ro v m b a a m u ° z ° 1612 A 3 n1 ,� w w a � m w a a u w w Q a a a z a a a w a a w z w w w a a a F m w 0 Ia U£ P. : �_ x a w p,+ Ga. W H a U a w w F a P� w w u o £ r a 14 w z m 4 a w a `� w '.H >I 0... V Fig . 4 >1 z £ O m CD cn E (u ti3 z a£ Q a £ U O m o C7 W U O w F U s Q. O 14 z a F w o w H 4 u z O w u F u F d w a R z w z F V F U) O A H H o P 4 F H w a H H F F w w O. M�a z C(r!y] c[yny7] W �a�7] px� a> ,77 N: FHF < z �y .. rn' U W d H z F z .'7 U (!� 4L rt L7 F U' a W «7 w W X W W U H F W a z P+ w : ie Q IQQ W a 414 £ KC � F z O F U W 1:4 a z O 's U U W z O H O 0 F H U U z 7 F U ..W. H : 4 Wx W F W Q O a U a W a a F O z O F W a W Oa � a a a H U u a 4 CW U W N U O H Ua w RP: a W 7 i i . W Px, W W F ,^a, a z F zO '+ z .W.7 U] a iQ a m Q [!� U F RC v,7] r.� z y� a 'F UO m F W W) U W W. F z H cn: W W W a 4 W a H (n r, H DC W >. F O O m: F U [.� w F F 5 W z 3 F z a: £ z cn £ a O W W a H w H 9 W a .t3 a 3 a z cn x 0 FC W a H O A 61 H w a O H W w' F a U W N z E+ ,> x 4 a z 2 r.0 F O 5 a z w a A A m U U OI Q Ww O H F r� zz w U '0 A RC. z m U w a w W w O A a w Ck +H Q a wow w l a a u U z cn w u a a m m a) A O x H w -w £ w w a N H x u a w F F m W z z, acs W W z F W H a a s 0 a m m w a F w W x w H P.' x a H. H H U ':a a F' E- El F 3 3 3 3 h I h z > 3 2 W pi. O O �. UU H [u h a F Q rz-i C7 .W-1 �2' h 3 C]7 m C. o m m o 'rl. m' O' Ln to O. df O 'r-0 0 10 r O' Ol '.O O u1 O o m tr m O 'O. Ln O' 01 O' o O m o N O m O'. Lo H 'r M H T d� . O Ln O O r O O O lfl O d' d' O1 O r O r N o O O� N O .. . .. .. . . _. �D M'. o 41. d' Ln. Ln m M N m O M M O In cr. LD to r m N l0 'O. In V' Lo r M LO Vl M m M m r•i Lfl Lfl m N N L6 W N N M r- 11 y1 l0 Ln N M to r N r O m lfl O r d1 O Lb H lfl Lf7 H M M. r r"1 Lo m Ln N m Ill m H :N H N N r-I N O Lfl M rl M r-I ...I���nLLI, r N M N M d� .-I rl Lfl rl ry r l0 O W rl tp c c r1 rq Q X ..:'„}' ; co _u) W W. m U) m Go cn W W m (n m m m cn m cn w W co U) fn U) co U) co (n U m m w w w m m m w m (n. m W A A '' m In. m Ln m o Ln Ln. m In m m m W L.(1 In m '.0 M W w Ln m m m Ln Ln to m Ln m o m Ln. In In LP en Ln In In In Ln..ln 27 x241: O ..o. o o O o O O. o. o o o o 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 O o 0 0 0 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 F In N In lfl L(1 to In In In Ln - Ln Ln 111 m .. to Ln N 111 l!1 m In ln. In L(1 tP In Ln Ln In tR 111 In tP 111 LIl Ln Ul In Ln In In Ul tf) L<1- In .4' J-I m :'}I:: H ri H rl H H H H H HH H H-1 H Hi H-I H H Ha H Hi H H H H H Hi' H ri H H H Hi H H .� H H H H' H ri. H H H H H r�. H H H ri H H H r-I H H H Hi. r♦ H H .M-1 <:.:::: m O\'. O 'Hi N M C m Q r. m c\ O H N M d' Ln LO r m m O H N M. r M Lp r. m m o H w H N N M M M M M M M M W W d p -I d' -t d W W W m Ln lP to m n n n D O O Q D D O O r r m. m m m m m m' m m m m- m m m m m m m m m m H H H Hi. H .-1 H nl H H H :-i. H H� H H H H H H H H^I r-1 H H H H ri H H H H H H•i H H H H H H O1 01 Ol O1 O1 m m (71 Ol 01 m o7. m T' Ol O1 m m m LT o1 of o) o) m m m a) o) m m 01' 0 0 0 0 0 0 0 o o 0 0 0. o o o 0 0 o o o. o 0 0 0 0 0 o o 0 0 o a o o o o o. o. o 0 0 0 0 0 o o 0 0 0 0 o o o 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 o 0 o o o o. o o o o o o o o. o. o o o o 0 o o o. o o o 0 0 0 :0 0 0 0 o 0 o o o o o. o o o o o 0 o. o 0 o o o o o o o. o o o o 0 0 o o 0 0 0 0 0 0 0 o o o a o 0 0 o o _a r H o z P \ N co o) o ff N M d' N ID r m m O H N M y1 In ID r m m O Hi N M W w to r w of O H N M O' m tD r m a' d' d� W d' '[M' d' lfl Lfl In Ln ln. to Ln m ln. lfl 1p LD to LO Lo. LD. l0 1p L11 .k :�:4k: In ul. Ln Ln Ln Ln. Ln u'1 Ln. ul Ln Ln ul. In In. W ut Ln ul ul Ln. In In. Ln ul Ln to ul In. In ul ul Ln. ul Ln ul Ln Ln In Ln Ln W al. d` V' V' d' V' C C' d' d' d' d' W � C d' d' C C � V' W d' d° d' d' d' sN. C' V' d' d' d' d' d' C' d' C d' C: a U rtt (tl U N .-+.ri H H-I: H H' H ri H. H•1' H H H H H H1' H H H "H H H H N' H H'1 H H. H ri H H H H H H H� H H .-9 H Hi. H H m m FC u o U w o ] 0 0 \ N Ql \ Q tr) rn N it u U U E Uo }, o p7 N4J V O O ?� m C m a E O 16 O m z U 1612 p 3 »w >. U w a Rw 11 co w o w w a w w a u z ro u' 04 w H a z w a 7.� ¢ a w x m Q w n� z o a s r H w U a s w H a o a H x a a w H a w u x z w U n z w f-4 H a m F v. U H n x u x w n a w w a w w x w a w a H u ca o w w :G �a7 Q:w a s w w Q w u. z z w. z w Z w �.. w 2 4 w ,a w.to. m a w w as a w U o z w z w u a u E w a w o w h H a w �a z U m a x z a a w u a 0 a a w F a Qx a s m a H w a a a w w z 0 z a w. H w o: u a a m m a w z Q o a H w a a w N z a a w o �:w a w¢ ¢ H a H a o m U a w z H x a Q n a a X w z a u .+ n a z x z z w m H u Z a H X u a w a z �ii R o z Q o F H U a x v w z U z o H w z x o z o a . . w a 9 4 a o4 w z o a w u w m H g a ] w n m w o z u a Q H w x u w U a B g 2 M r 0 a o Pw 4 a s o a s a m U a x w u h m a z u x u Q m Q w m H H a w a z H 0 u W4 H N X w Q a H a o x ~ o w w o o o 14 N .�H Fi W O FH 4Y, J w o x U m Z W a w w w w H w 3 U m a x 0 w o Q o w F x U o m r a xa cngwa a nuw w 2� w a k � w w U a N w a Q a wm a °u w a w z, co a s o z ca a z m o o ' w w w z Z x a w° v° U m 3 h ro o w H Z4 u h w CO a z a z O O O O . O . O r' d' '.m O O O . O d' ri O O O' m to N O tl O m O w m r 0 m r1 O r O r lmo O O O N m O N - m rH VO - N O r O r r O m " O O O N . . . . v r r W. - ;v M..m r. 10 0' V' Ln w m m V' m. M r W d' W M O 'M M lo. to m 0..W M m tD r r lD Ln 0 0 .'r N' O M m m I H r O M r m m O m to m N 0 m N r to H 11 m r C m r-I O H H�t N -t O N M m 1 M N Ln to m N O H w W m M' r H H M 0 N I M to ri r-I O O O IH �. QgQOQQQmwmwwmwwwmwwwmmwmwwmwwmmmwww x a. w m m cn w m Cl) u, m w w m m m m m w m cD n w m m m m m m n w w m m cn m m m w m w m m w w w wmmmmmmw � ] a Q a� U� a Q Q Q a a� Q����] a a a�� w���� U a:D a�D a� to L. lfl U1 to N. t11 N �n 0 M In to to ul 0 to m to to In o m l!). m tf) If) o L11 Lo N In to N to m w to lf) u) m m m w O 0 0 0 0 O. O O O. O' 0 0 0 0 '0' O O. 0 0 0 0 0 0 0 0 0 0' 0 0 0 '0 O 'O O O O. O O O O 0 OO O O O O O O O O O O O O O 0 O O O 0 0 0 O O O O O O Q O O O O 0 0 00 N N N N N N N N m to Ln Ln Ii) !!1 to V1 m to In !n In In to Ill H Ln H M m .' H In H Il) H In H �() H In H H H In In to Lf) L!1 Vl H In H H H H r-1 ri .-1 r{ ri ri ri ri ri ri. r-I ri r-i ri ri r'i r-i N r-1 N' ri N rt H ri N ri r-I ri rl rl' W ri ri rl. ri r-1 ri r-i H. r-I. ri ri rl \ \ \ \ \ \ \ \ \ \ 4i to :: \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N :ri. ri 11 m :C4:. H H H H ri H ri H H ri r-I ri r1 ri rl ri ri rl rl ri �-{' ri r-1 ri r-i r-1 ri r-I �-� rl r-1 ri ri ri rl r� r-i rl ri r1 r-I ri. ri ri. r1 N ri. fi ri rl. rl ri r-I. rl r-I rl. r-I 'r4 ri ci rl. ra r1 ri �-i r-1 rl e-1 rl N r-I ri r�..rl r-I. e-1. .-1 -1 r-I r-I ri r/ w N M v U). �o r. m m O .. ri N M. v m to r m .. m' O ,-I. N M. v In Q r m m O '.'-I. N M d� In tD r m m. O ri N "M d' 0 r� ;;'::;: r r r P r r r �. m m m m m m m w m m m m m m m m m m m m 0 o o 0 m m m m m m. mm m m mm m m. m m- m m m m m m mm: mar m m m rn. mm m rn m:m m m. m of m rn. H ri ri H H H H -r-l. H . H H H H ri 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 m 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 o. o o o o 0 0 0 0 0 0 0 0 0 o o o m . ;t7f, 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. O O O O' O O O O: O O O O O :O OO O O O O OO 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 O O O O O O O O OO OO O O O O OO 124 0) z � \ >!di 41 m O H N M V m ID r m m O r-i N M v Ln tD r N m O H N M W N to r m m O ri r m m 0 H N.. \D r r r. r rr r n r c r m m..m m m. m _m m m m m. m m m m m m m m. m o. 0 0 0 0 0 0 0 0 0 H In f m m m Ill to f m U) In lm In to m N to m ?i X U to to to m m Im In n m to In n m w D to to D D to to w 0 w Q w U (1) -I N ri ri ri H ri 'r-1 e-i r-1 ri r-1 ri ri ri ,-i ,1 - rl �-i .i. r� ri. ri ri ri .-1 ri rI ri r-1 ri .-1 ri r-f rl ri ri r+ m N u ri ci ri �-i ,-i ri Q u w o � � � r o o N N it Q \ �UNl tCrt rl s, rn N X U U E Uo ?, o C� 7 Q7 8 � O >. O v ro -11 n E w z U 1612 A 3 4 04 a a a w [ h qWq a w c4 w a s a z p a m F a x F E W Lay a FC O H a F F r4 u CO Z r14 a a x w z a H p a F w C m z u Q O Z � " w H x F ro a C7 a' Q a z O - W H C7 O [k a a z H a Q:. g CO z maa z O w w O z: H 2 :H W W a F: w a W W z a" a �-+ a W a m a W. z RC U ca ��� �` W w �' ro : a �� z5a X x x o a m u x m a w m u o H z z o z o a w a a m a a a W a a o w a� a H r, a a o w rU-I O 2 a O H El F z H W 2 2 W a H E1 W C7 H a a z z U oa w a F W z Nw F F z o o a w o o H w x a a M z w z 0 u u H a a s a w w o a > H a w < o F a a x 0 O u w z F Z w '+? ' � �YW 3 fa 1 aw�a a �W a' � Eo c4w��FB "N� F W ri O W O O o a o 3 z p 9 Ck. m F ^.4 H a U fk W Q U CL x 0 a "' z F H U W W F W£ O {x x N x z z a H Cl) U W Q W M twf) .a7 W iii U w O raC cC d FC a: A: O '.7 Q a 3 .W7 W U. a SO+ w a H E. x e m cmn az u x z O p w x m£ C4 z z. w aw r a w w wa a w a a � u o a o a Q x 0 u o F U o a x x w z N A w [a n u n � a a n a: x w m ] w Of U o w a u a M x o F w o o a x a x a ar u Hle z U u m U F w CO x W a g p U CO x w m A x F u U a" W U a x u w m 0 0 u) 0 0. m 'n m o o Ln o n N 0. 10 m� m r. O m d'. 0 0 o w O. r O. m o. m O o Q- M O 0 01 . N 0. 0 O r. O N O O W m lD m tb O. Ln r o m O 1 O M m 10 w O .. d' 0 (D LI) 0 n Q. N m V m O. m r 0 O r:'.0 rl r N V' N M H '.'01. d r O 0 M 0 W O LO Dti <D N 4\ O 01 'm cD M ri: m m m m 01 Lo LD I-i 0\ N O N d m O m m H m m w n O O 0 m N M .-1 ID LO O rl m �-i Ol D\ d' r CO 10 Ol l0 m OD an n d H H i O m ID m O 1 r N N ID d H O N m N m W m w N f m r N 0 r IQ N Ill .-i a\ d' V'' N N rl N. r+1 O m �-I d• rl .iw A. C.] p A. A. p g p A p p p. A p A 0 p p. q p. p CQ A f-1 p p. .: m. m m w w co m w w m w w w m m w m m w w w -m w w w w m w w m m m- m w m m w m w m m w w- m Gq ' Ln m. m m m m. m m m w m m m. mo m m m m m m m m. Ln m m m Ln 0 m m m m m m m m m m m m m m m m. q�: . o o o _o o. o o o o o. o Q o o o -o o o o Q o a. o o. o 0 0. -0 o 0 0 0 o _0 0 o 0 bta:: 0 o0 0 0 0.0 0 0 0 o o o o0 0 0 00 o o o o 0 0 0 0 0 o 0 0 0 0 0 0 o o o o o m m m m Ln m H m ':a,1:' to Ln m in m m m m u> m m m Ln m in m m m Ln m m m Ln m m m in m m m in m Ln m in m Ln N H rl 'i rl w " N. r� ri rl r-1 rl H. N H: rl r1 N r-1 rl ri. N ri rl N. f-I N' ri H ri N rl r1. r-1 ri rl N'. r-1 �-i ri ri ri N L m W �+l 1D r OD Ol o N M LD n N O N. m. m t0 r m ... (N. CN N N M ri rl r-1 N N. N N N CV N N N N M M m t+l m r'1 m M M M d' V'. d' V'. d' -V' d' d' V' d' m Ln m m m 111 m Ln T r M '�1:!' 01 m m 01' m m m OI m 01.' m m m 01'. 01 m m m m 01 m '01 m m m m m m 01 Ol'. O1 OZ at. O1 4\ 4\ Ol 'Ot Ol D7 01.01 01 Ol .-1 ri. r1 �-1 rl ri. rl '-1 �-1 rA. rl ri r-1 ri rl rl �-1 r-i rl. r1 rl r-1 ri ri " ri rl .-1 ri ri. ri rl ri ri. rl rV ri rl rl r-1 �-I. ri rl rl :lA dl 01 01 01 O1 0\ 01 D\ Ol Ol 01 01 01 Ol Ol a\ 01 01 D\ Ot 01 01 O1 Q1 Q\ 41 01 Ol Q\ 01 01 m 01 al 01 m m m m m m 'O. 0 0 0 0 0 o O. O O. 0 0 0 0'. o O o o O Q O 0 0 0 0 0 0 'O O o'. 0 0 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 0 O O Q O O O O O O O o o o 0 O O Q O O O O 0' O O O 0 0 0 O O Q :'0 O O. Q O O 0' O q O O. O O O 0' Q O o 0 O O O O O o: O O O O O 0 '411:: O Q O O' O 0 O O. O '.O O O' O 0 O 0. 0 0 0 0 0 0 o O. 0 0 0 'O' Nry NN NN N N N. ty N N NN N N NN N N N N N N N N NN N N N N N N N N NN N N N N N N a m ; z 0 \ N M v m_ r w 01 O r-I N M m to r 00 O1 O rl N M d'.. m 10. n OD M O ri N M W m IO r M m- 0 H N m dI m LD '.m m m m m m m' m 'd'. d' P V' d' d' ,v d' m m m m tP m m Lo ID 1D. ID Q l0 ID LO 10. w 10 l0 w 10 'D w w w w w LO LD ID 10 l0 w LD lD 10 10 LD 1D 10 .10 lD l0 10 LD. LO 10 w 10. V' d' d' cl' d' d' Aro mrt u U `: n r; r r• n r n r r n r r r r r r r n n r r n r � r n r n r r- r r r n n r r r n r r n r r O U w ,U� o ] � E m 0 C. \ N Sa N rHl .7 s4 N N x U U E Uo ? o C H 8 '8 W U O m A E m z U 1612 "A 3 a a w w ku w w n `n G. a a m n 2 x a f-4 y W a w w a a w W x a a w a o a F a x a m o w F a a w x a a P, a w a H a x a F a a F a o� U) a a z m M z F a z 1 u w u o D a a czn F u x a H w a H F x H U co w w a z W z W H a U z z W w Rt 3 n a z z a ¢ H cn w H a z > m 0 x a x o a z a Cl. o n F u x m a o m rC F a m a W a n a to a W F w . w a F O d O z `a -' Ua G. ) 1 U ] O w o z m a r m w U Z a w O W u a a W W U a W w O F z 0 z a Q: W C# H a w H q a C7 a z w a w z x 3 .4 W Ck O: 'T., Q7 (n m a U) S1 z F a. a H H x z w F a a a w U H ,"� U W Ul $ R: fC. Cn a W F o a F F w x F w O w z w d O W h z W W W w z w o �q H E 7. U U v p W a a °a o W n a w a z ox H OU z W h W W W W Cm'J i 0.' z RG a Q. Pai X W LL M 3C W a W W x a Cn Ul z f1: W. 3 C7 W zz��a�aaoF� v Ca. <8�d� a x w o U a a w a n w u x U a F 04 W x w x x H U U a a x F O W m r+ U o v) F x Pi: C4' tJ z u H z W F 3 N U m fn U FC U: x w pp �, x v u W 3 a O w W p a �+ U a a x W W p p w x p .: iM: O a C4' W. F z W F x t, W F w a W W w: 3 w Ol E: F- m Q a �Q�aWaawzx xa w cq aaaw 0 z coW H U) 11 Fl 0 0 N (X 4 a 0 F F o W F a a x L1 U O a w F C ] p w r4 Q W o w z a a > o o x w m o a w H U a� u u x Q a 3 x w a p U m 'M. O d' �o m O O O u) 0 O O.' 0 r m m m O _W. O. a O O m C iD O 0\ r a O N O o O 0. M O T d' a' Ol O O O ul o O r O O 1D m M O O N m O O m ul M M O m lD O O O' O O :;w:; ..... ..... ...:. ..... . .. .. .... _ .. . :`i•.F: d�.. a. M' V'. M M' 04 H m.'. 0' N O O o r O O O' 0\'.10. m '.ul. m H O 'N N M. 0. m r. H M'r v V) H. d'. H w m O o' m ul Q N M W v M C M r r -t W m -44 O m m H m m H m r 1D Ln o O N N H m O m m '.v M N' N N O H O '1D H V' d' m r <N m H H m N d•. ul M m N Ln N m m O M N H H Ca Ll. Cl 4 C] Q(n Cn Ca Cl Ca A Q C] u) X cn cn cn m U) (1) UD (n U) cn U) W En cf) VD U) [n (D W CO W W W W (n W CO CO CO W co W W W co m W. W W co W U) U) UD m m Cn u) W u) :) :D � � � �: n ;�. � � 5 7 W.n W � � 7 a � � � ] U 7 �: W � O �. W U 5 � � -] a � � � W P ] O u) w u) o m Ln ul u). m m ul un Ln o m m m ul ul m m W u) u) ul u1' w u) m w w u1 u) m w m m m m m m m Ln b :iii: 0 0 O O- O 0 O O 0 0 0 0 0 0 a O.' O 0 O 0' O o. O 0. 0 0 0 '0' 0 0 O 0. 0 O' 0 0 0 0 0 O. 0 O o o o -0 0 0. O o o 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 o o o o O a S4 :. 'ro:: 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 u) u) ul ui' ul u1. u) u1 ul ul u) 1.f1 ul u) ul H u) Lf) ut ul In u) .'A ul H H El F M D\ ''JJ; H H H H H H.H H'. H' H H' H' H H H H H H H H H. H H H r-V H N H H H H H H' H H H H H H H H H H. H N. H..N H H' H H H H H H H H H H H H I .0 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 00 J� m W :rYji H H'. H "H H H H t-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. H' -'-I vtn r- m (Il O H N M. d'.ul 10 r m 0) . O H N M -11, ul 1D r. m 01 H N M d, ul �D r m O H. N M W U1 lD r m m m m m d Q 0 0 0 o O d O O m m m m m m m m a,.rn rnm m rn rn rn m:rn a, m. rn -m. rn:oi m rn o 0 0 0. o o o::n m m O\ 01 01 01 0 0� 0\ 01 Q\ 0�. Q\ 01 6j QI OI 0O 1 O O O O 0 0 0 O Q Q o 0 0 0 0 0 0 O O 0 0 a O O O O O O O O o O O O' O 0 O O O O o 0 O O O O O O O O O O O a O o O O O O O O O d 0 O 0 O O O 0 0 O O O O O O 01 :(ff:: O" O O O O 0 O O O O O O O O O O O O O O O O' o O. O O O 0 O o O: O O O O o O O o O. O O O O OO OO O O O O O O d 0 0 O o o O O O O O O O d O O O O O O O d 0 0 O O O O 0 0 0 0 0 0 H O m r a H co ::a. N :J :.. r m m O H N M v u/ ID r m m 0 H N M 'r u) 10 r w m O H (N M m 1D r m m 0 H N M -. u) 10 r m 01 O X C - SGi M_ M M W l0 `W l0 1D l0 1D 1D 1D 1D r r r r r r -r r r- r m. m m. m m m m m OD: m 0) M M M M M M M M M O -le l0 LD 10 -D -. �0 �D. l0 LD @ lD W- l0 tD 10 1D lD cD �0 10 1p �D 1D 10 l0 1D 1D. LD l0 m \o iD r -IV w ti� w <r d• w w w w c a 'r CQ mN o U w �Q' H p: o H £ m M 0 0 \ H .. .. N it U) � � a is U .�i tr1 N H x U u E Uo >, o � H 8 � U O >, m G o a o m z u 1612 A 3 I !, 3:Ws a a w w m m a :z O F : W N: Q rUZ-1 W. a g 2 [mrl fix] 2 OH WCml a C� B a w U 3 2 0 z o w a a N a w x U a z z x x H m a w a ° w x a w ro x a 1-1 U w � F a C14 U Q F u m a r a o M F w W w a z m w>, u a U m m a a o U w a w a u O m w o w m o z a w x a m a a z H a m 44 W P a z�wa�? 0 uwL4Y2° a w A F x u a a w w 4z V x z m w w w w a Q q F a m w 2 w Wl O m Cwl O 2 Q a: a z a z H w CU a s H �a r-� O a V H: U Q£ W a a m W a Lk H O z a W: H W a W P4 (k: m O W O : z m U O 'z m A w U>, O. m w O z U O Q m :'e7 tx H H W ;x H w z U E U m z M. z a 3 Q Q E m m E :Q 3 U x w a. W a H X FC. O z U a m x w N Q. z O F H w w a s W W E m H. a H a o 0 0 a W 0 v] Ul W rL a' a: W 7 O a a u a z :� o x �-+ a a H d z o x x a a z a u 9 z 0 o Q O o Q >: aV irl [ E u a F z w w 'Z Q a a w w o x w. z a' F o w a Q.: fk W z (Z m �. z O z H t4' N Cd N W x U O O O x x i-+ w w rt rC m O m H N : U F w fk x F a' Pi V 1-� W F 7, W z a z a a o F. a N Q W U H- H : z W a &1 O a W' D !k 0� U .••7777 > cz x Q w W x z a w x o 3 H w o o x x x x o ti w w x o a c? x F w N E m �x w X a 0, u u F F a Q H a Q A z m x a w w w H o -H �. .-. . . o in o ui o m r o o: w 0 M 0 o o m o: -t o rn o . �-.: . o O C l0 OY 0 . ID ::t17 tf) 10 N to O r d'. O r r 1°l. v r O m r t0 t0 :.m r m N. r I m �o m In '.O: M Ln m 'C O O O 1n N 0 M O r :m r m W H r m l0 M m N m m v r, H N M In 1p 0 O. N H M M 0 C O N N r O -N M N m M O H !n m m m lfi r 111 N Ol N. t0 N t0. Ol r. N fT: LO Ill H H ;zo k Q .:Q Q Q A: Q A. A. Q Q A A A Q Q. Q Q A A Q -Q Q Q: Q _Q. Q A Q A: Q -Q Q Q. cn m m ca 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 ro ] A ]:7' A.:7 ] -� Q_A. Q A A. :Q: 7 :] q' ]. z Q ..7.. Q z Q. ]::7 z w m to In tn. ul �. m m In lfl'. to w. m tn. m.. Lo l!) ._un m m m In to m to Un In 0 w to 1n m m..tn Ln N. 1P 111 111 m '.:.w: 0 :0 0 _0 0 0 0 .0 0- 0. o O 0 _0 0 0. 0 o. 0 0 0 0 0 o. 0 0 0 0 0 o. o o. 0. 0 0 0 o o 0 0 0 0 0 b 0 0 0 -0 0 0 0 0 0 0- o b 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 o 0 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 111 III 111 111 to 111 117 to In 111 111 l71 1f1 Ln In In In 111 111 to 111. 111 tP to Lo Lf1 lfl 111 lJ) t11 U7 /P Ol Ln . N 1f1 111 In Ln N tP lfl H .0 Ln ': H H H H H H. H H N H H H ri N H H H H H 1.l m �::� H. -H Hri H H. H. :H' H.'. N ". H H H... H. H'H H H H.H. H H' H. N H.H' w t0 r.. m m O H N M V' m t0 r' m m O'. H H O O H H H H H N H H H N N N N N N N N N N N M M M m M ') M M p .1 .1 y d " v d 'T O'.'.0. O' O. O O' O'.'O. O''.O. 0 0 0 0 0 0 0 O.' O..O' O '.'O. O O O. O. 0 O .O' 0. 0 0 O. O '.O O .'O. O O O .'. o. I.i N N N N N N N N N- N N N N N N N IN 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 .. a\ .01 O\ 0, . D\ 01 41 01 01 41 01 Oi 01 01 Ol A\. a\ Ol Ol Ol Ol 0�. O\ S11 a1 41 Q\ �. 01 pl - 01 m 0 Q\ m m -01 m 0 m m 01 01. 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 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 b 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 o O' 0 0 0 O b O: O O O 0 0 O' o O. O b o O 0 0 0 O: O :O O O' O 0. O O O 0 O O 'O'. O O O O O O O O. 0 0 0 0 o' o 0 0 0 0 � b N N H .. N M W l(1 t0 r m 01 O H N M V' In tO r m m O H N. M .. W In Q r w M O H N 0 O 0' 0 0 0 0 0.<-1 H H H H H H H H H N N N' N N C.' G U N V m..w wm w a' r <r w ww V w w wa qw c a r v� �.c �r w t w W V ma H.H H.HH HH U i�d .. H H H H HH HHH H H H H H H H.H H H. HH.H H H HH. H H H HH.H H �U ca I !, o U w{J H�+ o ] o H � H 0 N N it U1 \ N mbml � � W sa trl v N x U U E U o C H � ivy O m q b a 0 w z U 1612 A 3 £ w Q w a o H a o Ou. F F a. w: 2 E a a m w m a w m E z a o a w a z :w H � � ��co o w E a x ,� >1 z r z w z m EE. fa� E: a W z 0 .7 .d a U a cn .7: m z z a o o x a u -W a Cl) a El 0 a w u z a z a a H w a °a z w w u E. z E-1 E o a a w a z a w u a o Q a a o w:� H z u Q: H a E w ro z s w D: W a a a u E H H U W- Zw' F7 U E vl W �-7 ,Z .7 W H w fi�xx]] W W E a x >+ W m W Q z ,7, H -] a E W a W p �6 "a8ww0mU 11 0]. O M M W f1 W a E a W o U a o x x 4 a a a dr� O W O H a W. Q H u. cn HW . .� H o w m m W w x w u m a o a H m w h a a a n w w a yr m H u o a z W. H 04 2 .. w a E W l!) z H U. H H a£ a F W> rC W Q D: n H z a H a O a F4 U a W H a m U H. H z W W H H a i)4 N U' w W U a u o: a LL D4 o w z a r% Pi z x W E o W w 0: y z L �tl a o N a z H [{j H w H E H E W :o a Q ,3 p u z a. H x �S rf�]�. z o u C' E a cy-n{�. [N[i]7 Hw�yy �a-I (D�� [z] mm .p0Y� [Ey mow/. Qa [�] �a]. (off ���j]y (n (A� [wy U 1� {JW] �E] U Q F a✓ H Q N �i H H Q Ate i ' ++ H W L Wi VaT W W a W l Q E w a a- a a a f� o u C7 E 3 o R;a 0 H N x u o P'i to x Co o z u g w x w a+' CL z W Hl a W a F U O W U u] a W g U W H w. r_1 W- .7 z U U. H a E U x H z a w cJ] Q7 W cn rt w a a M ,7. .] 7. z F '-7 H Sa x a H x z w. FC .7 H E H a a U z z a E u �l H a u cx w w H a n a cn ro E w u H o E a z Q Q o a a w o° a z Qa a a u w u m � a E 7 M a w W E w w w z 0 w Q a to cr a w U rt CO W E x Px w z w N z Q a m i E z x> a a m Q z w w co w z 77 > H o o n w a ch ,yy U U. H. X E U E U .7 E. U i7 W a £: x a U w Ll: a w. h> V U a 0: U �..m uwi w m _r O In m o O. N. 0 0 10 'M O 0. O. m. O In 0 0 01 "0 0. 0' O N 0' 0. 0 0 to . 0 0 d' H o O m O' m 0 -01 O c-I. M H 0- M to O �D m O Cl O M N r O 0 M 0 0 0 O M O 0 M O O M O m d' i11 O O to O H O .. . .. .. . :. ... . :. . -.. . . >:;!•'�: 0 Ln O r+1. N W r: m M r m tD m H l!1 N m In m In 0. o O O M' O. O o M r In M o r m H 1p h' m lfl m :0 In N m m N Q O lfl M 0 M O m lfl m H m m m r m �o O H r M r w m to l0 Lo M 01 M H In H H v n N H N H M d N m m 5a g A A A A Q Q A q Q. A A Q A Q A A In Q Q co m ul m Cl) rlr co w w w w m cn w cn m m w w W. rn cn. m w Cl) m Cl) m. cn co m cn cn m m w m w w Q A a A :Q Q x A o Q CQ ": m m In In In x In '4n. m m In In In Ln In Ln. In In In In In w N In m 4n In w m 0 m In 111 In N LO m '4n U1- m In w In Ill. 4y: 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 o 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 o 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 %-I ':::Ii:: NNNNN NN NN N.NNNNN NN N.N.N. N N N NN NN N N NNN N N N N N N N' N' N. N' N' . E M ::I.}� lllln lfl lP. � Ill Lfl 1n In lfl lfl Ln lf1 Ln o in to 4n In In In In to �. Ln lf1 1f1 471 m m m Ln u1 411 ill to In m. m tn. Ln m m L(1 .0 LP H H H rf H H H rl H H H H H H H �-1 H H H ri H ri H H H H ri H H H H '-j H H H rl H rj H H H H- 1/ w 'H ...... N M. d' 111 to r m a\ O H N M I.n 10 r m O N. M d' lIl 10 r m Ol O H N M 'W' In to r m O H N M \D w H 0' m n to In n N D �0 4D w ko to to p 40 l0 r r r o r r r o r m m m m m m m m m O Q O O Q a d m 0 0 0 0 o o o o 0 o o o 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 o o 0 0 0 0 0 0 q\ 41 Ol of 01 01 O? Ol. 01 Ol 0\ 01 01 01 01. O 01 01 01 01 Q\ 0� 01 O1 a o 01 Q\ D1 Ol 0?: 0 0 0 o Q o. 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 n o 0 0 o 0 0 o o o o o 0 0 0 0 0 0 o o n o 0 o o 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 00 o 0 0 0 0 o O O O O.' O O O Q O O' O O' O 0 0 O 0 O O 0 O 0 O o O 0 0 O O. O' O O O O o O O 0 0 o O o. O 0 0 o o. 0 0 0. 0 o o o o o o o 0 0. a o. 0 0 0 0 0 0 0 0 0 0 ..0 0 0 N (N N N N N N -N N N N N N N N N N N N lV N N N N N: N N N N N. N N N N N N N N N N N N N N a rn z W o a lD r m m o H N M d' m 10 r m m 0 H N M In m a\ 0 H N' M H In \o r m m O H N M -t In 10 r w .k ('.YG:: d' d' d' d' d' 411 to in: In m In I11 lfl U1 tll lO 4D w l0 10 ID 10 . d' H d' H :H d' d' d' d' d' d' d' d' H d• d' d' d' d' H H G m ro u H H H H H i H H H H H H N H H H H H H' H H H H H H H H. H H H H H H H H H H w w a Q u o U d• U o £ f C, C, N N Fa \ N ( J 4 �4 2J7 N X U U E U o 0 ?� o C H U O C ro a E O ro O M z U 1612H3 Ln l a w w x o b � � w z a a a H 2 w a (n O H p H E a ul CaL. : W v C m a .d O a E z W a 2 b C w N O: O a N N H N Ga. m CO C4 w °x a U � ul ro ro o w m Ha ,� w w z a a v v u v z o m a A a A z K4 w m a w a w v ro s m w z z U H -: D a FC CL A v: G W ro w Q w p ' v v Sw+ o z m¢ a U H w w m ro w o v a u a s o H H U w z � ° z °° m row w w w w � w z w o w P f, a a w w w a w f H ' @4 z�BFt� QI q z o a- a Q/ N W z U w a- .i w w w En O O ZO C7 a£ U H N i y N i v O w Sa l C C QI Q4 a u3 Ga. N w w7 Wl 2 W N £ N EH 41 o u7 o> 1-� u a v ro N ro N a W z ,CH a' a s a N a a z H u) u H H 7 ro ro Q, C �4 U 't v w w Q z z z a s w w U E w C Q w W m cn m w ¢ w w U w z Q. z U rd ro v o Q, �4 a¢ o v z a o w E a z z w C7 W v C7 C7 q W o W ro z v -ul. v f�. o N a z s4 Ul v N N zz a C C w w H H -5( w z �-+ a m o z ,.> m .a ro v �4 ?� 1¢ a C v v v -.+. x z x t� a Q: Coil H ww U o J� c Hn wHw z a o w a vN yn .HN HO v sNN .H a F vF z a i H mm rtrt aH uC mw F aE, u�4 l x z w H t4 y tL.� >. P W 'N H U N w fA :W z 7.+.3 YJ" .�] z. w X F Z a. A z H O C C 7y m r.0 ro .+. E O ro H 2 O Q7 C [n U N z 0 N ?� O H t o O A z 1 W O N 0 s X 0 O (Y C w m wH b U r x > x u � a d d v a w H z x x Q C z H a H Q� o v o zy a H U z Q Q a v -- N �4 -H 3 + H �3-( C C rt0 f rO -� f a . amH O O D O a' 3 H O ro a 0 0 r�x 7 O � ' QW Oa . -. > H U a m h a i a CL Q W W 0 Co . s - 4 N. O. L(1 O O. o o 0 0 'O O m O. O o o�o o o '.m r 'm'. O N. d' O M 1f1 H Ln O O. O ul H o o 'o' O 0 o m m O n O O O O O to O- O O O O O O_ M. l0 H. O N. M 1p m. r r r O O m m N N M N In N EV O H N 0 d' H. -t M In W m_ N r w b. N M d' d' N ..Ln N ID. H. N L H : r ri H ry H .d:9:- z.; 'N A.:A A A A A A A A_A A A A A A A_A A A A A A A.Q A.A A A A A.Q A A C7: u) co W W W O U) U) cn n U- co co Ul co co W W n co cJ V n m U) W W n U Ul A W u) cn (n !n (n (4 cn m w w W u) cnm A:.D ro A �: � �:0� � :A. � A A A. �:� A � �.:� � � A.A A:A A ❑ a �: ] D �:� ] � A A A �A ]:A m ui (n (n Ln m u1. W cn Ln m Ln ui W ut Ln un ut (n ui w Ln N ui u'1 W to Ln in m to irl 4 ul . to u� W Ln in ul ur 0 0 0 -.0 0 o o o in . o 0 0 o o_o o o o o. o o b tai o 0 0 o o . o_o o a. o o o o o 0 0 0 0 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 o o o o o .o :`: Ln L(1 u) tla ul Ln Ln Ih ul.. ul ul lfl u) Ln u) 0 If1 111 L(1 m Ln ln. ul In 111L(1 In ul 117 u1 In 111 In u1 ul lfl lfl In In ul In H 1-4 w -;: r. m m 'O. N M 'r m w r. m Ol. O .H N M Ltl 1p. r m m O H. ry M V In lD. r d' m O H N M ul. LO r m O 0 m o O Q O o o b O O H H H H H H H N N N N N N N N N A:1 M M M n M e M M V d d d H. H- H. H H' H N ry N N N N N N N N N N N N N m m m N N N N N N N N N N N N N N N N N N 01 <T 4\ Q� T Ol O1 01 Q1 Qi Oi O1 D1 O1. D� 0� Qi O� Ol Ol 0� O1 Q1 O1 O1 Ol m m o '.O O O O 'O O O :{`•. ?f 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 O O O O O 0 O O O :O O o. O O O O O O O 4 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 NO O O O O O O O O O O O. O 0. O O o 0 0 0 0 0 0 O -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 W r a \ W o N ::. Q� O H N M W to r N O1 O H N M d• In 1D r O M O H N M d'. u1 W r m 01 O H N M W ul 1D r m M O H N O. o o H H H: H H X X �; H H H H ro ro u 0.l RI FC •r~ U r r r r r r r r r r r r r r r r r (� r r r r r r r r r r r r r r r r r r r r r r r r r r o U H •• a o £ 0 0 N s4 \ N rH-I .7 L �4 Q1 1-I X U U Uo 0 >. o 1J H G O U W O m >1 ro a W z U 1612 A 3 yeti: z cn w w z a w �-J CIO a °w uE-'i W El z a a z H El a w F14 a Co 0 14 o w a x n m a w z a a w a v Ci w 414 Ih m Q W w 2 w L7 Q4 <£ RC C7 m H x :Itl U a w F: w F 0 [O 114 ,7 z H w Ul. pq :U a w w a a w z a a a v o a� a z w a° a w. z 2s w w I a U E m z ro co r H z to x w z m\ Q, a s z w (F] w a (� a��a ] a a w a> N w p 0.0 �+ �. W o..a s,. o z F z h a O E a w co w a ID M' O H O Ot O CD O H N m 0 0 O. O N �t o p p p . O� 01 O' m N. O L(1 m m H'. N Ln M r O o O H m H l0 N N M W �o M r r O O m- M H H N N N d N O In Q N M C H m gACaAQOAagcnwwwc�wmmm ca X .: W C0 a a a a �D : V1 U1 111 U1 111 If1 . In 111 aJ b ;qra oIn oN oto o o 0 0 0 o 0 0 a 0 _0 %4 ;ij:: '. o 0 0 0 0 0 0 0 o 0 00 00 00 0 o M.: :: El F M 1[1 tP Ln to ul 111 Ll1 fn lf) tI1 N Ln r r r n m H'H H�-/ Ol jJ:: H.N.H rl HH HH H H' H H H Nom. W H m Ol. O H- N M C if1. M r r m 0) o d' : W. W d' d' W In o 111 L(1 111 LD W r n r OD ' : 0� 01. 01 01 01 Q\ 41 01 01 Q� av 41 Qi. Ol O\ 01. 01 O 'O' O O 0 . O O O O O O O O O O O O O O O O O O O O O O O 01 ��; i(j,} O O O O' O O. O O O O O. O O :O. 0 0 0 0 O '.O' O O' O O H a m Q o Z \ .0 X �' S3 �? U it Qaa� E: N M W Ln m r m O H N o H N M d' u) F: �ro wrt 4 U � o C, r n r t r r r r r r a x 1612 A 3 o U w�J .. rx o � f w m 0 0 N N F1 Q \ N C w �r w s4 P. Ul M N Sa X U r U E U o 0 > o 8 '8 O >. v) C o ro E m z u 1612 A3 1 a w v w w w w o w w w w w a ro w a a U) 0 0 o z a z a ro w >� u u u u x Z w w a m G w w w z m o z w v E 88B[� N8w a m ao It w' fs7.. z .+. � ro. 41 w W U �2 O O? H 04 z G F F F U ro FC v 04 m ?C O D U ._ O a4 h d 8' u u u w F w a a w v m w a cw a w a a w c4 rt El a o z aaarxu 0uuww c �, w aa1-1 0134 s00mw u.cw o 0 0 o a s n. a 0 a c 0 u v u w w o u u a u a h a w i%n ul w. u1 O. O O tp m t+l O. w o O N N1.. N w 0 O.. N m m O. O O ul m m io Ln m r o m m m w m o. m N N w: w 10 N m m to ..171 m r ttjjJJ V' �0 M N N N raAQAraoracacoQAararara ra X w(n mD mm�,�D �, D m 0 to tin. u) 411. m u 111 ) u1 ul m w m m 14 0 o. o.. o. 0 o. 0 o o 0: O. 0 o. 0 0 0 o o 0 0 0 0 o 0 O 0 o o 0 o .Elul ul ul i17 u1 .. ul N lfl L(1 u1 L lfl ul F n : a! � .0 In W r lf1 1p f-1. m ul -.11 ul �O m O ri N N r'1 O m r-1 w H m O 0 O t+l r+l 10 <T {�. N W w N 1J N N- N N m m m 0) m rn. m m m m m U) O O O d. 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 ro o.:0 0 0: o 0 0.0 0 0 0 0 0 0 o a 0.0 O O. 0 O o o. 0 -.0. 0 O0 0 y N z o \ m w o to 4J �?. �4 u: a X p N m U E v 7 U u1 �o r N m O ri N r+f d' u1 l0 r N m X C ro :.YC. w v -,t W d- u) u) u1. m u). u1 ut ul ln. m N C O w. w ro Q n r r r r r a mro mro 1612 A3 N q O is N a O H r-i O a IT O O a a O E H O C M -rl a Q 44 �4 O a Q) a Q) Ln u O H O H rI N a H a H � 1612 A L, 41 Ln 10rW HN MLn 10 dv 10 r 00010 H N 1O C001 O H N(`'1 41 U") IO H N M[M Ln IO r CO OIOH N M Vl Ln ko r CO �':(3 MMMMM V' d+ -zj, zi, -,t Ln Ln Ln Ln 10 LD CO to �o lO r r r r r r r CO oo CO co co CO O o co m 01 01 01 01 0) m mm LD w w "O "D LO w w�D w 1D H H H H H H H -i H H-i H H H H H H H H r-I H H H H H H H H H H r-I H H H H H H H H H H r-I 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 :;:. D\ O1 Ol D\ 41 Q1 Ol D\ Q1 Ol 01 O\ Ol Ol D\ D\ al dl O1 01 01 Ol 4\ Ol 01 O1 Ol O1 Q1 al d\ O\ 01 01 O1 4\ al 01 O1 Ol 41 01 Ol 61 01 01 ji O O O O O O 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 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 SI. 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 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j; 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 Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln U) Ln Ln u) Ln Ln Ln Ln Ln Ln Ln Ln Ln Ill Ln Ln Ln Ln Ln Ln Ln Ln Ln u) Ln Ln Lf) Ln Ln Ln Ln Ln LI) 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 V oCD o0o000o0oo0 o00000ao0CD 0oo0o0000oo000000000o00 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 1, V' Ln Ln Ln r r r l0 lO LO w l0 lD 1O r r r r r r r r r r co oo o0 o0 W o0 CO CO CO o0 oo cc) CO o0 00 oD CO o0 ff7s Lf)0001N MMr 0 CO V•Ln Or ONr Or Ln O 0000 CO O M N 01100000100 o 000 r O O r O(D V, r 0lO Ln co r 10 V•Lf)r 00 Ln O 1001 O0o 01 O O 10 Ln O m O Ln M CO O N O o r O 0 o V'NHOO Ln 00 V, N H(MMOo Ln ON OO T o r M 1001 Ln 0) 010 O N H Ln 0110 r N w O 10 Ln 001 M m r (n N N N w H w c) M HO N N O O Ln M O LnN wr NM HOMO w M Ol 11 M H OO w O CO NOO -V 01 N o Ln CO r r r CON H<i'N -q lw OM w N1OMr rrH VA N Ln H w N M H M In Ln ON W r H M O O V•-�H CO Ln OMOr Mr CO HN .11, (V) H10 N wr- 0 c OI OD Hr Wr N OD H HO 01 H CO OHH w V'HHMLn rHMMM cr M V'w rr-I V' O W H NNM wMMHON Ln ON N N M r H (N O H M H H (N H w w Ln H H H U W W 44': z U] U U z H z z Cl) H U U H 0 H . O H a 0 H >Aa'Hr 'D z+ U) HH H O -ate H a w OIx l: 0 H a ar o a a a a ,.._, F:� H a w m l w x wa Ho o w Hm Tl FC4U o 40 o O UGH cnU U U U U z a H U O Z Cl] .'l. w Qz W� Cx ZH404ZMM UZ Z`�aw Z a � waFC Hz o woH x cx w a H� z O z U X h I z W F+ F-I O H U) (Y., H o U c) i Q x .' 4 U H z H z Q HH HZ EaWCl. CO U ,4UUHZZ0PUC:0Z04 ZCnUM H z a H H HHyaUX z I~zzUHW�3:U zUOOW -I"Q U Q W � tU: V)U U H�:)HHZO �4UH fL ""now noo .aWO0 �(14m UH mmu z� Cl) z Dz C4 w w 0 U z W a C7 0. a z Cn U] W p: a a Z Uz `4 Z H �H 03CH1)a�WUZ0Fa HU) Z " H Z W W DY Cn HM U) 0 U �I a. Oxz F'; FCMx �QQ zu O pjHOW f:4Z OH OQQH zCtl H- HO000zI-dHO<WQCQ QIUHO Oar aH �W U U P HHH�W0 z.�Cx[4U XUaU0HU din U Ix[i.K4 Uq(� H .7U �,3 W U)z UH OH U)?+ z W H>1 Q,' HHry'C>:, WOHy4QZrxF::Cz�H X C4QxyH<. 4 arxaaWXwoa4Qi wHW UU >� O w ZCn IXPFHO o xH mIrwwHaa wa, 004M rxwa HO 0 C) 000 000P4H D4Fpu QQaWHWWDoawW40WWWUaoa QZWaaoD aq oaQ�HU�C7r�almv )QC7]C333�CQwC7hx�UwxC7rCha3UUm nNLnHH Co CnM Ln r- V, Ln Ln r- c> rmM V MO1 cnm0 -1 -I O1 cr CO M w Ln -i m Mr Ll)r w w lf)r x1001 Q: HN"j,mO Mm w H01rH r r 01 d' r HMM w CO O H N r wmm r Mrr w LnOrON w CO r M N W 0o O m lD H,41 w r 01 r O N d• M M CO O m 01 V, H N O CO m M w r H r N M Ln O V• V• O w M M O H M O H O N LO 0 0 0 0 0 x-1 N M W H CO 0 0 CV V� Vl 141 W M 01 0 0 0 H H H M M Vv q VV 1O N 01 H O N G '! O O O H H O O O O O o 0 0 0 0 0 0 H O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ri O H O L, MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: November 23, 2005 RE: Miscellaneous Correspondence - BCC Agenda X012 B } Misc. Correspondence Agenda Date Agenda Item # 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. Cedar Hammock Community Development District 1. Cedar Hammock Community Development District has submitted the following item: a. Minutes of Meeting held July 11, 2005. Thank you lspeciaRspecial Misc. Corr6s: Date: J a 13 Item* Copies to: 1612 1 Cedar Hammock Community Development District B 210 N. University Drive #800 • Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 • Fax: (954) 796 -0623 DATE: Memorandum to: November 18, 2005 ATTN: LONNIE U.S. Home Corp. 3957 Sawgrass Run Naples, FL 34112 RE: Cedar Hammock C.D.D. Minutes of the July 11, October 10, 2005 meeting 2005 Meeting approved at the Enclosed for your record is a copy of the above - reference minutes for the Cedar Hammock Community Development District, which are to be kept on file for public access. JPW /rbf Enc. FOR INFORMATIONAL PURPOSES ONLY: ATTN. JIM MUDD Collier County Manager Governmental Center 3301 East Tamiami Trail Admin. Bldg., 2ND Fl. Naples, FL 34112 ATTN: JAMES L. MITCHELL Clerk of the Circuit Court Finance Dept. 2671 Airport Rd., Court Plaza III PO Box 413016 Naples, FL 34112 -3016 David Haughton, CPA Berger, Toombs, Elam & Frank r r- 111 Orange Avenue, Ste 300 Fort Pierce, FL 34950 NOV 2 1612 g 1 MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday, July 11, 2005 at 11:00 a.m. at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida. Present and constituting a quorum were: Ronald Rellinger Frank Reynolds III Donna Lessard James Shaw John Stanley Also present were: John Petty FIRST ORDER OF BUSINESS Chairman Vice Chairman Assistant Secretary (Via phone) Assistant Secretary Assistant Secretary Manager Roll Call Mr. Rellinger called the meeting to order and Mr. Petty called the roll SECOND ORDER OF BUSINESS Approval of the Minutes of the May 9, 2005 Meeting Mr. Rellinger stated each Board member received a copy of the minutes of the May 9, 2005 meetings and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Reynolds and seconded by Mr. Shaw with all in favor the minutes of the May 9, 2005 meeting were approved. THIRD ORDER OF BUSINESS Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2006 and Levying of Non Ad Valorem Assessments Mr. Petty responded if you would just call to order the Public Hearing similar to starting this meeting. Mr. Rellinger stated number three Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2006 and Levying of Non Valorem Assessments. R t:= pq r -: NOV 2 16L2 j� 1 Cedar mock C'�D July 11, 2005 .W Mr. Petty stated Mr. Chairman if I could now that you have opened the Public Hearing. It would be appropriate to take discussion and comments on the budget at this time once you have gone through discussion and comments we will ask you to close the Public Hearing process and then we will ask you to consider a resolution adopting the budget. Mr. Rellinger asked are their any discussion or comments on the proposed budget as detailed in section three? Mr. Stanley stated not on what is in the budget but the resolution does not match the budget. Resolution 2005 -6 says the budget is going to oe ayJ,i50V anu CVU1yL11111r' 1 Z'vv ui uiv budget says $96,360. Mr. Petty stated I have resolution 2005 -6 which states the maintenance assessment will be $120 to be levied upon each tract or parcel of land within the District but I do not see the sum the supervisor is referring to. Mr. Stanley stated the first whereas clause in the assessment in the resolution. Mr. Petty responded $95,860. Mr. Stanley stated everything in the budget says it is $96,360 Mr. Petty stated no sir, if you look on page 5, boxed at the bottom, general fund assessments proposed for fiscal year 2006, $95,860. If you look on page 4 under revenues you will see that the fourth item is interest income $500 and that is the difference. You would not do assessments since you have interest income. Mr. Reynolds responded ok. Mr. Petty stated it took me a while to catch up since you had caught that difference that I had not. I apologies for that. Mr. Rellinger asked is there any further discussion on the budget. Mr. Reynolds responded I know that our debt service has been paid off. As far as how that affects our fiscal year 2006, I would have to close that to Mr. Petty, also. I can probably have the developer send verification of it being paid off. Mr. Rellinger asked Mr. Reynolds; you said that the debt service was paid off? Mr. Reynolds responded yes. Mr. Rellinger stated it was not due based on last meeting till November. Mr. Reynolds stated right. After the meeting, I do not know if you were able to call Mr. Brian Sabian? 2 July 11, 2005 Ice ar la2ock 9D Mr. Rellinger responded I could not get a hold of him. Mr. Reynolds stated after the meeting he informed me when I went back that he had tracked it down and found it was paid. Mr. Rellinger asked do you have a date or any details? Mr. Reynolds stated no more details then that. Now lets not place this on record as far as if we need a special session to adjust this budget because it said let me have him contact Mr. Rellinger so he would be able to forward that to your offices. Mr. Rellinger stated 1 do believe that the 2006 budget did consider the debt being paid off. Is that true? Mr. Petty responded Mr. Chairman I find a number here in resolution 2005 -6 that specifies $25,512 will be the assessment for debt service for fiscal year 2006. Let me put it to you this way, we can always bring the assessments down it is bringing them up we cannot do with out notice. Since this is a minimal amount and maybe subject to bond funds in the last year because you should be applying any reserve amounts in your last year. Mr. Reynolds asked is that in a reserve account then that would lower the assessments? Mr. Petty responded you should be using the reserve account to pay off your last payment because typically the reserve is $10,000, excuse me 10 %, of the bond amount. It could be the reason we have the $25,000 is because we are trying to make the numbers work. Forgive me for not knowing specifically because I am here substituting for Mr. Ward who had a conflict, but I suggest to the Board that they consider appropriated and we can always bring the matter down to zero if that was to be the case. Mr. Shaw asked who initiates the action? Mr. Petty stated we have approximately two to three weeks before the process of notifying the property appraiser until the final roll takes place so that is the time period that we have to address the situation, we actually have a little longer if we call the property appraiser and ask them to hold. You had referred to a gentleman earlier that you wanted to call and talk to. Mr. Reynolds stated yes the account manager for this bond. His name is Mr. Brian Sabian with Lennar. I apologies I should have brought something with me to verify again I could produce something by the end of the day. 3 NOV ? , 2005 July 11, 2005 ledka[2k CIE I Mr. Petty stated it should not be too difficult to get those together for us. It is a simple matter of calling the trust agent to find out what is remaining if the board would give us the next three weeks to confirm that with Mr. Sabian at Lennar and make sure that the numbers match. Mr. Rellinger asked instead of three weeks can we get a affirmation letter to be on record as to if it was paid off and as to the issue of the $25,000 and also reflect it in to the 2006 budget? Mr. Petty responded the final status will be sent to you by letter, sir. Mr. Rellinger asked so there will be a letter forth coming explaining all that? The question is do we adopt this budget today or do we wait for the revision? Mr. Petty responded I suggest you adopt the budget today. We can always go down on the assessments; it is going up that we could not do with out a public hearing. Mr. Stanley stated it would be a miracle if we go down. Mr. Rellinger stated we did go down a little bit since 2005. Mr. Petty stated you went down to $25,000. Mr. Rellinger asked is there a resolution to adopt the 2006 budget. Mr. Petty responded we would ask you to close the public hearing if there are no further comments. Mr. Rellinger asked are their any further comments from the public? Mr. Reynolds asked so it has been moved to adopt? Mr. Rellinger responded no; first, we are closing the public hearing. Mr. Petty stated now that the chairman has closed the public hearing it would be appropriate Mr. Chairman to consider a motion to approve Resolution 2005 -5. On MOTION by Mr. Stanley and seconded by Mr Reynolds with all in favor Resolution 2005 -5 Public Hearing to Consider the Adoption of the Budget for Fisca Year 2006 and Levying of Non Ad Valorem Assessment Mr. Petty stated it is appropriate for the Board to consider Resolution 2005 -6 levying a maintenance assessment and debt service assessment within the Cedar Hammock Community Development District for fiscal year 2006. 0 July 11, 2005 le6l2k C& On MOTION by Mr. Stanley and seconded by Mr. Shaw with all in favor resolution 2005 -6 A Resolution Levying Maintenance Assessment and Debt Service Assessment Within The Cedar Hammock Community Developmen District For Fiscal Year 2006 was adopted. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There being no report, the next item followed. B. Engineer There being no report, the next item followed. C. Manager Financials Meeting Schedule for Fiscal Year 2006 Mr. Petty stated the only item under the managers report is the consideration of the meeting schedule for fiscal year 2006 and if you do approve we would like that in a form of a motion. I think that it is the last page in your agenda package. Mr. Stanley asked how close are you to having a full Board of residents? Mr. Petty responded in November 2006, Mr. Reynolds is up for re- election, Mr. Stanley and Mr. Shaw, at which time you will be considering residents. Mr. Stanley asked what was the date of that? Mr. Petty responded November 2006. Mr. Reynolds stated it will most likely follow the July meeting. Mr. Reynolds asked does that work for you? I know you were discussing the possibility of resigning. Mr. Stanley asked what would happen if I would resign? Would you have a special election to nominate another resident on or would you do something else? Mr. Petty responded you have no option there you must appoint that is your responsibility the Board has to appoint that position. Mr. Rellinger asked where would the appointment come from? Mr. Petty responded from this Board. Mr. Rellinger stated I understand but the appointment. Mr. Petty stated it is up to this Board. It could be a resident but it is not required. Mr. Stanley asked do you have any in mind? Mr. Reynolds responded none what so ever. I think we are all on the same page. 5 Na � ` 2005 July 11, 2005 lkucfi 1 Ced Mr. Stanley stated well I think that I will resign. I am trying to cut down my trips to Naples, I live in Port Charlotte and I try packaging things together and last month I played golf instead of coming to the meeting and I do not think that it is fair. This time I came thanks to you, I really read the minutes and looked at the budget stuff and I thought I owed it to come vote on this but some of the stuff a resident deserves to be on. Mr. Petty stated it would be appropriate then to have the supervisor submit a simple letter stating resignation of what date. Mr. Stanley stated I brought it with me. Mr. Rellinger stated he is three steps ahead of us. Mr. Stanley stated I will write it up but did not know that it would come to this. Mr. Petty stated Mr. Chairman if so, you can consider it at this meeting and the resignation becomes effective at the time the Board accepts it. Mr. Rellinger asked so should we make a motion? Mr. Petty responded it would be by motion. Mr. Reynolds stated so at this point we will need not another Board member at this time unless the Chairman feels it is necessary. Mr. Petty stated as long as you have a quorum in this meeting your fine. The next meeting will need a quorum but the appointment does not need to happen immediately, you can do due diligence. Mr. Shaw asked do we need a motion to accept the letter of resignation? Mr. Petty responded if the Board does not accept the Supervisor who wants to resigns letter then they are still stuck. Mr. Stanley stated I told you exactly and if you want to that is fine. I am telling you if there is nothing on the agenda of my interest then I am not going to come. The budget stuff is important and that is why I came. On MOTION by Mr. Rellinger and seconded by Mr. Reynolds with all in favor the resignation letter from Mr. Stanley was accepted. Z July 11, 2005 on Mr. Petty stated we would like the Board to consider the meeting schedule for the next fiscal year. Mr. Rellinger asked before we make a motion is there any discussion on the schedule dates? There not being any, MOTION by Mr. Shaw and seconded by Mr colds with all in favor the meeting schedule for thf fiscal year was accented. FIFTH ORDER OF BUSINESS Supervisors Request and Audience Comments Mr. Rellinger asked are there any supervisor's request, audience comments, new business or anything for further consideration at this time. Mr. Reynolds stated I should mention the engineer was on history and everything as far as the infrastructure and the roadways seem to be complete at this point. Last time we met, he was trying to get the approval. Mr. Rellinger stated I meant to look at that today. Over there on the Sawgrass the asphalt in the parking areas, not the street but the parking areas, I think that Earth Tech is suppose to finish that off. Mr. Reynolds stated I will speak with the engineer and see if he needs to at least send some statement. To the next meeting make sure we finalize all the road services. Mr. Petty stated Mr. Chairman if it is a capital projects program that you are trying to close out the district engineer will have to submit a written report stating the system is complete and any adjustment, basically an as built report, to compare against his preliminary report issued through the bonds. Mr. Reynolds stated Mr. Underhill from Banks Engineering. Mr. Rellinger asked this written report is for the completion of infrastructure? Mr. Petty responded that is the process. If you wish to call it your capital program complete, it would be the appropriate way to handle it. Mr. Rellinger asked Mr. Reynolds you will be contact Mr. Underhill and make sure he will submit a letter to the committee? Rf� 0E,''lVF 7 NOV 2 2 2905 July 11, 2005 tk lar2ock B)D 1 Mr. Reynolds responded yes, just so that I get a peace of mind that it is being finished also we want to certify it. It has drawn out so long. It has become an encumbrance to the homeowners. We would really like to finalize it as a Board in both aspects. Mr. Petty stated if it is not complete, we will just be looking for a status report from the engineer. Mr. Rellinger asked with the resignation of Mr. Stanley, how will we go about securing another Board member? Mr. Petty responded it is usually done through kidnapping, if you will. The Board will select someone who they consider a peer who will do due diligence in the office. It will be up to each Board member to submit a name during the next public meeting we have or whenever you consider the replacement. We will take nomination from this sitting Board. If they get a second, we will vote on each one, the one with the most votes will get the seat. Mr. Rellinger stated October 10, 2005. Is that a typo on the last page? Mr. Petty stated no sir; the beginning of fiscal year is October 1, 2005. Mr. Rellinger asked would we consider an individual on that particular day? Mr. Petty responded if any members of the Board have a nominee they would like to bring, we certainly can. I can put it on as an agenda item if they are no nominees we can continue the item. If the Board has no one to consider we can do it, anyway the Board would like to consider it. We can put an ad in the local paper; post it in the homeowners association, etcetera, etcetera. Mr. Rellinger asked can we post one here? Mr. Petty responded certainly and we can do that without any formal action. Any member of the Board can do that and also try to secure a nominee. Mr. Rellinger asked are there any further considerations at this time? SIXTH ORDER OF BUSINESS Adjournment There being no further business, July 11, 2005 16J2I Ha ck CDD On MOTION by Mr. Shaw and seconded by Mr Rellinger with all in favor the meeting was adiourned. mes aw Ronald Rellinger ssist t Secretary Chairman NOV 2005 9 1612 1 AGENDA CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Monday Cedar Hammock Clubhouse July 11, 2005 8660 Cedar Hammock Boulevard 11:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the May 9, 2005 Meeting 3. Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2006 and Levying of Non Ad Valorem Assessments 4. Staff Reports A. Attorney B. Engineer C. Manager • Financials • Meeting Schedule for Fiscal Year 2006 5. Supervisor's Requests and Audience Comments 6. Adjournment 1612 B 1 RESOLUTION 2005 -5 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2006 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Operating & Debt Service Fund Budgets for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 11 h day of July, 2005, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; 1. The Operating & Debt Service Fund Budgets heretofore submitted to and approved by the Board is hereby adopted as the final Operating & Debt Service Fund Budgets of the District for Fiscal Year 2006. 2. A verified copy of said final Operating & Debt Service Fund Budgets shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings ". Adopted this 11th day of July, 2005. I41-4 tt:52 Ronald Rellinger Chairman Jams P. Ward Se retary Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------- - - - - -- CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 056685 59057362 Notice of Public Hea 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: 06/23 06/30 AD SPACE: 113.000 INCH FILED ON: 06/30/05 1612 B Notice of Public Hearing Cedar Hammock Community Development District ---------------------- - - - - -- - - - - -- - --------------------------------- Signature of Affiant Sworn to and Subscribed before me this__;�a day of 20 !�:)S Personally known by me ro 1M1? Q111; Harriett Bushong r MYCOMMISS0# DD234689 EXPIRES July 24, 2007 30NDFnrHPII TpC\' C61N INS,IppNCE INC The Board of Supervl -, sors of the Cedar Ham- mock Community Devel- opment District will hold a public hearing on Mondayy July 11, 2005 at 11:00 A.�ui. at the offices Cedar Hammock Club- house 8660 Cedar Ham- mock Boulevard, Naples, Florida, for the purpose of objec tlons on the adoption of the budget(s) for the operation and mainte- nance of District facill- ties for Fiscal Year 2005. In addition the Board will hear public com- ment and objections rel- ative to the levy of a non ad valorem assess- ment pursuant to Flori- da Law for the purpose of funding operations and maintenance and principal and Interest expenses of the District. The District may also fund various facilities through the collection of certain rates, fees and charges which are Identified within the budget(s). A copy of the budgets) may be obtained at the offices The Board will also consider any other busi- ness which may proper. ly come before It. The meeting Is open to the public and will be con- ducted In accordance with the provisions of Florida Law for Commu- nity Development Dis- tricts. The meeting may be continued to a date, time and place to be spechled on the record at the meeting. There may be occa- sions when one or more er telephone so tnat any, interested person can attend the meeting at the above location and be fully Informed of the discussions taking place either In person or' by telephone communi- cation. Any person requiring speclat accommoda. tions at this meeting because of a disability or physical impairment should contact the Dis- trict Office at (954) 753- 0360 at least five cal- endar days prior to the meeting. Each person who de- cides to appeal any de- cision made by the Board with respect to any matter considered at the meeting is advis- ed that erson will need a record of the proceed- ings and that according- ly, the person may need to ensure that a verba- tim record of the pro- ceedings Is made, In- cluding the testimony and evidence upon which such appeal Is to be based. James P. Ward Manager June 23, 30 N..1096274 1 Cedar Hammock Community Development District Table of Contents Fiscal Year 2006 Section Summary of All Funds General Fund 001 Summary District Administration 1612 B pages 1 -3 4 -5 6 -7 Debt Service Fund 201 B-10 1 Cedar Hammock Community Development District Proposed Operating and Debt Service Budget Fiscal Year 2006 May 9, 2005 ADOPTED JULY 11, 2005 1612 g 1. NOV -� > ? 1612 B 1 Cedar Hammock Community Development District Summary of All Funds Fiscal Year 2006 L Summary by Fund Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues General Fund 001 $70,394 $104,980 $105,940 $96,360 Debt Service Fund 201 $4,184,984 $505,309 $3,836,380 $135,513 Total Revenues $4,255,378 $610,289 $3,942,320 $231,873 Expenditures General Fund 001 $87,575 $114,893 $90,615 $96,360 Debt Service Fund 201 $6,101,979 $505,309 $3,543,004 $135,513 Total Expenditures $6,189,554 $620,202 $3,633,619 $231,873 Reserves General Fund 001 $11,412 $0 $25,238 $0 Debt Service Fund 201 - $1,916,994 $0 $293,376 $0 Total Reserves •$1,905,583 $0 $318,614 $0 } NOV 'V Page 1 1612 B Cedar Hammock Community Development District Summary of All Funds Fiscal Year 2006 Summary by Category Expenditures Personal Services Actual Adopted Projected Proposed Operating Expenses FY 2004 FY 2005 FY 2005 FY 2006 Revenues $0 $750 $0 $750 Unappropriated Fund Balance $0 $281,075 $0 $110,000 Special Assessments - Levy $69,666 $104,980 $104,980 $95,860 Special Assessments - Developer $3,698,050 $230,547 $114,536 $25,512 Interest Income $15,181 $3,600 $7,074 $500 Miscellaneous $369 $0 $0 $0 Inter -Fund Transfers $56 $0 $0 $0 Total Revenues $3,783,322 $620,202 $226,589 $231,873 Expenditures Personal Services $215 $5,383 $3,445 $5,383 Operating Expenses $105,754 $127,260 $105,658 $108,728 Capital Outlay $0 $750 $0 $750 Debt Service $6,083,584 $486,809 $3,524,516 $117,013 Total Expenditures $6,189,554 $620,202 $3,633,619 $231,873 Reserves Designated Reserves - $1,916,994 $0 $293,376 $0 Undesignated Reserves $11,412 $0 $25,238 $0 Total Reserves •$1,905,583 $0 $318,614 $0 Page 2 1612 B Cedar Hammock Community Development District Summary of All Funds Fiscal Year 2006 Expenditures District Administration Debt Service Total Expenditures Reserves Reserve Allocations Total Reserves Beginning Fund Balance Ending Fund Balance $87,575 Summary by Function $90,615 $96,360 $6,101,979 $505,309 $3,543,004 $135,513 $6,189,554 $620,202 $3,633,619 Actual Adopted Projected Proposed $1,904,164 FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropdated Fund Balance $0 $281,075 $0 $110,000 Special Assessments - Levy $69,666 $104,980 $104,980 $95,860 Special Assessments - Developer $3,698,050 $230,547 $114,536 $25,512 Interest Income $15,181 $3,600 $7,074 $500 Miscellaneous $369 $0 $0 $0 Inter -Fund Transfers $56 $0 $0 $0 Total Revenues $3,783,322 $620,202 $226,589 $231,873 Expenditures District Administration Debt Service Total Expenditures Reserves Reserve Allocations Total Reserves Beginning Fund Balance Ending Fund Balance $87,575 $114,893 $90,615 $96,360 $6,101,979 $505,309 $3,543,004 $135,513 $6,189,554 $620,202 $3,633,619 $231,873 - $1,905,583 $0 $318,614 $0 - $1,905,583 $0 $318,614 $0 $3,491,132 $1,585,550 $1,585,550 $1,904,164 $1,585,550 $1,585,550 $1,904,164 $1,904,164 c =;VPC; Page 3 NOV 2005 2 1612 B 1 Cedar Hammock Community Development District General Fund 001 Summary Fiscal Year 2006 Fund Description: General Fund 001 is used to account for the administrative as well as operation and maintenance activities pertaining to the District. Summary by Category Expenditures Personal Services Actual Adopted Projected Proposed Operating Expenses FY 2004 FY 2005 FY 2005 FY 2006 Revenues $0 $750 $0 $750 Unappropriated Fund Balance $0 $0 $0 $0 Special Assessments - Levy $69,666 $104,980 $104,980 $95,860 Special Assessments - Developer $28,593 $9,913 $9,913 $0 Interest Income $303 $0 $960 $500 Miscellaneous $369 $0 $0 $0 Interfund Transfer In $56 $0 $0 $0 Total Revenues $98,987 $114,893 $115,853 $96,360 Expenditures Personal Services $215 $5,383 $3,445 $5,383 Operating Expenses $87,360 $108,760 $87,170 $90,228 Capital Outlay $0 $750 $0 $750 Total Expenditures $87,575 $114,893 $90,615 $96,360 Reserves Designated Reserves $0 $0 $0 $0 Undesignated Reserves $11,412 $0 $25,238 $0 Total Reserves $11,412 $0 $25,238 $0 Page 4 Revenues Unappropriated Fund Balance Special Assessments - Levy Interest Income Miscellaneous Interfund Transfer In Total Revenues Expenditures District Administration Total Expenditures Reserves Designated Reserves Undesignated Reserves Total Reserves Beginning Fund Balance Ending Fund Balance 1612 B I Cedar Hammock Community Development District General Fund 001 Summary Fiscal Year 2006 Summary by Function Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 $0 $0 $0 $0 $69,666 $104,980 $104,980 $95,860 $303 $0 $960 $500 $369 $0 $0 $0 $56 $0 $0 $0 $70,394 $104,980 $105,940 $96,360 $87,575 $114,893 $90,615 $96,360 $87,575 $114,893 $90,615 $96,360 $0 $0 $0 $0 $11,412 $0 $25,238 $0 $11,412 $0 $25,238 $0 FY 2005 FY 2005 FY 2006 General Fund 001 Assessments $98,259 $114,893 $114,893 $30,007 $41,419 $41,419 $66,657 $41,419 $41,419 $66,657 $66,657 Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 General Fund 001 Assessments $98,259 $114,893 $114,893 $95,860 Assessable Units 799 799 799 Per Unit Assessment $130 $145 $120 NOV Page 5 1612 g 1, Cedar Hammock Community Development District General Fund 001 District Administration Fiscal Year 2006 Department Function: for services in support of District functions as provided for in the Florida Statutes, which include District ent, Administration, Public Records, Finance, Legal, Engineering, Audit and Special Assessments. Page 6 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Category Personal Services $215 $5,383 $3,445 $5,383 Operating Expenses $87,360 $108,760 $87,170 $90,228 Capital Outlay $0 $750 $0 $750 Total District Administration $87,575 $114,893 $90,615 $96,360 Page 6 1612 Q 1 Cedar Hammock Community Development District Account Description Personal Services Board of Supervisors Sub -Total Operating Expenses Professional Services Management Accounting Services Audit Assessment Roll Services Legal Engineering NPDES Program Off -Site Mitigation Postage Telephone Insurance Printing & Reproduction Legal Advertising Other Current Charges Office Supplies Annual District Filing Fee Collection Fees & Early Payment Discount Sub -Total Capital Outlay Office Equipment Sub -Total Total District Administration General Fund 001 District Administration Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 $7,626 $12,500 $215 $5,383 $3,445 $5,383 $215 $5,383 $3,445 $5,383 $35,000 $35,000 $35,000 $36,750 $8,000 $8,000 $8,000 $8,400 $7,626 $12,500 $12,500 $7,500 $5,000 $5,000 $5,000 $5,000 $4,589 $5,000 $5,000 $5,000 $0 $2,000 $2,000 $2,000 $0 $15,000 $0 $0 $17,686 $6,813 $6,813 $6,813 $701 $750 $654 $750 $375 $500 $293 $500 $6,000 $7,500 $7,500 $7,500 $860 $1,000 $695 $1,000 $591 $1,000 $2,000 $1,000 $0 $250 $0 $250 $408 $400 $444 $400 $175 $175 $175 $175 $348 $7,872 $1,096 $7,190 $87,360 $108,760 $87,170 $90,228 $0 $750 $0 $750 $0 $750 $0 $750 $87,575 $114,893 $90,615 $96,360 Page 7 1612 Cedar Hammock Community Development District Debt Service Fund 201 Series 1999 Bonds Fiscal Year 2006 Fund Description: Service Fund 201 is used to account for the financial resources used to pay the debt service on the District's Series 1999 Bonds. Statement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2005 Revenues Unappropriated Fund Balance Special Assessments - Developer Assessment Prepayments Interest Income Total Revenues Expenditures Principal Debt Retirement Principal Prepayments Interest Expense Operating Expenses Total Expenditures Budget Projected FY 2005 FY 2005 Variance $281,075 $0 ($281,075) $220,634 $104,623 ($116,011) $0 $3,725,644 $3,725,644 $3,600 $6,114 $2,514 $505,309 $3,836,380 $3,331,071 $0 $0 $0 $275,000 $3,350,000 $3,075,000 $211,809 $174,516 ($37,293) $18,500 $18,489 ($11) $505,309 $3,543,004 $3,037,695 Net Income $293,376 Fund Balance September 30, 2004 (Audited) $1,544,130 Reserved for Debt Service (All Years) $11,000 Reserved for Debt Service (Fiscal Year 2007): Principal on Bonds Due 11/1/2006 $0 Interest Expense Due 11/1/2006 $3,506 $3,506 Reserved for Other Parties $1,713,000 Fund Balance September 30, 2005 $110,000 Page 8 Fill Debt Service Principal Debt Retirement $0 $0 1612 $0 Principal Prepayments Cedar Hammock $275,000 $3,350,000 $110,000 Interest Expense Community Development District $211,809 $174,516 $7,013 Sub -Total Debt Service Fund 201 $486,809 $3,524,516 $117,013 Total Expenditures Series 1999 Bonds $505,309 $3,543,004 $135,513 Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $281,075 $0 $110,000 Special Assessments - Developer $3,669,457 $220,634 $104,623 $25,512 Assessment Prepayments $500,649 $0 $3,725,644 $0 Interest Income $14,878 $3,600 $6,114 $0 Total Revenues $4,184,984 $505,309 $3,836,380 $135,513 Expenditures Operating Expenses Trustee Fees $7,394 $7,500 $7,489 $7,500 Accounting Services $4,500 $4,500 $4,500 $4,500 Arbitrage Rebate Calculation $1,500 $1,500 $1,500 $1,500 Dissemination Agent Fees $5,000 $5,000 $5,000 $5,000 Sub -Total $18,394 $18,500 $18,489 $18,500 Debt Service Principal Debt Retirement $0 $0 $0 $0 Principal Prepayments $5,590,000 $275,000 $3,350,000 $110,000 Interest Expense $493,584 $211,809 $174,516 $7,013 Sub -Total $6,083,584 $486,809 $3,524,516 $117,013 Total Expenditures $6,101,979 $505,309 $3,543,004 $135,513 Reserves Designated Reserves ($1,916,994) $0 $293,376 $0 Undesignated Reserves $0 $0 $0 $0 Total Reserves ($1,916,994) $0 $293,376 $0 Beginning Fund Balance $3,461,125 $1,544,130 $1,544,130 $1,837,507 Ending Fund Balance $1,544,130 $1,544,130 $1,837,507 $1,837,507 qE0 -.11iED, Page 9 NOV 2 2005 1612 g 1 Cedar Hammock Community Development District Debt Amortization Series 1999 Date Principal Interest Principal Balance $24,315,000.00 5/1/2000 $516,693.75 $24,315,000.00 11/112000 $2,450,000.00 $775,040.63 $21,865,000.00 5/1/2001 $2,480,000.00 $696,946.88 $19,385,000.00 11/1/2001 $1,670,000.00 $617,896.88 $17,715,000.00 5/1/2002 $2,970,000.00 $564,665.63 $14,745,000.00 11/1/2002 $2,005,000.00 $469,996.88 $12,740,000.00 5/1/2003 $3,690,000.00 $406,087.50 $9,050,000.00 11/1/2003 $2,615,000.00 $288,468.75 $6,435,000.00 5/1/2004 $2,975,000.00 $205,115.63 $3,460,000.00 11/1/2004 $1,445,000.00 $110,287.50 $2,015,000.00 5/1/2005 $1,905,000.00 $64,228.13 $110,000.00 11/1/2005 $3,506.25 $110,000.00 511/2006 $3,506.25 $110,000.00 11/1/2006 $3,506.25 $110,000.00 511/2007 $3,506.25 $110,000.00 1111/2007 $110,000.00 $3,506.25 $0.00 $24,315,000.00 Page 10 1612 g 1 PASSED AND ADOPTED this 11 th day of July, 2005, by the Board of Supervisors of the Cedar Hammock Community Development District, Collier County, Florida. Jame P. Ward Secretary Ronald Rellinger Chairman 1612 g 1 RESOLUTION 2005 -6 1 A RESOLUTION LEVYING A MAINTENANCE ASSESSMENT AND DEBT SERVICE ASSESSMENT WITHIN THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2006 WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District finds that the assessment for operation and maintenance of the District during 2006 will amount to $95,860.00; and it is hereby determined that said maintenance is required within the District; WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District finds that the assessment for debt service of the District during 2006 will amount to $25,512.00; and it is hereby determined that no debt service is required for the District; WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District finds based upon the reports of the District Manager and District Engineer, that maintenance of the District's systems and facilities provides peculiar and special benefits to the parcels set forth in the attached Exhibit "A ", and that the amounts of the maintenance non -ad valorem assessments are fairly and reasonably apportioned between benefited parcels in proportion to the benefits received by each parcel; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; 1. That a maintenance assessment in the total sum amount of $120.00 be levied upon each tract or parcel of land within the Cedar Hammock Community Development District. 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. 3. That the said maintenance assessment levy and the lists of lands included in the District to be levied upon are hereby certified to the Collier County Property Appraiser on Exhibit "A" to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Cedar Hammock Community Development District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with the law. NOV 2005 1612 B Notice Of Meetings Cedar Hammock Community Development District The Board of Supervisors of the Cedar Hammock Community Development District will hold their meetings for Fiscal Year 2006 at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida at 11:00 a.m. on the second Monday of the following months: October 10, 2005 February 13, 2006 May 8, 2006 July 10, 2006 There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Meetings may be continued to a date and time certain which will be announced at the meeting. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753- 0380 at least five calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. James P. Ward Manager INOV 2 1 2005 LAW OFFICES VEGA, BROWN & STANLEY, P.A. GEORGE VEGA, JR. THOMAS R. BROWN, P.A. JOHN F STANLEY" " ALSO LICENSED IN NY FOUNDED 1948 1612 g 1 2660 AIRPORT ROAD SOUTH NAPLES, FLORIDA 341 12 -4899 TELEPHONE (239) 774 -3333 TELECOPIER (239) 774 -6420 Cedar Hammock Community Development District Financial Statements Unaudited May 31, 2005 112 g 1 = yF:C� €vFC) NOV 2 2 2005 V �L N V y •% E E H o Eo %R CD � 0 C � •O O U E O V ya -0 O O C F R 6NA O V C _ 3 d 0 W 1612 CD 6% COO OEtT O 069 N p �7 0 0 0 0 0 0 ''�N77 g le^et't 69 64 00 69 V3 EA Op O O O O O O O O d9 69 EA t9 CO �? N cD 69 6Fi 69 69 to M O) r N 69 N9 bi cp tt�p 6H 603. 69 6�9 N 69 O l� 64 CN O OO O O to O O O O O O O O O O 69 69 N 69 Mgt 4H 64 69 Q% 69 6-T EH M et O t[) O O O O Cl p O O 6% 69 6% EH Lr OO a0 to 64 64 63 N � et CO _ M Oi r tp co 69 0 0 0 0 0 Cl 0 0 0 to 0 0 0 0 0 0 69 63 6l.). 69 G:3 63, 6% V�l 64 69 Ct 69 !/i LO to 0 0 0 0 0 0 0 0 0 to to N 6% 6/ 64 69 Ef! 69 64 (fi 69 6% U13 U3 CN o 0 0 s wi 64 69 c E d d d N N -D co ca v,a =aa¢u. E g o C U tU N N N a C% c 8-29 40 ++ O y a .9 9 E .9 E E L¢ o H y y qC L N N y N 3, O O ,12 C C j Q y m ZS U c c c c g � E 0 E •• QU¢¢ oa a¢ dE -f0- 1 W X o� C O LL. O —0 LL O O N y C d¢ �' 2 CO A c Z LL C >, ca cis j p a HE CO E O °% .a� _N rn a-) (-D -� ¢0� li sum aD tV IL 1612 Cedar Hammock Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending May 31, 2005 Current Y -T -D Y -T -D Budget % of Bud. Month Revenues: Interest Income $186 $909 $0 0.00% Interest Income - Surplus $0 $46 $0 0.00% Assessment Levy $1,857 $99,631 $98,682 100.96% Developer Assessment $0 $5,668 $9,913 57.18% Total Revenues 1 $2,043 $106,254 $108,595 97.84% Expenditures: Professional & Administrative Supervisor Fees $861 $1,722 $5,383 32.00% Management Fees $3,583 $25,083 $4000 58.33% Audit Fees $0 $4,500 $12,500 36.00% Property Appraiser $0 $1,096 $1,574 69.63% Assessment Roll Services $0 $5,000 $5,000 100.00% Legal Fees $0 $728 $5,000 14.56% Engineering $0 $0 $2,000 0.00% Telephone $29 $217 $500 43.37% Postage $158 $585 $750 78.05% Insurance $0 $5,000 $7,500 66.67% Printing & Binding $56 $479 $1,000 47.88% Legal Advertising $174 $1,198 $1,000 119.80% Office Supplies $0 $372 $400 92.91% Dues, Licenses, & Subscriptions $0 $175 $175 100.00% Contingencies $0 $0 $250 0.00% Capital Outlay $0 $0 $750 0.00% Npdes Program $0 $0 $15,000 0.00% Total Administrative Expenses $4,862 $46,155 $101,782 45.35% Expenditures: Field Services Off Site Mitigation $681 $1,363 $6,813 20.01% Total Field Expenses 1 $681 $1,363 $6,813 20.01% Total Expenditures $5,543 $47,518 $108,595 43.76% Excess Revenues (Expenditures) ($3,500) $58,735 $0 Fund Balance - Beginning $41,419 Fund Balance- Ending $100,155 Page 2 NOV 2 2005 1612 g Cedar Hammock Community Development District Debt Service Statement of Revenues & Expenditures For The Period Ending May 31, 2005 Total Expenditures $1,969,603 $5,550,630 $505,309 1098.46% Excess Revenues (Expenditures) ($1,967,416) ($1,448,401) ($281,075) Fund Balance - Beginning $1,544,130 Fund Balance - Ending $95,729 Page 3 Current Y -T -D Y -T -D Budget % of Bud. Month Revenues: Assessment Prepayments $0 $3,725,644 $0 0.00% Interest Income - Revenue $24 $89 $0 0.00% Interest Income - Prepayment $2,155 $16,194 $1,000 1619.38% Interest Income - Reserve Fund $8 $4,203 $2,600 161.65% Developer Contributions $0 $356,099 $220,634 161.40% Total Revenues $2,187 $4,102,229 $224,234 1829.44% Expenditures: Professional & Administrative Accounting Services $375 $2,625 $4,500 58.33% Trustee Fees $0 $7,489 $7,500 99.85% Arbitrage Rebate Calculation $0 $0 $1,500 0.00% Dissemintaion Agent Fees $0 $1,000 $5,000 20.00% Principal Prepayments $1,905,000 $5,365,000 $275,000 1950.91% Interest Expense $64,228 $174,516 $211,809 82.39% Total Administrative Expenses $1,969,603 $5,550,630 $505,309 1098.46% Total Expenditures $1,969,603 $5,550,630 $505,309 1098.46% Excess Revenues (Expenditures) ($1,967,416) ($1,448,401) ($281,075) Fund Balance - Beginning $1,544,130 Fund Balance - Ending $95,729 Page 3 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: November 23, 2005 RE: Miscellaneous Correspondence - BCC Agenda 1612 B z Misc. Correspondence Agenda Date Agenda Item # 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. Quarry Community Development District 1. Quarry Community Development District has submitted the following item: a. Minutes of Meeting held August 8, 2005. Thank you lspeciallspecial Misc. Corns: Date: a 13LD,5 Item #: /6 Copies to: Quarry Community Develo 210 N. Univeresity Drive, Suite 800 - Coral Springs, Florida 33071 Telephc Date: November 14, 2005 To: Mike McLeod Centex Homes 5801 Pelican Bay Blvd. Suite 600 Naples, Florida 34108 i o 12 2 ment District (954)753 -0380• Fax: (954) 796-0623 RE: Minutes of Meeting held August 8, 2005 were approved at the July 11, 2005 meeting. From: Carolyn Rodriguez, District Recording Secretary Enclosed please find for your records a copy of the minutes of the above - referenced meeting of the Board of Supervisors of the Quarry Community Development District, which are to be kept on file for public access during normal business hours. Encl. :rbh Cc: For information purposes only: Clerk of the Circuit Court Finance Department c/o James L. Mitchell 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112 -3016 James Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 1 V 1 8 2005 1612 B� MINUTES OF MEETING QUARRY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Quarry Community Development District was held Monday, August 8, 2005 at 2:00 p.m. at Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida. Present and constituting a quorum were: Mike McLeod John Landress Doug Cohen Shazi Azami Also present were: John Daugirda Tom McGowan Bob Fernandez Chairman Assistant Secretary Assistant Secretary Assistant Secretary Secretary Engineer Severn Trent Services FIRST ORDER OF BUSINESS Roll Call Mr. Daurgirda called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 11, 2005 Meeting Mr. Daugirda stated each Board member received a copy of the minutes of the July 11, 2005 meeting and requested and additions, corrections or deletions. There not being any, On MOTION by Mr. Landress seconded by Mr. Cohen with all in favor the minutes of the July 11, 2005 meeting were approved. THIRD ORDER OF BUSINESS Public hearing to consider the Adoption of the Budget for fiscal Year 2006 and Approval of Developer Funding Agreement Mr. Daugirda stated this is the public hearing to consider adoption of the budget for fiscal year 2006, and approval of developer funding agreement. We declare the public hearing is open. This has been previously distributed to you. General Fund 001, it is a real quick summary, on the right hand side, the total budget is $86,325 for your administrative cost. There is a breakout August 8, 2005 161?- g 2 of the consultants and the actual cost. This is the budget, and we bill you for whatever we need. You have an opportunity to have comments or input, it has been advertised, the public has chosen not to attend. Does the Board have any changes? We have some resolutions we will ask you to approve. Mr. Landress asked the debt service fund, are the revenues and expenses in reserve, not yet known? fund. Mr. Daugirda responded correct, until the Bonds issue, we will then create a debt service Mr. McLeod stated then we cannot approve a zero line item for these right now. Mr. Daugirda stated it is more the way they have the software set up. In 2004 we were not created, 2005 and 2006 it is just a filler to show nothing is there. It does not bar you from adopting a debt service fund budget you are just adopting the general fund budget at this point. As a clean up we could probably remove it. Mr. McLeod asked we are adopting a general fund budget? Mr. Daugirda responded yes. Then if you agree turn to the blank tab, you will approve Resolution 2005 -10. We are going to change it, because it should just say the operating budget. On MOTION by Mr. Cohen seconded by Mr. Landress with all in favor Resolution 2005 -10; Adopting the Final Budget of the Quarry Community Development District For Fiscal Year 2006 was adopted. Mr. Daugirda stated if you turn the page there is a developer funding agreement, which is to say there is a budget and when the District needs funds for the operating budget we will send an invoice to the developer, then the developer funds the necessary charges. Mr. McLeod asked have we done one of these before? Mr. Daugirda responded yes, I believe when we started the first one in 2005. Mr. McLeod asked do we do one of these every year? Mr. Daugirda responded yes. Is there a motion to approve the Developer Funding Agreement. On MOTION by Ms. Azami seconded by Mr. McLeod with all in favor the Developer Funding Agreement was approved. Mr. Daurgirda stated this closes the public hearing. 2 August 8, 2005 FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There being no report, the next item followed. B. Engineer There being no report, the next item followed. Qu.R,16 12 B. C. Manager Mr. Daugirda stated I am not aware of any staff issues just the discussion of the bands and the bonds, which are with the developer and the investment banker. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SIXTH ORDER OF BUSINESS Approval of Financials and Funding Request #11 Mr. Daugirda stated there are some financial statements, a report on the construction activity under the BAN'S, the third one is a pay request #I1, for operational issues, Fed Ex, engineering services, and advertising the meeting. We look for a motion to approve the financials and funding requests. On MOTION by Mr. McLeod seconded by Ms. Azami with all in favor Financials and Funding Request #11 in the amount of $2,680.93 of were approved. SEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. McLeod seconded by Mr. Landress with all in favor the meeting was adjourned. /-V r Joyi DaugirdamiiQ McLeod S cretary 3 Chairman 1612 g 2 AGENDA Quarry Community Development District Monday Centex Homes August 8, 2005 5801 Pelican Bay Boulevard, Suite 600 2:00 p.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the July 11, 2005 Meeting 3. Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2006 and Approval of Developer Funding Agreement 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Financials and Funding Request #11 7. Adjournment W QUARRY COMUNITY DONNA HOLIDAY 210 N UNIVERSITY CORAL SPRINGS FL REFERENCE: 062367 59074367 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News DEV. DISTRICT DR #800 33071 Notice of Public Hea 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: 07/21 07/28 AD SPACE: 107.000 INCH FILED ON: - - - -- 07/28/05 --- - - - - -- ----------- ----------- - - - - -- Signature of Affiant i 1612 81: Not 2 ns Sworn to and Subscribed before me this RX-%97day 09 20 dg Personally known by me Harriett Bushong MYCOMMISSION # DD234689 EXPIRES 1* 24, 2007 9ONDED THRI I TROY FAIN INSURANCE, INC The of the orr. m Quay Com ��unity pevelopme t plstrlct will hold a nunb• operatlor♦ and malnte• nance of Dist Ict faclll• ties for the F�scal Year 2006. In add tlon, the Board will hear public comment, and objec- tions relative to the levy of a non ad valorem as- sessment pursuant to ,Florida Law for the pur. pose of fundlpa opera- tions and maintenance and principal and Inter- est expenses of the Dls• trict. The District ma also fund various faqir yy tles through the collec- tion of certaln rates, fees and charges which are identified wit In the bu44doet(s).' A copy of the talnedtat)theaoffices of the District Manager, 210 N. University Drive, S uite 800, Coral Springs, Florida, 33071 during normal bustrrlIess flours. The BoarC will also consider any other busl- for time and place to be speckled on the record at the meeting. here may be occa- dons when one or more Supervisors will particl- chte by, telephone. At e above location there Will be ppresent a speak - er telephone so thai any Interested person can attend the meeting at et above location and be fully informed of the discussions taking �lace either In person or y telephone communi- cation. Any pperson requiring special accommoda- tlons at this meetina endar days prior to the meeting. Each person who de- c es o appeal any de. tralon made by the •@Gard with respect to it a verba- f the pro - made, in- testimony Ice upon ppeal Is to 1612 B Z RESOLUTION 2005 -10 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE QUARRY COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2006 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Operating Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 8th day of August, 2005, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE QUARRY COMMUNITY DEVELOPMENT DISTRICT; 1. The Operating Budget heretofore submitted to and approved by the Board is hereby adopted as the final Operating Budget of the District for Fiscal Year 2006. 2. A verified copy of said final Operating Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings ". Adopted this 8th day of August, 2005. Mike McLeod Chairman J n Dau 'rda cretary 1612 Q The Quarry Community Development District Community Development District Proposed Operating and Debt Service Budget Fiscal Year 2006 May 9, 2005 1612 The Quarry Community Development District Community Development District Table of Contents Fiscal Year 2006 S tion Summary of All Funds General Fund 001 Summary District Adminlstration Panes 1 -3 4 -5 6 -7 1612 The Quarry Community Development District Community Development District Summary of An Funds Fiscal Year 2006 Extienditures General Fund 001 $5,396 $85,250 $73,182 $86,325 Debt Service Fund 201 $0 $0 $0 $0 Total Expenditures $5,398 $85,250 $73,182 • $88,325 Reserves General Fund 001 $4,604 $0 $0 $0 Debt Service Fund 201 $0 $0 $0 $0 Total Reserves $4,604 $0 $0 $0 Page 1 Summaty by Fund Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Reyealies General Fund 001 $10,000 $85,250 $73,182 $86,325 Debt Service Fund 201 $0 $0 $0 $0 Total Revenues $90,000 $85,250 $73,182 $86,325 Extienditures General Fund 001 $5,396 $85,250 $73,182 $86,325 Debt Service Fund 201 $0 $0 $0 $0 Total Expenditures $5,398 $85,250 $73,182 • $88,325 Reserves General Fund 001 $4,604 $0 $0 $0 Debt Service Fund 201 $0 $0 $0 $0 Total Reserves $4,604 $0 $0 $0 Page 1 1612 8 2 The Quarry Community Development District Community Development District Summery of All Funds Fiscal Year 2006 Rxaendit,Mres Personal Services Actual Adopted Projected Proposed Be nue FY 2004 FY 2005 FY 2005 FY 2006 Unappropriated Fund Banlance S0 $0 $0 $0 Developer Contributions $10,000 $85,250 $73,182 $86,325 Miscellaneous $0 $0 $0 $0 Total Revenues $10,000 $85,250 $73,182 $88,325 Rxaendit,Mres Personal Services $0 $0 $0 $0 Operating Expenses $5,396 $85,000 $73,182 $88,075 Capital Outlay $0 $250 $0 $250 Debt Service $0 $0 $0 $0 Total Expenditures $5,396 $85,250 $73,182 $86,325 Resgryes Designated Reserves $0 $0 $0 $0 Undesignated Reserves $4,604 $0 $0 $0 Total Reserves $4,604 $0 $0 $0 Page 2 1612 B2 The Quarry Community Development District Community Development District ROVInues Unappropriated Fund Banlance Developer Contributions Miscellaneous Total Revenues Expenditures District Administration Community Appearance Debt Service Total Expenditures ese Reserve Allocallons Total Reserves Beginning Fund Balance Ending Fund Balance Summary of All Funds Fiscal Year 2006 Summary by Function II��YiI�IIII�I�II�11iir11��I1��1�lllil ■I�AI,���II�I/ I Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 $0 $0 $0 $0 $10,000 $85,250 $73,182 $86,325 $0 $0 $0 $0 $10,000 $88,250 $73,182 $86,325 $5,386 $85,250 $73,182 $86,325 $0 $0 $0 $0 $0 $0 $0 $0 $5,396 $85,250 $73,182 $86,325 $4,604 $0 $0 $0 $4,604 $0 $0 $0 $0 $4,604 $4,604 $4,605 $4,604 $4,604 Page 3 $4,605 $4,605 1612 82 The Quarry Community Development District Community Development District General Fund 001 Summary Fiscal Year 2006 Fund Description: Fund 001 Is used to account for the administrative as well as operation and maintenance activities pertaining to the District. Res ryes Designated Reserves $0 $0 $0 $0 Undesignated Reserves $4,604 $0 $0 $0 Total Reserves 0 $0. $0 Page 1 Actual Adopted Protected Proposed Revenues FY 2004 --- FY 2005 FY 2005 FY 2006 Unappropriated Fund Balance $0 $0 $0 $0 Developer Contributions $10,000 $85,250 $73,182 $86,325 Total Revenues $10,000 $85,250 $73,182 _ $86,325 Exmoditures Personal Services $0 $0 $0 $0 Operating Expenses $5,396 $85,000 $73,182 $86,075 Capital Outlay $0 $250 $0 $250 Debt Service $0 $0 $0 $0 Total Expenditures $5,396 $85,250 $73,182- $86,325 Res ryes Designated Reserves $0 $0 $0 $0 Undesignated Reserves $4,604 $0 $0 $0 Total Reserves 0 $0. $0 Page 1 1612 The Quarry Community Development District Community Development District Revenues Unappropriated Fund Balance Developer Contributions Total Revenues Expenditures District Administration Total Expenditures B erves Designated Reserves Undesignated Reserves Total Reserves Beginning Fund Balance Ending Fund Balance General Fund 001 Summary Fiscal Year 2006 Summary by Function Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Page 2 $0 $0 $0 $0 $10,000 $85,250 $73,182 $86,325 $10,000 $85,250 $73,182 $66,325 $5,396 $85,250 $73,182 $86,325 $54396 $85,250 173,182 $86,325 $0 $0 $0 $0 $4,604 $0 $0 $0 $4,604 $0 $0 $0 $0 $4,604 $4,604 $4,605 $4,604 $4,604 $4,605 $4,605 .16 The Quarry Community Development District Community Development District General Fund 001 District Administration Fiscal Year 2006 12 62 Department Fur&n: for services in support of District functions as provided for in the Florida Statutes, which include District Supervisors, ation, Public Records, Finance, Legal, Engineering, Audit and Special Assessments. Cateno Personal Services Operating Expenses Capital Outlay Total District Administration Page t Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 $0 $0 $0 $0 $5,396 $85,000 $73,182 $86,075 $0 $250 $0 $250 $5,396 $85,250 $73,182 $86,325 1612 8 2 The Quarry Community Development District Community Development District Account, Description Personal Services Board of Supervisors Sub -Total Operating Expenses Professional Services Management Recording Secretary Accounting Services Audit Trustee Fees Arbitrage Rebate Calculation Dissemination Fees Legal Engineering Computer Services Health insurance Travel Per Diem Postage Telephone Rentals & Leases Insurance Printing & Reproduction Legal Advertising Contingencies Office Supplies Annual District Filing Fee Collection Fees & Early Payment Discount Sub -Total Capital Outlay Office Equipment Sub -Total Total District Administration General Fund 001 District Administration Fiscal Year 2006 Page 2 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 $0 $0 $0 $0 $0 $0 $0 $0 $3,750 $32,000 $32,000 $32,000 $0 $5,000 $5,000 $5,000 $0 $8,000 $8,000 $8,000 $0 $4,000 $0 $4,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,000 $12,000 $12,OOO $0 $10,000 $1,634 $10,000 $42 $500 $500 $500 $0 $0 $0 $0 $0 $0 $0 $0 $193 $1,000 $804 $1,000 $0 $300 $108 $300 $200 $2,400 $2,400 $2,400 $0 $5,000 $5,000 $5,000 $321 $1,000 $1,878 $2,000 $890 $2,000 $3,640 $3,000 $0 $1,000 $0 $500 $0 $626 $43 $200 $0 $176 $175 $175 $0 $0 $0 $0 $5,396 $85,000 $73,1B2 $86,075 $0 $250 $0 $750 $0 $260 $0 $750 $5,396 $85,250 $73,162 $66,825 1612 B 2 made pursuant to this agreement and reimbursement of same will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). I J n Daugirda ecretary Attest: The Quarry Community Development District Mike McLeod Chairman Officer of the Corporation 1612 g 2 THIS AGREEMENT, made and entered into this 8th day of August, 2005 by and between: The Quarry Community Development District, a public corporation created pursuant to Chapter 190, Florida Statutes, hereinafter referred to as District; and Centex Homes, Inc., hereinafter referred to as Developer; WITNESSETH: WHEREAS, the Developer owns the majority of all lands within the District; and WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget commencing August 8, 2005 and terminating September 30, 2006; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties hereinafter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit "A ", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer for a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of receiving the proceeds of the note(s) or bond(s). The advances 1612 2 Table of Contents �• Financial Statements - June 30, 2005 11• Treasury Report - June 30, 2005 "L Funding Request #11 - August 8, 2005 1612 g 2 The Quarry Community Development District Financial Reporting August 8, 2005 1612 B 2 (D ca CL V n am }+ � 4 N � •O ua n 00 n O� ono M \ c °o f-A- CD � O U O O N 6q i i di di rcu 1612 B 2 (D ca CL V � •O ua O� po M M \ eO-q kF O � O U 1612 B 2 (D ca CL M \ eO-q kF O O N 6q i i di di � kp� -� +J W V w G a U aW : U • � ;114 w vi cu 'C3 C UUFy -� 1612 B 2 (D ca CL The Quarry Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending June 30, 2005 Developer Contributions Total Revenues ADMrNIST A VE: Engineering Fees Attorney Fees Annual Audit Management Fees Computer Time Telephone Postage Printing & Binding Rentals & Leases Insurance Legal Advertising Other Current Charges Office Supplies Due, License, Subscriptions Capital Outlay Total Expenditures 1612 B 2 Adopted Prorated Budget Actual Budget Thru 06/30/05 Thru 06/30/05 Variance $85,250 $63,938 $41,403 ($22,535) $85,250 $63,938 $41,403 ($22,535) $10,000 $7,500 $2,764 $4,736 $12,000 $9,000 $250 $8,750 $4,000 $3,000 $0 $3,000 $45,000 $33,750 $30,000 $3,750 $500 $375 $333 $42 $300 $225 $55 $170 $1,000 $750 $630 $120 $1,000 $750 $1,076 ($326) $2,400 $1,800 $1,600 $200 $5,000 $5,000 $5,000 $0 $2,000 $1,500 $2,159 ($659) $1,000 $750 $100 $650 $625 $469 $37 $432 $175 $175 $175 $0 $250 $188 $0 $188 $85,250 $65,231 $44,179 $21,053 Excess Revenues (Expenditures) , Fund Balance - Beginning Fund Balance - Ending Page 2 $7,500 Revenues.• Interest Income The Quarry Community Development District Capital Projects Fund Statement of Revenues & Expenditures For The Period Ending June 30, 2005 Total Revenues Fxn nditnr s• Capital Outlay Cost of Issuance Total Expenditures Other Sour es and TSes• Bond Proceeds - Series 2004 BAN Total Other Sources and Uses Excess Revenues (Expenditures) Fund Balance - Beginning Fund Balance - Ending 1612 e z Adopted Prorated Budget Actual Budget Thru 06/30/05 Thru 06/30/05 Variance $0 $0 $141,141 $141,141 $0 $0 $141,141 $141,141 $0 $0 $51,601,645 ($51,601,645) $0 $0 $735,323 ($735,323) MMwMMMMMM-MMMMMMMM� 91q $0 $0 $62,670,000 $62,670,000 $0 Page 3 161262 1 Recap of Capital Project Fund Activity Through June , 2005 Opening Balance in Construction Account $62,670,000.00 Source of Funds: Interest Earned $141,140.91 Use of Funds: DisbursementDistrict Roadways $0.00 Water Management ($2,919,324.13) Wetland /Preservation /Open Space ($48,485,994.10) Utilities ($126,724.50) Landscape and Other $0.00 Professional Services and Permitting ($69,601.89) Contingency $0.00 Cost of Issuance ($735,323.27) Adjusted Balance in Construction Account at June 30, 2005 $10,474,173.02 2. Funds Available For Construction at June 0, 00 Book Balance of Construction Fund at June 30, 2005 $10,474,173.02 Construction Funds available at June 30, 2005 $10,474,173.02 June 30, 2005 Iype yield Due Maturity Principal Construction Fund: Overnight 2.4% $10,474,173.02 $10,474,173.02 ADJ: Outstanding Requisitions $0.00 Balance at 06/30/05 $10,474,173.02 Ile Quarry 1612 B� August 8, 2005 Mr. Jeff Riopelle Centex Homes 5801 Pelican Bay Blvd. Suite 600 Naples, Florida 34108 Dear Mr. Riopelle: The current funding requirements for The Quarry Community Development is necessary to pay the following: PAY REQUEST # 11 Genral Fund Federal Express Inv# 3- 902 -70441 Services thru 6/28/05 $16.14 Inv# 3- 925 -09877 Services thru 7/13/05 $126.69 Inv #3 - 936 -96125 Services thru 7/19/05 I.BEH, $19.34 Inc. Inv# 87926 Services thru 7/15/05 Naples Daily $2,343.38 News Inv# 59059835 Notice of Meeting 7/4/05 $175.38 Total Amount Requested: — The Quarry Community Development District 210 North University Drive, Suite 702 Coral Springs, Fl 33071 Accordingly, it would be appropriate to fund these items at your earliest convenience. Thank you for your attention to this matter and if you have any questions, please contact Maggie Phillips at 954 - 753 -5841. Yours sincerely, The Quarry Community Development District 4 ., Maggie Phillips District Accountant 0M SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 Billing Account Shipping Address: SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 US Invoice Summary Jun 28, 2005 FedEx Express Services Transportation Charges Special Handling Charges TotalCharges ............. ............................... ............................USD $ TOTAL THIS INVOICE ............... ............................... USD $ 13.35 2.79 16.14 16.14 JUL 5 2Ui LONA SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 Billing Account Shipping Address: SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 US Invoice Summary Jul 13, 2005 FedEx Express Services Transportation Charges Special Handling Charges TotalCharges ......................................... ............................... USD $ TOTAL THIS INVOICE ............... ............................... USD $ Invoice Number: Invoice Date: Account Number: Page: FedEx Tax In: 71- 0427007 3 -925 -09877 Jul 13, 2005 2987- 7788 -6 1 of 4 CM l V Invoice Questions? Contact FedEx Revenue Services Phone: (800) 622 -1147 M -F 7 -6 (CST Fax: (800) 548 -3020 Internet: www.fedex.com Important Service Message: 113.50 Good News! FedEx Ground has decreased transit times by one 1319 day in 9,174 lanes. That means 7.5% of all lanes have been improved. For example, service from Champaign, Illinois to Harrisburg, Pennsylvania was reduced from 3 to 2 days, from 126.69 Toledo, Ohio to Portland, Oregon was reduced from 5 to 4 days. To view transit times from your location, see Get 126.69 Transit Time and Ground Service Maps at fedex.com, J U L 18 2005 b 1614 63CI, 0c The FedEx Ground accounts referenced in this invoice have been transferred and assigned to, are owned by, and are payable to FedEx Express. To ensum propercmdit, p /ease return this portion with your pa yment to FedEx. Please do not staple or fold. Please make yourcheck payable to FedEx. ❑ For change of address, check here and complete form on reverse side. Remittance Advice Your payment is due by Jul 28, 2005 298777883925098778400001266984 AT 01 066870 4693813331 A * *3DGT SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 L, IL��ILII���I�r�I��J11���I��II��rLIIIr�rII���IL���l��ll Invoice Number Account Number Amount Due 3- 925 -09877 2987 - 7788 -6 USD $126.69 I, II��II��JI���LL��IrrLI�rLLL���IIrIrL��JI�LIJI���I FedEx P.O. Box 94515 PALATINE IL 60094 -4515 SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 Billing Account Shipping Address: SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 US Invoice Summary Jul 19, 2005 Invoice Number: Invoice Date: Account Number: Page: FedEx Tax ID: 71- 0427007 3- 936 - 96125 Jul 19, 2005 2987- 7788 -6 (M 1 of 3 Invoice Questions? Contact FedEx Revenue Services Phone: (800) 622 -1147 M -F 7 -6 (CS ) Fax: (800) 548 -3020 Internet: www.fedox.com FedEx Express Services Important Service Message: Transportation Charges 17.50 Good News! FedEx Ground has decreased transit times by one Special Handling Charges 1.84 day in 9,174 lanes. That means 7.5% of all lanes have been improved. For example, service from Champaign, Illinois to Harrisburg, Pennsylvania was reduced from 3 to 2 days, from Total Charges ............. ............................... ............................USD $ 19.34 Toledo, Ohio to Portland, Oregon was reduced from 5 to 4 days. To view transit times from your location, see Get TOTAL THIS INVOICE ............... ............................... USD $ 19.34 Transit Time and Ground Service Maps at fedex.com. The FedEx Ground accounts referenced in this invoice have been transferred and assigned to, are owned by. and are payable to FedEx Express. To ensure proper credit please return this portion with )'ourps yment to FedEx. Please do rmt staple orfold. Please make ypurcheck pa yable to FedEx. ❑ For change of address, check here and complete form on reverse side. Remittance Advice Your payment is due by Aug 03, 2005 298777883936961253800000193495 AT 01 086912 563118415 A * *3DGT SERVERN TRENT SRV /QUARRY 210 N UNIVERSITY DR STE 800 CORAL SPRINGS FL 33071 -7320 I��Iln�ll�ll�nl��rlrnlll�nlnll�r�lrlll�nlln�llnr�lr�ll • Invoice Number Account Number Amount Due 3- 936 -96125 2987 - 7788 -6 USD $19.34 LII�JI��JL��I�I���LJ�I „IJ�L���ILIJ����ILI�LII��J FedEx P.O. Box 94515 PALATINE IL 60094 -4515 LhC. The Quarry CDD CIO Ms Patti Powers Severn Trent Services 210 N. University Drive Suite 802 Coral Springs, FL 33071 Project 04- 0229.0000000 The Quarry CDD Participate in Board Meeting, Process Pay Requisition #7. Professional Services through July 15 2005 Board Meetings Preparation and Attendance at Board Meeting 1612 B 2 July 22, 2005 Project No: 04- 0229.0000000 Invoice No: 87926 Hours Rate Amount Client Service Manager 2.00 115.00 230.00 2.00 230.00 Total Fee Charges 1.5% of Labor T &E Mark Up Total Expense Factor Pay Requests 230.00 3.45 3.45 3.45 Total this Phase $233.45 Hours Rate Amount Client Service Manager 18.00 115.00 2,070.00 Administrative Support 0.25 35.00 8.75 18.25 2,078.75 Total Fee Charges 1.5% of Labor T &E Mark Up Total Expense Factor 2,078.75 31.18 31.18 31.18 Total this Phase $2,109.93 Remit: 3550 SW Corporate Parkway, Palm City, Florida, 34990 Phone 772.286.3883 1612 82 Project 04- 0229.0000000 The Quarry CDD Invoice87926 ,- Total this Invoice $2,343.38 Statement of Account Number Date Balance 87619 06/16/05 233.45 Total 233.45 Total Now Due $2,576.83 Remit: 3550 SW Corporate Parkway, Palm City, Florida, 34990 Phone 772.286.3883 Page 2 -2C 07' ' Ceiltua! F)'r]ON'- Tv 12 1 Ro. Box (009 FAX 2". 39-263-4864 Naples. Florida 34101 FED ID# 59-0578327 K, 1;(31011-1i 'S It ADVERTISING INVQ)GF,/49d STATEWNT I - C . _7'� � 5 -6u 'd �'/7 ')16'x' -07- -/ A RMT_�� lf f b W� DISTRACT -IMAL AMU _F u XLE-1 _" , MEN LIT-1 _j(41JILIED AMQ� -4 .2 --- --- -2 CumF1\1�t-NEi A(ViOuN IDUE aj 60 DAYS, VE A 9 LAY S . -__ _30 GAYS @1� INVOIC-E NUMBER 19bPAGE #61ffft BILLING DATE— W—BIL—LE—DACC-0—UNT NTU­MBcR_f*_A­DVERTISER/CUENT NUMBER _L 7 BILLED ACCOUNT NAME AND ADDRESS REMITTANCE ADDRESS QUARRY COMMUNITY DEV. DISTRICT DONNA HOLIDAY NAPLES DAILY NEWS 210 N UNIVERSITY DR #800 PO BOX 740379 CORAL SPRINGS FL 33071 CINCINNATI OH 45274 000255727400000175389 PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE Y 120 1103111 _61 JUL 14 2005 V� -c Lo STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS . . . . . . . . . . . . . . . . . . . "I . . . . . . . lontact the Accou ing Department 4t (239)435-34501.11 175.3E -262-3161 EW SCRIPPS NEWSPAPER 001tNapteli 1075 Central Avenue PHONE 239 P.O. Box 7009 FAX 239-263-4864 Naples, Florida 34101 FED ID,# 59-0578327 *UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DU '�aQTER M9 V9C OOQ� z 1612 B 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901 (239) 338 -2929 - FL WATS 1 -800- 248 -1201 - Suncom 748 -2929 - Fax (239) 338 -2936 - www.sfwmd.gov /org /exo /ftmyers/ November 17, 2005 Jesse Stahl, P.E. Hole Montes, Inc 6202 -F Presidential Court Fort Myers, Florida 33919 g; v Subject: Logan Blvd Extension from Vanderbilt to Immokalee Road Application No: 040702 -9 Collier County, Sections 28 & 32, Township 48S, Range 26E Dear Mr. Stahl: Staff has completed a review of the additional information received on October 12, 2005 regarding the above referenced application. The District's project analysts are Pierre R. Fortunat and Catherine Hawkins. The information received was incomplete and did not adequately address the following item. In addition to the information necessary to complete this application, the comments below identify issues requiring resolution in order for staff to recommend issuance of this permit in accordance with Rule 40E -4, FAC. Please respond to the following: GOVERNING BOARD To offset impacts to the wetland areas, the District staff requests that 1.2 freshwater forested credits and 0.35 herbaceous credits be purchase. Please provide a contract for the mitigation credits to be purchased from a mitigation bank. This contract should include the amount and type of credits to be purchased. 2. Please provide two (2) 8.5" X 11" maps for the project area with the following information; wetland areas (Nos 1 to 4 inclusive) and FLUCCS codes for both on and offsite; direct impacts proposed to wetlands onsite. For clarity, please do not overlay the maps on aerial photographs. 3. The re- submittal indicates that an agreement easement for an outfall discharging 111 U1 tllt .S[1iLlriilti iulw-i 5..h:.... ..-. j_'YPlQpmmt '» designed and permitted to receive the anticipated flows from this segment of Logan Boulevard. However, two proposed culverts (one from CS -1 and one from S -51) are discharging to the Satumia Lakes development. Please provide a letter of authorization from this development granting the construction of these culverts into their system. Furthermore, an application for a modification to the existing Saturnia Lakes development permit to include the construction of these two culverts shall be submitted concurrently with this current application. Misc. CofrOs: Date: 1a2 �3 Item J 6-I a'g � XFCUMVE- 0€FI,_- - Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. �arol Ann Wehle, Executive Director Irela M. Baguio, Vice -Chair Michael Collins Harkley R. Thornton C0�1 Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. DISTRICT HEADQUARTERS: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 33416 -4680 - (561) 686 -8800 - FL WATS 1- 800 - 432 -2045 Jesse Stahl, P.E. Application No: 040702 -9 Page 2 161283 4. An overall Time of Concentration of 1.5 hours is used in the routings for this 13.35 acre drainage area. Although the time of concentration is the sum of the travel time for sheet flow, shallow concentrated flow and open channel flow, typically the travel time within the wet or dry detention system is not included. Please revise the calculations for the Time of Concentration accordingly. A review of the revised routings output data for the 25 year, 3 day storm event shows that both basins (133 & Pond 20), the system does not recover within the District guidelines. Please revise the 25 year, 3 day routing to show that the system recovers within 15 days. 6. Revised input data of the models and water quality calculations show a stage /storage table associated with basin 3.3 (offsite area/pond 20). The location of this detention area is not clearly shown on the plans. Please revise the plans to show the location of this detention area. 7. A control structure configuration (outlet 3) is modeled for basin 3.3 (offsite area/pond 20). Identify this control structure on the plans and provide a detail of this proposed control structure. 8. Note 2 on sheet 47 of the construction drawings states that the bottom elevation of the wet detention lake is -9.5 NGVD. However, the bottom elevation of the detention lake is labeled at elevation -9.0 NGVD.on the inlet S -27 detail shown on sheet 49 of the construction drawings. Please revise as needed. 9. Please revise the plans to label the type, size and length of the proposed culvert connecting control structure CS -1 to inlet S -27. 10. Please revise cross sections A -A & B -B to include the berm elevation. 11. The control elevation is incorrectly labeled as 11.0' NGVD. on the inlet S -27 detail shown on sheet 49 of the construction drawings. Please revise accordingly. Please be advised that insufficient information was submitted and staff was unable to complete the review of this application. Additional comments may be forthcoming upon the review of the response to this letter. 1612 g 3 Jesse Stahl, P.E. Application No: 040702 -9 Page 3 In accordance with 40E- 1.603(I)(c) FAC, if the requested information is not received within 30 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant. Please provide three (3) copies of the requested information to Catherine Hawkins and Pierre R. Fortunat of this office. If you have any questions about the above comments, please contact the appropriate analysts at (239) 338 -2929. Sincerely, ,7 Catherine Hawkins Pierre R. Fortunat Environmental Analyst Staff Engineer Lower West Coast Service Center Lower West Coast Service Center C: Collier County Board of County Commissioners Stan Chrzanowski, P.E., Collier County Engineer Robert C. Wiley, P.E., Collier County Transportation Operations Brian P. Patchen, Earle & Patchen J. Beever, FF &WCC APT qC PUB 08 1612 g 3 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 November 14, 2005 Dear Participant: Subject: Semi - Annual Lake Okeechobee Operations Overview sans ,�:r,ss�4it �;w<,n�;rs The South Florida Water Management District (SFWMD) will be holding a public meeting on "Lake Okeechobee Operations," on November 30, 2005. In order to conserve fuel, this meeting will be combined with the November 30 Water Resources Advisory Commission Lake Okeechobee Committee meeting. The location is the Indian River Community College, Chastain Campus, Wolf High Technology Center Auditorium 2400 SE Salerno Road, Stuart, Florida. The workshop will begin at 1:00pm. The purpose of this meeting is to provide an overview of regional hydrologic and ecological conditions and Lake operations for the last six months, and projected conditions and operations of the Lake for the next six months. In addition, there will be a general overview of system -wide operations. Staff from the SFWMD, United States Army Corps of Engineers ( USACE), Florida Department of Environmental Protection (FDEP), and Florida Fish and Wildlife Conservation Commission (FWC) will be participating in the workshop and will be available to address technical questions from the audience. The preliminary agenda for this portion of the meeting is as follows: (1) Introductory comments and overview of the workshop (SFWMD staff) (2) Technical summaries, including climate and hydrologic conditions, operations during the last six months, ecological status of the lake, estuaries, and water conservation areas, climate and water supply outlook (SFWMD, USACE, and FWC staff) (3) Projected Lake operating strategy for next six months (SFWMD and USACE staff) (4) Open floor for comments from other state, federal, or tribal representatives (5) Open floor for comments and discussion with all workshop participants This discussion provides an important venue where the SFWMD can obtain input from other agencies and the general public regarding operation of Lake Okeechobee, as well as other portions of the system, in order to help optimize the Lake's values for many regional uses. The SFWMD Governing Board will be briefed on the results of this meeting, including the main points raised by the participants. You are cordially invited to attend to voice your opinions and/or concerns regarding management of the Lake and regional system during this period of time, as well as in future months. Sincerely, / Misc. Corms: � Susan Gray, Ph.D., Director Lake Okeechobee Division Watershed Management Department SG/if GOVERNING BOARD Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Irela M. Baguio, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks - Thomas Nicolas J. Guti6rrez, Jr., Esq. Malcolm S. Wade, Jr. Date: Item #: Copies to: EXECUTIVE OFFICE Carol Ann Wehle, Executive Director 1612 3 B • _ 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 334164680 • www.sfwmd.gov ix vtn'.� November 18, 2005 Dear Stakeholders and Interested Persons: SUBJECT: Correction to Location of Public Hearing on Adoption of Rules 40E- 4.091, 40E-4.101, 40E -1.659 Please be advised that the location of the South Florida Water Management District's public hearing on December 14, 2005, beginning at 9:00 a.m., has been changed to the Ocean Reef Club, 35 Ocean Reef Drive, Key Largo, Florida 33037. If more information is needed, please contact Jan Sluth, Paralegal, Office of Counsel, South Florida Water Management District, Post Office Box 24680, West Palm Beach, Florida 33416- 4680,. telephone 1(800) 432 -2045, extension 6299, or (561) 682 -6299 (internet: isluth @ sfwmd.gov). GOVERNING BOARD Kevin McCarty, Chnir Irela M. Bague, Vice-Chair Misc. Corr6s: Date: Item #: Copies to: EXECUTIVE OFFICE Alice 1. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Exentrive Dimctnr Michael Collins Harkley R. Thornton r r`-A I- n__ PEER Mqy O� 2r F a z y�la9 ���c y4y�0 F-.," 161283 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 r v b N "05 . p '° NOTICE OF MEETING CHANGE` South Florida Water Management District, 2006 Florida Forever Work plan, Annual Update The 2006 Florida Forever Work Plan is being presented for adoption by the Governing Board . of the South Florida Water Management District at the Governing Board Meeting December 14, 2005 to be held at the Ocean Reef Club 35 Ocean Reef Drive, Key Largo Florida. 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 January 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 is available for review online at the District website http: / /www.sfwmd.gov /sfer or by contacting Wanda Caffie- Simpson in the Land Resources Department at 561- 682 -6445 or wsimpso((D_sfwmd.gov. Misc. corms: Date: Item #: Copies to: GOVERNING BOARD EXECUTIVE OEPICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Executaw Director Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. 10/28/05 17:25 FAX 6433266 COLLIER COUNTY 1612 AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD EMERGENCY MEETING DATE: October 31, 2005 TIME: 9:00 A.M. COMMUNITY DEVELOPMENT BUILDING 2800 N. HORSESHOE DR. NAPLES, Fl- 34104 Q001 Cl ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, I. ROLL CALL 11. ADDITIONS OR DELETIONS: Fiala Halas 111. APPROVAL OF AGENDA: Henning IV. APPROVAL OF MINUTES: Coyle Colefta DATE: NONE V. DISCUSSION: VI. NEW BUSINESS: Declare contractor shortages of designated categories due to the effects of hurricane Wilma. VII. OLD BUSINESS: Vill PUBLIC HEARINGS: IX. REPORTS: X. NEXT MEETING DATE: Wednesday, December 21, 2005 rr6s: LOS IbZc2 0-0) 'S to: COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MONDAY, SEPTEMBER 12, 2005 MEMBERS Robin Doyle PRESENT: STAFF: Theresa M. Cook Thomas Palmer PUBLIC: Richard Schmidt Steve Price Bob Tweedie Dennis Vasey John Kirchner 1612. c Gene Schmidt Debbie Harnaga Mike Taylor Tammie Nemecek Carol Glassman Halas I. MEETING CALLED TO ORDER Henning_ Coyle Coletta _ Meeting called to order at 1:00 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Theresa Cook added the following three Agenda items under VII. New Business: C. Schedule Special Meeting, D. Executive Director's Performance Evaluation, and E. Review of Applicant's Qualifications for Authority Board. Mr. Vasey made a motion to approve the agenda as amended. Mr. Price seconded the motion and the Agenda was approved by a 4 -0 vote. IV. APPROVAL OF MINUTES The August 8, 2005 Minutes of the Authority were unanimously approved, after motion to accept by Mr. Vasey and second by Mr. Gene Schmidt. V. EXECUTIVE DIRECTOR'S REPORT A. Financial Statements: Mr. Vasey moved to accept the financial statements as presented. Mr. Price seconded, and financial statements were unanimously accepted. B. Immokalee Permitting Status: Theresa informed the Authority that the permit process is on track, but more exact timing will be available after her meeting with US Fish and Wildlife on September 22, 2005. Theresa further noted, that the permit process is holding up all construction at the Immokalee Regional Airport except Salazar Machine, for which she plans on presenting a lease next month. Misc. Combs: Y: UdministrationWA BoardlMinutes1200519 -12 -05 minutes.doc Date: /3 12 b.5 Items Copies to: 1612 02, 610. Theresa, working with the Collier County Panther Mitigation Bank, has determined that the 383 panther credits required for Phase I development at Immokalee Regional Airport will cost approximately $340,000. Florida Office of Tourism, Trade, and Economic Development (OTTED) and Federal Aviation Administration (FAA) grant money can only be used to pay for panther credits directly associated with development of the Phase I Lake and the taxiway, respectively. County Manager, Jim Mudd, is requesting $175,000 from "UFR" to pay for the balance of the required panther mitigation credits. C. Immokalee Airport Layout Plan (ALP) Update: URS has developed an ALP proposal that maintains more wetland area and utilizes more natural water flows than the plan previously developed by Hole Montes for the Immokalee Regional Airport. However, so as to not hold up the permitting process, the Authority will wait until after Genepol breaks ground before considering revising the water management plan for the Immokalee Airport. VI. OLD BUSINESS A. CCAA Resolution No. 05 -12 and Amendment 1 to Hole Montes Work Order Work CCAA- 04-07 in the amount of (minus) — $59,655 (from $72,475 to $12,820) for Phase I Lake, Canal Realignment and Water Control Structure at Immokalee Regional Airport Because Chairman Doyle abstained from voting on this issue because of a conflict of interest, the required quorum was not present. The item will be continued to the September 26, 2005 Authority Special Meeting Agenda. No meeting attendees expressed any concern about voting in favor of this contemplated Work Order. B. Resolution 05 -13 authorizing execution of Amendment No. I to Hole Montes Work Order CCAA -05 -03 increasing the fee not to exceed an additional $12,000 (from $40,000 not to exceed $52,000) for Immokalee Airport Layout Plan (ALP) Study. Chairman Doyle abstained from voting on this issue because of a conflict of interest; thus the required quorum to vote on the merits of this item was not present, and the item will be continued to the September 26, 2005 Special Meeting Agenda. No attendees expressed any concern about voting in favor of this contemplated Work Order. VII. NEW BUSINESS A. Review and Approval of Genepol Lease Theresa informed the Authority that there is a major discrepancy concerning the term of lease with Genepol. A meeting is scheduled (at the Marco Island Airport) for September 21, 2005 to try to resolve this and other issues. This item will be continued to the September 26, 2005 Airport Authority Special Meeting Agenda. Discussion regarding the location of the lease plots and Genepol's development plans ensued. It was suggested that the lease include language that provides for specific time frames in which the tenant must submit development plans, applications, and proof of financial resources, such as a letter of credit (or similar commitment) from a bank. Y: WdministrationUA BoardlMinutesUOU9 -12 -05 minutes.doc 1612 C 2 B. Resolution 05 -14 authorizing execution of Amendment No. 3 to Hole Montes Work Order CCAA -00 -01 in an amount not to exceed $30,000 (from $358,954 not to exceed $388,954) for the Immokalee Environmental Resource Permit Chairman Doyle abstained from voting on this issue because of a conflict of interest; thus, the required quorum to vote on the merits of this item was not present. The item will be continued to the September 26, 2005 Special Meeting Agenda. No meeting attendees expressed any concern about voting in favor of this contemplated Work Order. C. Schedule Special Meeting Chairman Doyle called a "Special Meeting" of the Authority for Monday, September 26, 2005 at 1:00 P.M. at the Marco Island Executive Airport. If it is determined that a quorum is not available for the "Special Meeting, the meeting may be rescheduled. D. Executive Director's Performance Evaluation: Based on the Authority's Executive Director's performance from December 15, 2004 through August 31, 2005 (performance appraisal attached), Dennis Vasey moved to recommend a $5000 bonus for the Executive Director, Theresa M. Cook, to be paid on September 30, 2005, and to increase her salary 3.9 percent ($3,490.50), consistent with the Collier County normal cost of living increase for this fiscal year, effective October 1, 2005. Gene Schmidt seconded the motion, which passed unanimously. E. Review of Application's Qualifications for Authority Board The Authority unanimously agreed that Mr. Charles L. Wright, Jr. is qualified to serve as a member of the Authority Board. VIII. PUBLIC COMMENT Prior to opening up the meeting for public comment, Chairman Doyle presented Dennis Vasey with a wall plaque acknowledging his service to the community as a member of the Airport Authority Board since 2001 and thanking him for his many positive contributions. A citizen, Richard Schmidt, suggested signage be added at the Immokalee Regional Airport and /or Tradeport indicating what and where businesses are located at the facilities. Chairman Doyle recommended he form a committee, including Tammie Nemecek of the Economic Development Council and a staff member. Theresa appointed Debbie Harnaga to the committee. IX. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." Y: 1,4dministration1AA BoardlMinutes120U9 -12 -05 minutes.doc 1612 �3 THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD JUNE 20, 2005 AT THE EVERGLADES FIRE STATION In attendance were the following: / Paul Wilson, Fire Chief Fula v David Loving, Chairman, Everglades City Advisory Board Member Halas Kent Omer, Chokoloskee Island, Advisory Board Member Henning John Pennell, Plantation Island, Advisory Board Member Coyle Coletta 1, The meeting came to order at 7:12PM. A LETTER OF RECOMMENDATION BY THE ADVISORY BOARD BOR THE APPOINTMENT OF A NEW BOARD MEMBER MITCHELL ROBERTS: Chief Wilson said the table is open for discussion on Mr. Roberts. David Loving asked if there was a motion to approve Mitchell Roberts. Kent Omer made a motion to approve Mitchell Roberts for the Advisory Board. it was seconded by John Pennell and passed. Chief Wilson said both DOF Grants applied for were approved by BCC, ones been approved by Tailahasse. We've got $10,000 of new portable radios coming. If the second one gets approved we will have $15,000 worth of new VHF radios for inner operability communications with those Departments. UP DATE ON FEMA GRANT Chief Wilson said FEMA Grant money more came in we got two new AEDs and an AED Trainer that came off of that FEMA Grant money. I hope to close it out this month to get everything purchased and then it will be it for that. He will be applying for another Department Homeland Security Grant called the SAFER Grant see if we can get more money for personnel. Let the Grant money pay for a couple of guys. Budget wise we came in great advalorem came in 11 % higher than anticipated. I don't see it happening this year but if it continues that trend next year we might be looking at starting to roll back millage. Misc. Corr6s: Page 1 Date: /,;�- Z12J-a-5 _ Item #: J LT 0- C L l Copies to: 1612 G 3 David Loving said the way houses are going now and our tax base. Kent Omer asked how much pilt money did you get this year? Chief Wilson said because we got any extra $300,000 advalorem we didn't get any pilt funds this year. David Loving said what! Chief Wilson said we're not eligible, I did my budget at 1.5 and it came in at 1.7 with the added advalorem. David Loving said so we're taking care of I -75 for Collier County and the State of Florida for free, we're paying for it. Chief Wilson said I'm telling you what our budget is. David Loving said yah, that was a big argument with that Scenic Highway thing, but of course they all say they don't trust the government and things like that but it was just a mess. They had us down for all the safety issues out there and the Chief printed out all the accidents in four years we had 199 accidents on 41 in the last four years and over half of them I can't tell you how many, 70 some, were at intersections along there like 29, Big Cypress Bend, Turner River Rd, Oasis Ranger Station. People pulling out, they want to create more pullouts on that road from 29 to 41. 1 told them on our behalf that we had questions about where the money is coming from for the when we service those. Kent Omer said their putting those weirs under the road, they have those lane shifts, they could leave them for the pull offs for tourists to use. David Loving said they are going to resurface the road after they get done. The scenic highway is dead there's no signs up any more it's been reversed. John Pennell said 1 -75 is still a Federal Highway if you were to start working on it with out their permission. David Loving said I think that's an argument Chief if you ask me. Chief Wilson said I can argue it, but then North Naples, Bonita, Ft. Myers, San Carlos would all have the same argument. No body gets paid for it. Page 2 1612 C 3 David Loving said yes, but the County is getting pilt money and that is payment in lieu of taxes on an area just like that what we have. They are getting paid for having all that open land out here and it is supposed to relieve the taxpayers that are in the populated area. Chief Wilson said it also encompasses schools, Road & Bridge, the Sheriffs Office, EMS, Fire Departments and whatever else the County services provide. David Loving said yes but all those guys are paying 1.5 mils and we're paying 4. Chief Wilson said I understand. David Loving asked what do you guys have to say about that, I don't like it one bit? Jack Pennell said I don't either. Kent Omer said I don't either. Jack Pennell said I guess we just have to eat it. Chief Wilson said we could do a lot with that pill money there's no doubt about it. David Loving said even if we got our fair share and gave it back to the taxpayers. They're getting the money; they're keeping it because we don't need it because we're paying four mils. We want a little bit of a break. Kent Omer said any time you reduce taxes it takes an act of congress anyhow. David Loving said you had 600 and some accidents that year on 1 -75, that's three a week, you're running out there three times a week just for accidents. Chief Wilson said right that doesn't count the medicals. David Loving said medicals and vehicle fires, there's all kinds of those out there too somebody having a heart attack or whatever. I just think a town like this or the area should have to foot the bill for all of that. Joe blow from New Jersey his car catches on fire and our taxes have to pay for it. Plus we're with out service while they're out there. Chief Wilson said no that I will correct we're not out of service, two go up, two stay here and six more on call back. Page 3 1612 C 3 David Loving said I stand corrected. Chief Wilson said yes you're right we spend a lot of time up there. David Loving said what can we do about it, a letter to the Board of Commissioners. Chief Wilson said it would probably be best to start with the County Manager. David Loving said what about our Commissioner, maybe inform him first let him know our feeling about it. Are we all in agreement that we should get some of that pilt money and reduce the taxes? If they give us $100,000, what they used to give us $300,000. Chief Wilson said $350,000 was what it was when I came here. David Loving said $350,000 if we could count on it for next year and reduce our taxes by $350,000. David Loving said they were $120,000 short on the school a year and a half, two years ago and they wanted to close the school here. Chief Wilson said the money is used for whatever the County function is, but the School Board has a separate budget. David Loving asked how many areas have pih funds? There is hardly any area in Naples that does not have a tax base built into it. It's all built up. Chief Wilson said the barrier islands are all in District 1, Goodlette is in District 1, I couldn't tell you what all it is, it keeps changing because the Feds keeping buying up more then they release some then they buy more. It depends who's got the ownership. Like with then state purchase, they took out the south blocks that have nothing to do with those funds there. Big Cypress and Everglades National Park are where the pilt funds come from in the area. David Loving said who covers the biggest area of all the Fire Departments and who has the smallest population? Chief Wilson said we do. David Loving said right so we're funding it with the smallest population, we're funding the largest area in Collier County funded by the smallest population in Collier County. He said if you can help me out with some numbers I'll try to work it out see what they have to say, make a stink about it. Page 4 1612 �3 Chief Wilson said we are towards the end of this fiscal year; you can make it a game plan for next year. David Loving said so we our out of it for this year, we don't have the funds this year. When did you find out about that? Chief Wilson said last Tuesday I guess. David Loving said don't you think we ought to try and say something about it now so we got a shot at getting some of it still. Since we just found out about it that we didn't get any pilt funds. A letter to the County Manager with copies to all the Commissioners or just our Commissioner? Chief Wilson said probably just our Commissioner. David Loving said how about if I call up Coletta tomorrow he's in town run it by him see what he has to say. Chief Wilson said we have some money in contingency to we are in the preliminary steps of looking into building a station at Port of the Islands. David Loving said well, they're paying four mils too. We're trying to get to a point where we can better serve them and then if we get a little better money coming in because of our growth and then they cut off our pilt funds we don't have any room to move. Kent Omer said there is a tremendous amount of construction going on out there right now. He asked if the Ochopee Fire Station is up and running now? Chief Wilson said they just killed a bunch of rats there, we are going to have the roof top replaced the insulation pulled out once that done it will be pretty much manned all the time. David Loving said once we get more people we'll staff Port of the Islands I suppose. Chief Wilson said there is a careful balance there to make it work with the people we have and how many more do we need. That's why the SAFER Grant and a couple of other things. We are in our infancy stage we don't know where it's going to go yet. Kent Omer asked is there anything proposed there as far as land? Chief Wilson said there is a 1.9 acre tract that might be available for us. Page 5 1612 � 3 Kent Omer asked on the North side? Chief Wilson said no, on the south side. David Loving asked is that going to be part of the requirement for the c/o out there on the new development? Chief Wilson said that's on the north side, there is a piece of property there that might be available as well as part of their land development package. David Loving asked if that has been passed by the commissioners yet? Chief Wilson said no. David Loving asked do they need anything like that or is it just zoning? Chief Wilson said they are in a financial problem right now. OLD BUSINESS: None. NEW BUSINESS: David Loving asked if there was any motion on the letter? John Pennell made a motion to draft a letter to commissioner Coletta it was seconded and passed. David Loving asked Chief Wilson if he wanted to daft the letter or do you want me to just get with you. I'll just get with you and get some information from you. Meeting adjourned until the second Monday in October this motion was seconded and passed. rjaviuluovmg�c nayrman Ochopee Fire Ceokrol DistrkA Advisory Board Page 6 PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit 1612 G 4 4..w RECE I V E D NOV 0 12005 Board of County Commissioners NOTICE OF PUBLIC MEETING WEDNESDAY, NOVEMBER 9, 2005 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, NOVEMBER 9, 2005 at 3:OOpm. 1. Roll Call 2. Approval of Minutes of the October 5, 2005 Board meeting / 3. Audience Participation Fiala 4. Chairman's Report Halas Hurricane Preparation and Response Henning Ordinance Update Coyle Contract Amendment with Severn Trent Coletta� Change in Scope of Services and Contract Sum Extension of Contract through 2006 Change in our East Berm Committee membership Naples City Council Meetings — comments 5. Status Report — Hurricane Wilma 6. Sub - committee Reports Clam Bay Sub - committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Beach Renourishment Budget Sub - committee Hurricane Wilma Costs — affect on FY 2006 Budget Potential MSTU Tax Relief FY 2005 Year End Results FY 2007 Step I Planning Mission Objectives Oakmont Lake Project 7. Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements System III & IV Retention Area Improvements — Test Area Community Issues U.S. 41 Street Lighting Sidewalk Overlays Hurricane Charley Storm Damage 8. Committee Requests 9. 10. Audience Comments Adjourn Misc. Corr6s: Date: Item M / Copies to: 1612 04 ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597 -1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay — located in the County's District 2 PELICAN BAY SERVICES DIVISION BOARD MEETING October 5, 2005 Naples, Florida 1612 C 4 RECEIVED NOV 0 i 2005 Board of County Commissioners LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, October 5, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. James Carroll, Chairman Mr. John laizzo Mr. Christopher Sutphin, Vice Chairman Mr. Matthew Mathias (Absent) Mr. M. James Burke, Vice Chairman Mr. David Nordhoff Mr. John Boland Mr. David Roellig (Absent) Mr. John Domenie Mr. Donald Spanier Mr. Edward Staros (Absent) ALSO PRESENT: Twenty -three (23) Pelican Bay residents; Mrs. Peggy Hanson, Fire Commissioner, Mr. John German, Acting Chief; Ms. Becky Pogan, Director of Finance; Mr. Orly Stolts, Deputy Chief Operations, North Naples Fire Control and Rescue District; Mr. Jamie Cunningham, President, Fire North Naples Fire Fighters Association; Mr. Gary McAlpin, Senior Project Manager, Tourism; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Divisioqnn}},,Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division and Mrs. Barbara Smith, I eMAing Halas AGENDA Henning Coyle / 1. Roll Call Coletta C/ 2. Approval of Minutes of the September 7, 2005 Board Meeting 3. Audience Participation Impact of Pelican Bay Annexation into the City of Naples on Fire Protection Services — Fire Commissioner, Fire Marshall, Chief German and other representatives of the North Naples Fire District 4. Chairman's Report Administrator Replacement — Status Ordinance Update — Bring pre -work Commissioner Halas Meeting — Clam Pass /Beach Renourishment 5. Sub - committee Reports Clam Bay Sub - committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Beach Renourishment Budget Sub - committee Budget Resolution: Non -ad valorem Assessment Unincorporated Area General Fund Levy (MSTU Tax) Preliminary FY 2005 Year End Balances Communicating with the Community 6. Red Flag /Green Flags Capital Projects Oakmont Lake Bank Retaining Wall Irrigation and Landscape Improvements System III & IV Retention Area Improvements — Test Area Community Issues Misc. Corres: U.S. 41 Street Lighting Sidewalk Overlays Date: Hurricane Charley Storm Damage Item #: 6196 Cooies to: Pelican Bay Services Division Board October 7. 2005 7. Committee Requests Future Town Hall Meeting(s) — John Domenie 8. Audience Comments 9. Adjourn ROLL CALL 1612 C 4 Mr. Carroll asked that the record reflect that all members are present with the exception of Messrs. Matthew Mathias, David Roellig and Edward Staros with excused absences. APPROVAL OF THE MINUTES OF THE SEPTEMBER 7, 2005 REGULAR MEETING Page 6177, fourth paragraph, change word "removed" to "renourished ". Mr. Sutphin moved, seconded by Mr. Nordhoff and approved unanimously the Minutes of the September 7, 2005 regular meeting, subject to the above change. AUDIENCE PARTICIPATION NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Mrs. Peggy Hansen — Fire Commissioner with the North Naples Fire Control and Rescue District — "I would like to say something that really did not make the Naples Daily News ". Last week I represented our Fire District at a dinner that was sponsored by the Education Foundation of Collier County. Our Public Education Officer, Laura Pacter, received a glowing letter thanking her for all of the work that she does in the schools, educating the children. She also goes into other areas, such as your condominiums, educating you on fire safety. Of note, the Registry Hotel was recognized that evening because of a program that they have had for several years, where area students tour their kitchen and receive an educational talk from the Chef. Another place that received an award was the Marbella for senior citizens who give of their time to go back into the schools and read to young children. To see those people get their awards was heartwarming. Another individual who was recognized that evening was, none other than one of your members Mr. Matthew Mathias, who is not at your meeting today. I probably would have embarrassed him in saying this, but Mr. Mathias was honored for being a mentor. This young boy, Jose, said that " I now want to continue my schooling, go to college, be a chef, own my own 6197 Pelican Bay Services Division Board October 7, 2005 1612 C4 restaurant and I want to be able to serve Mr. Mathias ". The tears were rolling. I wanted you to know that you were certainly very well represented that evening and it made us all feel good. Mrs. Hansen continued, "I want to introduce Mr. German, our Acting Fire Chief'. Acting Chief German stated, " I appreciate your allowing us to address you today". As you are aware, there is an issue going on with the annexation of Pelican Bay by the City of Naples. We want you to know that we would like to continue to be your fire service provider. This is something that we have discussed with the Foundation and the City of Naples and it is still up in the air. We feel that it is a good match for everyone's needs. We have been providing the service to Pelican Bay and have watched this community grow from vacant property into a beautiful residential community. With that came many challenges and we have been able to grow with the community and adapt to those challenges and be prepared to protect you, which is what it is all about. We have been involved in fire suppression, medical rescue, building inspections and investigations, along with public education. That is what all of these people are here to tell you about today and to answer any questions you may have on that subject. Acting Chief German continued, "We have prepared with equipment, apparatus and manpower over the years, to be able to protect you with first class fire protection ". What we would like to offer to you is to have an Open House at Pelican Bay, Station #44. We would like to show you the apparatus that we have available for your need. One thing that we can offer you, that the City does not have, is the economy of scale. We have seven stations and are going to nine stations over the next few years. We have our long -range plan of having two additional stations after that. All of that equipment and manpower is available to you at any time. There would be a coordinated response that would be communicated immediately when you dial 911 and there would be less time waiting for a fire or rescue truck to arrive at your residence. I would like Mrs. Hansen to introduce our other people in attendance today and they will be able to tell you about our operations, finances, public education and investigation. The bottom line is that we would like to arrange an agreement that would meet everyone's needs. We feel that you already have the fire protection in place that you need and for the City to spend a lot of taxpayers dollars, 6198 Pelican Bay Services Division Board October 7. 2005 1612 C'� to rebuild infrastructure that already exists, would be a waste of taxpayer's dollars. Your financial picture would be a lot better by having us remain as your fire protection provider. Mr. Domenie asked, "in the latest issue of the Pelican Bay Post, it says that the City has an ISO rating of 2 and the North Naples Fire District has an ISO rating of 4, implying that there would be a savings to us when we purchase our insurance, with an ISO rating of 2 ". How much savings, if any, would there be? Acting Chief German replied, "I don't know the exact insurance premium statistic, but I understand that is quite minimal when it comes to the difference between and ISO rating of 2 and ISO rating of 4 ". That is one of the things that we found to be omitted from the Urban Services Report. Whenever a property is to be annexed, an ISO study, or pre -ISO study, should be done to show what the impact would be in taking on this new area, for the present and future city residents. This ISO rating deals with several things, one of which is water supply, and is why the City has such a high rating. The entire City has fire hydrants, so there are fire hydrants everywhere. We still have some rural areas that are becoming more urban every day, but are still without a water supply and we respond to those areas with water tankers and relays. The response time is another issue. In Pelican Bay, you have the response from two stations. There is a chart that we have prepared for the City in this presentation that shows that you have the Pelican Bay Station #44 and Station #40, which is located on Pine Ridge Road. Both are closer than the Naples City Station #2 located on 26'h Avenue. We also have three other stations that are closer than the next closest City station. We have five stations closer to you than the City's minimal response to a fire. Mr. Sutphin stated, "I think the information you are presenting is critical to the annexation decision, but I think you are talking to the wrong audience ". This Board consists of eleven members and the two commercial members do not live in Pelican Bay and, therefore, are not registered voters in Pelican Bay. Assuming all of the non - commercial members voted, you have between nine and eighteen votes, depending upon whether or not they are married and their wife votes the same as the husband does. This Board has no authority over fire protection and has 6199 Pelican Bay Services Division Board October 7, 2005 1612 C4 nothing to do with providing fire protection for Pelican Bay. You should be talking to registered voters who are going to vote on this decision. Mrs. Hansen stated, "Much of the business of the commercial people on your Board comes from the people of Pelican Bay'. Mr. Sutphin replied, "Yes, but they can't vote ". Mrs. Hansen stated, "I know they can't vote, but at least we can present the program so that you know it yourselves and you know it well ". We don't want to leave anybody out of the loop. We want everybody to know what we are proposing. I would like to have the President of our Firefighters Association, Mr. Jamie Cunningham, say a few words. Mr. Carroll replied, "Okay, but I am going to have to control the time ". Mr. Jamie Cunningham stated, "Your question is very good and I will tell you that it does directly pertain to your advisements, as one of the four main committees that run Pelican Bay and all of its' services ". All four parts have to be on the same page. Although you may not be a voting party for the Pelican Bay issue, your voice is a very strong voice when you talk to City Council. Your voice is very strong when you talk to the Foundation and even if you are not able to vote on this issue, your support is going to be an integral part of this entire process. I have heard people say that I want Pelican Bay to stay within our organization and if we don't we will lay firefighters off. I can tell you that is not the case. In fact, we are continuing to hire firefighters. Today, our Board of Commissioners approved twelve additional spots for our new budget, because they recognize the needs of the North Naples area. With or without Pelican Bay, we still have resources that need to be expanded and we are going to continue to grow our stations, so at no point are firefighters going to be laid off. I would like to get that cleared up in advance. Mr. Cunningham continued, "Your Board knows that there are certain qualities of services and in the service industry, you get what you pay for. We have heard comments from some people in Pelican Bay saying that the cost of one mil is too high. The Finance Director will be brief and talk about the finance portion, but you get the service that you pay for. When you look at the uniqueness of your high rises being near the beach and the density that you have in Pelican Bay, there is a very serious risk to that when it comes to fires or even emergency 6200 Pelican Bay Services Division Board October 7, 2005 1612 C 4 services in general. The seven stations are not only seven fire stations, but also contain technical rescue teams and whatever the worst -case scenario to happen would be, North Naples is prepared for that. I ask you to look at the equipment that we have and the number of people that we have staffed, on a day in and day out basis, and take that comparison to the City of Naples and see what you get for your money. See what services are available and see what manpower is on these vehicles. Mr. Cunningham stated, "Firefighting, in general, is very labor and manpower intensive type of work ". When Hurricane Charley missed us last year, there were many buildings in Pelican Bay where their generators did not work after the storm and they had no power to operate their elevators. They called the fire department to bring their people down the eighteen to twenty flights of stairs, with their oxygen bottles in tote, etc. A fire itself may not kill people. Do we have large fires all the time? No, and the reason is that our response times are minimal. The National Fire Protection Agency (NFPA) have guidelines that orchestrate the national standards over what fire service should be provided, how many people should be on a truck, how many trucks need to be in an area and the response times for those vehicles. I can tell you that North Naples and their Commissioners are dedicated to staying within, or as close to, those guidelines and as physically responsive as they can, to provide those services for you. If you look at the Urban Services Report, the City of Naples suggests putting one fire station and two trucks up here with a total of six personnel to be enough to man Pelican Bay. We have two first run stations for Pelican Bay. Both have an engine and an aerial device. That is four trucks minimum. In our station in Pelican Bay we also have a Battalion Commander. The NFPA guidelines suggest that at any fire where there is no risk of life hazard, you must have two people outside for every two people that you have inside. I encourage you to look at the staffing in the City of Naples. The closest fire station that you have to you on 26'h Avenue runs three trucks. The rescue truck has two people, the tower truck has one person and the engine has two, sometimes three, people on it. If that engine is on a call anywhere else and you are a rescue and tower behind and respond to Pelican Bay, they cannot even make entry into your house according to the guidelines. They need three trucks to pull on scene before they are able to advance a line 6201 Pelican Bay Services Division Board October 7, 2005 1612 C 4 inside of your house. In Pelican Bay, one truck is on call and you have three more trucks following behind, with three people on each and also a Battalion Commander, that responds. I ask that you look at the services being provided and the guidelines that are out there and that you to support the fire district in removing it from the annexation issue and that the District is not an obstacle. words ". Mrs. Hansen stated, "Ms. Becky Pogan, our Director of Finance, would like to say a few Ms. Becky Pogan stated, "The reason that we are here is that we need your support". We have gone to the City Council, our Chairman has, by letter, requested that the City exclude the fire service from annexation; that the City exclude fire service from the Ordinance and elect not to assume the first protection and thereby allow the North Naples Fire District to remain as your service provider. What we need from you is to voice your support to the Foundation and to the City Council. There is a workshop that is going to be held on October 17th. We have been asked by the City to provide them with extensive cost analysis detail, which they have not requested their own staff to prepare. We need as many representatives of this very powerful organization to be present at that meeting as we can, so that when City Council discusses excluding the fire service, that you can voice your support. City Council Members have indicated that that is an important factor for them in making their determination. Why is this so important? It is the level of service and it is not that the District is concerned about losing revenue. We are concerned about the people in Pelican Bay, that we have had this long -term relationship with. There have been so many misstatements made by the City, and others, that we want to be sure that you know the facts. Ms. Pogan continued, "Definitely there is a difference in the levels of service and the cost'. The City has dramatically understated their cost to provide service to you. Why does that matter? That matters because the annexation ordinance allows the City, if they take over a service that has been provided by an Independent District, to assess you additional sums, in addition to the millage, the franchise fees and the utility fees. There is no cap on what that fee can be. Four years down the road, if annexation goes through and we do not remain your 6202 Pelican Bay Services Division Board 1612 October 7, 2005 provider, they can decide at that time that it is going to cost a lot more than they thought and that they are going to assess every residential homeowner $1,000. There is no limit, within the Statute, that says what they can or cannot charge and how often they can charge it. It is a real financial matter, as well as a level of service issue. There is an easy solution. The City can exclude the fire service and give the residents of Pelican Bay a tax credit in lieu of providing that service. We really think that is the answer. It is a great answer for the City and has nothing to do with whether or not Pelican Bay should move forward with annexation. Annexation is your decision and not ours to make. We want to be sure that you do not lose this very valuable service that we have been able to provide you for many years. Mr. Burke stated, "You are out there right now buying property for fire stations ". Obviously, the City has not done that for thirty years and has made no inquiries. What are you paying for the size of property that you need? Ms. Pogan replied, "One year ago we bought property and we paid approximately $800,000 per acre ". The property values in this area are increasing anywhere from 11%-14% a year. The City has made very minimal provisions. I believe that they have dramatically understated their costs to build a station and purchase land. They are using a building figure of $170.00 per square foot. The station that we built two years ago cost us $220.00 a square foot and our information is that it is going to be $250.00 - $300.00 a square foot beginning in January. The City has made no provisions for those kinds of increases and you are talking about millions of dollars in difference in what they are representing. Mr. Burke asked, 'Was the property you bought further east "? Ms. Pogan replied, "The property is located off of Pine Ridge Road ". We have been looking at properties along Goodlette Road for different purposes. The asking price for property along Goodlette Road is $1,000,000 per acre. We also have information of commercial property that was bought within Pelican Bay three years ago and that was $1,000,000 per acre. Mr. Burke stated, "I have been to all of the workshops and surprised by how little detail the City is professing to know ". Is there somebody in the financial end of the City that understands what the true costs of fire protection are? I know you are dealing with them. 6203 161204 Pelican Bay Services Division Board October 7, 2005 Ms. Pogan replied, "I can tell you what I have asked for and what I have been provided ". Back in December, when the Urban Services Report first came out making the statement that they could provide the same level of service for half the cost, I contacted the Director of Finance. I asked for a spreadsheet or something that shows what the components are, to what you are saying the cost is. She told me that she had not done anything. I asked what that spreadsheet was based on and she sent me a two page Memorandum from their Fire Chief. That memorandum said that this is a preliminary estimate of costs and we think that we are going to hire maybe twenty -two people, which will cost approximately this and we think we are going to build a station. These were very preliminary numbers and costs that I feel are very dramatically understated, just from a wage and benefit issue. Mr. Boland stated, "I think that the Golden Gate Fire Department and the North Naples Fire District are going to merge ". Is that true? Mr. Pogan replied, "No, there have been discussions between the North Naples Fire District and the Golden Gate Fire District ". There are five Independent Districts within this County. There have been discussions over the course of many years about merging some of those Independent Districts to benefit the taxpayers. We had some initial discussion with Golden Gate and it is currently in a hold situation. Mr. Boland stated, "I don't believe there has been a major fire in Pelican Bay in twenty- five years ". You have medial emergencies and you never know when you go out if it is going to be a false alarm or whatever. My question is that Golden Gate appears to have a lot of fires. If you merge, what guarantee is there that we would get the same service here? You would be doing a lot of fires in the Golden Gate area, where we are almost fire proof here in Pelican Bay. Ms. Pogan replied, 'We would still have our station right in Pelican Bay'. Mr. Boland asked, 'Would that station have to respond to Golden Gate "? Ms. Pogan replied, "That is an operational question that I would like to defer to the Deputy Chief of Operations ". Mr. Stolts, Deputy Chief of Operations. Mr. Boland asked, 'Would that merger affect our service here "? 6204 1612 C 4 Pelican Bay Services Division Board October 7, 2005 Mr. Stolts replied, "It could affect it in both directions ". If you have a large -scale fire and that was our district, absolutely. We have to serve our District, just as we would if you had a large -scale fire in Pelican Bay, we would have all of Golden Gate in here working your fire. You say you don't see a lot in the newspaper of any large fires in Pelican Bay. I don't know whether a $100,000 fire at the Ritz Carlton Hotel a few months back is a large fire or not. There were some injuries in that fire and a potential for a lot of injuries. It was not a large fire and you probably didn't even read about it in the newspaper. The reason you didn't, is because we put seven fire engines, two ladder trucks and fifty people on scene within just a few minutes. Ask the City of Naples what they can put on scene at the Ritz Carlton Hotel if they put one station in Pelican Bay? Mr. Carroll thanked the group from the North Naples Fire Control and Rescue District for attending the meeting. OAKMONT LAKE Mrs. Rosalee Johnson -Fogg — Greentree Drive resident — "At the last meeting I had some comments about Oakmont Lake ". Most of the maintenance items have been taken care of by Mr. Lukasz. The outstanding item is the replacement of the railroad ties, which someone mentioned could possibly be moved forward because it had been budgeted two years from now. I would like to know the status of that project? Mr. Carroll replied, "That is on our Agenda today and we will cover that subject later in the meeting ". CHAIRMAN'S REPORT ADMINISTRATOR REPLACEMENT - STATUS Mr. Carroll stated, "Mr. Petty is here and has attended the last couple of our meetings ". He and I are working together on the subject of whether Mr. Petty and Severn Trent will continue our relationship. I have drafted a revised Scope of Services, which I am going to work on with Mr. Petty. When we come to an agreement, I will bring it before the Board, probably at our next meeting. I believe we need to make a decision within the next month or two, about whether we 6205 1612 Pelican Bay Services Division Board October 7, 2005 are going to use Mr. Petty as Mr. Ward's replacement and continue with Severn Trent by continuing their contract for another year, which we can do under their current contract. ORDINANCE UPDATE Mr. Carroll stated, "This item was on your Agenda last month and we had other things that made it necessary for me to postpone this discussion ". What I would like to do and can be done rather quickly, is to cover as much detail as you would like. You have my letter, which indicated why I thought this was a timely opportunity to make this change. I didn't mention that the Ordinance that we now have requires a review every four years. We are in our fourth year, so we are doing this a couple months ahead of time and doing what we need to do. The reasons I gave for changing the Ordinance are to clarify the role of the Services Division and to drop references to our being an Advisory Committee. That is terminology more than anything else. Then, to address, in a little more detail, the role of the Services Division in its' relationship with the County Manager and Deputy Manager and to remove some items which are obsolete. There are certain things we had to do three years ago when this Ordinance was written and under the current situation is housekeeping and we can get rid of them. I have reviewed this with the appropriate people in the County, Mr. Brock, Mr. Ochs, the County Attorney, etc. The process is such that if this Board concurs with the changes, then I would then take it to the Board of County Commissioners and have them approve it. I mentioned a few other things, which I don't think I need to repeat. There were innumerable changes of wording to replace the term Advisory Committee, with Pelican Bay Services Division Board. I could have said that once, but I felt it more appropriate to highlight those as we go through the Ordinance. Each of you has a copy of the current Ordinance and a copy of the revised Ordinance. I have highlighted these changes by page. I have highlighted a few of the things that I felt were beyond housekeeping and needed changing, where the wording is such that it affects us. Mr. Carroll stated, "The first item is Page 2, Section Five, which highlights the responsibility for the budget preparation ". The way that it was previously stated, the Administrator basically prepared the budget and the way we do it now is different. We have a Budget Sub- committee and Chairman. So the wording in the Ordinance is changed to reflect that change. 6206 C " lmu Pelican Bay Services Division Board October 7, 2005 1612 C Mr. Spanier stated, "I think Page 2 is the key page, but I would like to return to Section Four, which to me reflects the heart of the problem with the present Ordinance ". This section reflects the frequent disputes with the Foundation's misunderstanding or disputed understanding of the scope, functions and limits of this body. I believe that we are badly in need of clarification of the purpose of this body and I have drafted a modest change in the wording that you have suggested. "The unit is formed for the purpose of providing such additional public services and facilities, supplementing those provided by the Collier County Government throughout the Unincorporated Area of the County, as may be desired and will be used and paid for solely by the taxpayers of Pelican Bay. These may include such services as the following, but will not be limited to them ". Then I talk about the famous street lighting and our being involved in janitorial functions, etc. The point of my proposed revision is to come to the heart of the matter of the fact that throughout Collier County, the County government provides certain services through its' system of taxation to all taxpayers. We have, over a period of many years, worked out a system of maximum self government for Pelican Bay, in which we make determinations of supplements for expanded services for something as trivial as planting annual flowers three times a year, rather than twice a year. Our function, or opportunity, and I believe it should be stated in the Ordinance, is to determine what additional services our residents' want or feel they need and will pay for, over and above standard County services. Mr. Carroll stated, "I understand what you are saying, I don't believe we feel limited to do that right now ". You are proposing that we add some words which can, in effect, open that door to say that we can do more ". Mr. Spanier replied, "It is much more than that ". I say that the function of this body is general public service and facility for the people who live in this community. It is up to this body, which I believe is legally constituted to do it, to determine what the residents of this community want in the way of additional public services and facilities, other than what you find throughout Collier County and that we are willing to pay for. Mr. Carroll asked, "Do you think we are limited right now in doing that "? I don't feel that we are. I agree we have to determine what the people want, but I don't feel constrained. 6207 1612 0 4 Pelican Bay Services Division Board October 7, 2005 Mr. Spanier replied, "Neither do I ". What I am saying is that there should be language in the Ordinance. There has been rhetoric in the Pelican Bay Post that has characterized the entire annexation issue, which says in effect, you (Pelican Bay Services Division Board) have no business looking at the spectrum of public services and facilities wanted in Pelican Bay; take care of the street lights. I believe the County Board and the State of Florida intended something far more within this structure and under your leadership we have felt our way into an understanding with the County that we do understand, although we do have some dissention on the Board and the Foundation, because the Ordinance is not clear. Mr. Carroll stated, " I appreciate that and would like a copy of your paper with your comments in making this change ". Are there any other comments on this subject? Mr. Burke stated, "It sounds to me as if Mr. Spanier wants to broaden the Purpose and Powers Section ". Mr. Carroll stated, "That is what he is saying ". My feeling is that we are not limited. Mr. Burke replied, "I don't feel constrained ". During this annexation issue, I believe there is an attempt to portray us as the people who throw on the light switch and clip the grass. Even one of our Board Members has said that the City will hire two guys to cut the grass. I think I know where Mr. Spanier is headed and we need to take a look at it. Mr. Carroll replied, "I have your point and I don't want this to drift off into an annexation issue or it will never get done ". Mr. Burke stated, `This is a good time to get this Ordinance broadened ". Mr. Sutphin stated, "I have read the applicable section of the Florida Constitution and the Florida Statutes that deal with MSTBU's ". I have no problem making that paragraph broader and that is certainly within the scope of the Florida Statute. The one thing I would like to point out and this relates to Mr. Carroll's change in calling us the Pelican Bay Services Division Board, rather than an Advisory Committee. We can call ourselves anything we want, but we cannot change the fact that we are an Advisory Committee. Let's not be naive about it. Mr. Carroll stated, "I don't happen to agree with that ". 6208 Pelican Bay Services Division Board October 7, 2005 Board ". 1612 04 Mr. Sutphin stated, "In this form of government, they cannot delegate the authority to this Mr. Carroll stated, "They appoint us ". Mr. Sutphin replied, "They have the right to overrule anything that we decide, so we are in fact, an Advisory Board ". Mr. Carroll stated, "Those are words and I can think of some other words ". Mr. Sutphin replied, "My grandfather always told me that you can't make a silk purse out of a sow's ear ". We are what we are; we are an Advisory Board. Mr. Burke stated, "I think the two paragraphs show remarkable progress over the last three years from where we were and where we are now ". Those of you who were around three or four years ago can remember when we were going to make some tweaks to the Ordinance, we had Mr. Brock, the Clerk of Courts here. Mr. Brock was here helping us change the words in the Ordinance. Here we are today, able to make the changes ourselves. You can sit with Mr. Ochs and he pretty much signs off on what we want to do. I think that progress is very remarkable. Mr. Sutphin stated, "The main thrust four years ago was on defining the whole election process, to allow the community a voice on who sits on this Board ". There was relatively little emphasis placed on the things that Mr. Carroll is now trying to address. Mr. Carroll stated, "At that time I did not feel that we had the authority or muscle to do that ". Now I know we do, so we are in a different place. Mr. Sutphin stated, "I also didn't mean to betray this in a negative context ". The County Commissioners have never, to my knowledge, ever overruled a recommendation that this Board has made. They place a lot of confidence in the quality of what this Board has recommended to them in the past. Mr. Boland stated, 'We are not going to have any more authority if we are a Board than if we are a Committee ". Mr. Sutphin replied, "That is correct ". 6209 Pelican Bay Services Division Board 16 12 c October 7, 2005 Mr. Boland asked, "Is it a true statement that somebody has to approve what we recommend "? We cannot do this on our own. We cannot say here is our budget, we approve it; it still has to be approved by the Collier County. Mr. Burke replied, "Yes, it takes about a minute and one - half ". Mr. Carroll stated, `The only thing the Commissioners have approved during the last year was the budget ". Mr. Boland stated, 'We have no right to approve anything ". We recommend, advise and they take that recommendation, is that right? Mr. Carroll replied, "No, that is not the way we run the business ". Mr. Boland asked, 'What can we approve on our own "? Mr. Carroll replied, "Anything and everything, except the budget ". Mr. Boland stated, 'We can approve spending, but within the budget ". Tell me one thing we can approve, other than the budget, without anyone disputing what we approve? Mr. Burke stated, 'We sign off on the budget ". Mr. Boland replied, "The County still approves the budget ". Mr. Carroll stated, "On Page 3, Section Eight, Lines 28 and 29 are reference to the previous voting situation ". The way it was set up by Mr. Brock three years ago, was that the people with the most votes were appointed and the others who had fewer votes did not get appointed. It says that if somebody leaves office six or nine months later, you go back to that list and try and find out if they are still interested or alive. What I changed was to, in effect, say that this Board should recommend to the Commissioners a replacement, instead of going back to that list. Obviously, we use that list to find out if the people were still interested, but I thought that was a change that clarified something that was not very workable. It is open for discussion. Mr. laizzo asked, "Do you want the Board to pick someone at random or have a couple of names put up for a selection "? Mr. Carroll stated, "The Board would make a selection and recommend to the Board of County Commissioners ". Mr. laizzo asked, 'Who would bring the names before the Board "? 6210 Pelican Bay Services Division Board October 7, 2005 Mr. Carroll replied, "We would ". 1612 C 4 Mr. laizzo asked, 'We could select people from the community to get on the Board "? Mr. Sutphin replied, "This is only for a term resignation ". Mr. Domenie asked, 'Why wouldn't we stick with section three "? We have done that before, that is how Mr. Spanier was appointed ". Mr. Carroll stated, "If you would rather leave it the way it was we can ". I just felt as if you may have people who are now on the Foundation Board, or on some other Board, that would make them ineligible or they are no longer interested. This Board could then select a person and assuming that we all agree, they could be appointed. Mr. laizzo stated, "The process would be quicker if we went to the list and selected the next candidate in line ". It would be quick, otherwise we are going to be spinning looking for someone to appoint. Mr. Domenie stated, "The problem is you have four people running for three positions and if that person moves out, then you have no one to replace them ". Mr. laizzo replied, "If there is a reserve list, fine, if not, then we pick it up from there ". Mr. Carroll stated, "Maybe that is another way to say it ". If there is a reserve list and the people express a continuing interest, the list is to be used, if not, we will make the recommendation. Mr. Carroll continued, "In Section Nine, the reference to two -year terms was eliminated ". This is old stuff that doesn't need to be in there. Section Eleven, is detail where I had intended to use Vice Chair(s) and not Vice Chair and the wording should permit us to have more than one Vice Chairman. On page seven, there are several changes that have to do with things that the Board would approve. Section Twelve deals with reimbursement of expenses. Since I have been here nobody has ever had any expenses, but it reads that if there were, those expenses would have to be approved by the Board of County Commissioners and I added the statement, after approval by the PBSD Board. If somebody wants expenses because we asked them to take a trip, then I think we ought to be the ones to approve it. 134-Ml Pelican Bay Services Division Board October 7, 2005 1612 C 4 Mr. laizzo stated, "I don't think that we should have to go to the Board of County Commissioners for a second approval ". Mr. Carroll replied, "We do ". Mr. laizzo asked, "Do you think it is mandatory"? Mr. Carroll replied, "I don't know, but that is a good question ". Mr. laizzo stated, "If it is mandatory then you go with it, but if it is not mandatory, why do the paperwork "? Mr. Carroll stated, "This was in the old Ordinance and I placed it in this revision in order that we would have to approve it first ". Section Thirteen, lines 29 through 32, Section "D" now says that the Board shall recommend work programs and priorities to the Board of County Commissioners in accordance with the Budget, which may be adopted by the Commissioners in accordance with the law". The execution of the work programs shall be the responsibility of the Services Division Board to be executed by the Pelican Bay Services Division staff, with the assistance of any additional County staff needed. This turns that statement around. It said that the County would do this and I am saying that we do it and if we need their help we will ask for it. Mr. Spanier stated, "Item "A" says that with the assistance of the County Manager to provide input, etc ". That is a very courteous thing to say, but realistically I really do believe that that should read..." (The balance of Mr. Spanier's comments inaudible on the tape due to other members personal conversations). Mr. Carroll stated, "It says with the assistance of the County Manager ". Mr. Spanier replied, "He never assists us ". Mr. Carroll replied, "That was included so that if we need his assistance, we can get it ". Mr. Spanier replied, "It does no harm, but if we try to clarify relationships, intent, scope and authority, it seems to me that clearly the intention is that this Board is intended to provide input to the Board of County Commissioners ". We are not advisory to the County Manager. Mr. Carroll replied, "I have a question there also ". In Section Fourteen, Section D, this is just moving things around. The "D" section was missing in the old Ordinance. Section Fifteen is 6212 1612 C 4 Pelican Bay Services Division Board October 7, 2005 the Section that says that we have a review every four years and I think we will leave that in for the next time. Mr. Carroll stated, "That pretty much covers the changes and I have your comments ". I can make some adjustments, particularly in the succession portion. Mr. Carroll stated, "I would move that the Board approve the changes that have been recommended, with the comments made to be included ". Mr. Domenie asked, 'Would you be submitting a complete revised copy for the Board's review"? I think you should. Mr. Carroll replied, "I will do that ". Mr. Carroll moved seconded by Mr. Burke to revise the Ordinance with the suggested changes and incorporating the comments made by the Board. The motion was not called due to the motion being withdrawn. Mr. Sutphin stated, 'When we did the Ordinance review four years ago, we had it on a split screen with the new ordinance on one side and the old on the other, so that you could actually see the change ". If I could make a suggestion, if we have the capability to go back about fifteen years in technology and have transparencies, at the final review, if there was some delicate wordsmithing, a grease pencil could be used and the Board could approve a final document. Mr. Petty, do we still have the old technology that we can work with transparencies? Mr. Petty replied, "Yes sir, we do ". Mr. Sutphin stated, "I really think that would be a great way to present it ". Mr. Carroll stated, "I will work that out with Mr. Petty'. Mr. laizzo asked, "Is it really necessary"? Mr. Carroll replied, "I wonder if it is also ". I can make the suggested changes and mail it all to you and at the next meeting we can be done with it. Mr. Sutphin stated, "I vote to approve it the way it is, but there is some concern about seeing it another time ". Mr. Spanier stated, "I agree, I would not vote for it as it is ". 6213 1612 0 4 Pelican Bay Services Division Board October 7, 2005 Mr. Carroll stated, "If you will provide me with the copy of your comments, I will make the changes and get it to you ". Hopefully, I can get an approval at the next meeting. Mr. Burke stated, 'We have to withdraw the motion and the second ". Mr. Carroll replied, "I will withdraw the motion ". Mr. Sutphin stated, "I will withdraw the second ". COMMISSIONER HALAS MEETING — CLAM PASS /BEACH RENOURISHMENT Mr. Carroll stated, "Mr. Burke will be covering the Clam Bay situation ". I just put this on my agenda to comment on the fact that I feel it is an obligation on my part to acquaint the Commissioner with any issues, such as this, which is involving other organizations within the County and keep him up to speed. I feel it is very beneficial to do that because he was supportive of us when we had this issue before the Commissioners a couple of weeks ago. I find that link useful and can get the Commissioner's and staff support if we need it, through that approach. SUB - COMMITTEE REPORTS CLAM BAY SUB - COMMITTEE Mr. Burke stated, `The Clam Bay Sub - committee has not met since our last meeting in September ". We are holding off meeting until we receive additional information. CLAM PASS INLET Mr. Burke stated, "I have prepared an article for the Pelican Bay Post ". I have pulled together all of the information to date of what is happening and also providing the readers with some historical perspective. Essentially, this is a good example of us working together with other governmental organizations. We are working with Mr. McAlpin and the Coastal Advisory Committee, to put together the data that we need to determine the extent to which Clam Pass inlet will be dredged. When all of the information is complete, they will be coming back to us with a discussion of the options available and we will include the Seagate people. There will be a good, broad, range of people involved. Mr. Burke continued, "So that most of you know, we have been maintenance dredging Clam Pass since 1998 and we do not remove the ebb shoal ". Our feeling is that the ebb shoal 6214 1612 C Pelican Bay Services Division Board October 7, 2005 provides stability for the inlet. That is under control, we are all talking and there is no adversarial position. We are trying to work that one out. Mr. Spanier asked, "Given the fact that the potential adversarial position is between the voters in the north end of the City of Naples and the residents of Pelican Bay, should a representative of the City government be involved in that discussion "? Mr. Burke stated, "The City is represented, because the Coastal Advisory Committee has two City representatives as members ". There are two City, two Marco Island and two Unincorporated County representatives on the Committee. My sense would be that they work through those two representatives to have their voices heard. For anybody in the audience, go down to the south beach at low tide and take a look at the size of the ebb shoal. There is a whole lot of sand out there and that is what we are talking about when we say ebb shoal. To see it at low tide, you get a better feel for what it is. BEACH RENOURISHMENT Mr. Burke stated, "Mr. McAlpin is with us ". He can answer any questions that any of us may have on beach renourishment. There is a whole lot of information flying around about beach renourishment, cubic yards of sand, tapers, etc. We have pretty much said that we will go with the $840,000 version. Mr. McAlpin will tell us today, that if you want $840,000 worth of sand, you can have it, but we were originally talking $1,000,000. We budgeted $840,000, but felt that to get the full application we would need to spend $1,000,000. Mr. Domenie stated, "In our budget we have $870,000 ". Is that $30,000 for engineering or can we use $870,000 to put sand on the beach? Ms. Smith replied, "We only have $840,000 for beach renourishment". The other $30,000 is for interior tidal channels. Mr. Burke stated, "There was some discussion about coming up with the extra money to go the $1,000,000 version ". Mr. Sutphin stated, "You may want to defer that until a little later in the meeting ". I think that once you see what gets presented in terms of shifting capital around to deal with Oakmont 6215 1612 Pelican Bay Services Division Board October 7, 2005 Lake, it may come down to a decision of the lake versus the sand. That is something the Board is going to have to decide on how they want to spend their available funds. Mr. Burke stated, "The difference between $840,000 and $1,000,000 is the amount of sand that will go on the beach ". Mr. McAlpin replied, "That is correct ". There is no cost to you for engineering or mobilization and it is strictly cubic yards of sand. It equates to approximately 30,000 cubic yards of sand for $840,000 and approximately 36,000 cubic yards for approximately $100,000,000. Mr. Domenie asked, "Does that permit us to put more sand further south, or just more sand on the approved area "? Mr. McAlpin replied, "It will allow you to put more sand on the approved area ". The area is established by our permit and to change the permit is a long drawn out process that we don't want to do at this point in time. What it will allow you to do is fill the template to the maximum that the State has authorized. Mr. Domenie stated, "My question is, can we spread it further south "? Mr. McAlphin replied, "Not without a permit modification and we do not want to do that at this point in time ". Mr. Burke stated, "One way or the other sand will be spread between monuments R -33 and R -37 and at $1,000,000 it will be thicker". Mr. Spanier asked, "Do we have any idea how rapidly the Gulf of Mexico will begin moving that extra $200,000 worth of sand wherever it wants it to go "? Mr. McAlpin stated, "When we designed this job we looked at the annual average erosion rate and typically designed it so that at the end of six years, you would have a beach width is the area of 85' -100' in width ". Then there would be a time that you see erosion off of that 85' -100' width and that is the design basis for this project. Mr. laizzo asked, "What is the current width "? Mr. McAlpin replied, "I don't have that information right now ". We have hot spots in some areas and I don't believe there are hot spots in Pelican Bay, but I can provide that information to Mr. Burke for your next meeting. Now is the opportunity to renourish. If you don't go in and put 6216 C 1612 C Pelican Bay Services Division Board October 7, 2005 the maximum amount of sand on the beach right now, you lose an opportunity to be very cost effective. If it is a question of whether you should or shouldn't, do it now because you will never have an opportunity, from a cost point -of -view, to be as low as it is right now. The next opportunity you get might be the next cycle and we don't plan on renourishing the beaches again for another ten years. That is not to say that Pelican Bay cannot initiate a project to renourish their beach and that is not an issue to me. From a County point -of -view, we will not renourish the beaches for another ten years. We do the entire County at one time and it takes approximately two and one -half years to get the permitting. I am encouraging you to look hard at this and don't make an arbitrary decision that the $840,000 is the budget and is all I can afford. I don't need the answer immediately, but we will start renourishing your beach around December 1s'. We have the Biological Opinion, are getting the Corps Permit and working on the last details of the engineering, as we speak. Approximately December 15' we will start with sand at the north end of Vanderbilt Beach and work our way south. Time is of the essence and you have a month or so to make some decisions, but I do need to know that information within a month, so that we can start with a revised template. Mr. Carroll stated, 'We have a meeting the first Wednesday of each month, so our next meeting will be in November ". Would that be timely? Mr. McAlpin replied, "That is fine ". I don't need a decision right now. Mr. Sutphin asked, "Is the new profile available, so that we know the starting point for sand requirements "? Mr. McAlpin stated, "The profile is the same as the profile that has been permitted and has never been changed ". I assume at this point in time that you are going to fill it to the 36,000 cubic yards. The profile would be changed off of that. Mr. Sutphin stated, "I thought there was going to be a new starting profile generated, so the calculations would show if we gained or lost sand ". Mr. McAlpin replied, "We have surveyed the beaches ". We are in the process of doing that, but the first survey we wanted to complete was the survey at Clam Pass. Within the next couple of weeks we are going to have that information. 6217 1612 c a Pelican Bay Services Division Board October 7, 2005 Mr. Sutphin asked, "Will the information be available for our November Meeting "? Mr. McAlpin replied, "It will be available before then ". Mr. Burke stated, "For everybody's benefit, we all know that every 1,000 feet along the beach there is a monument ". Whether or not we participate, the County will be renourishing up to monument R -33, which is approximately one -half of a mile south of Vanderbilt Beach Road. When we participate, at our expense, we get sand from monument R -33 to R -37, which is approximately 1,300 feet south of the Sandpiper. Mr. McAlpin stated, "Clam Pass is monument R -42 ". Mr. Burke stated, "I understand the laws on beach access, but if we wanted to pay to renourish to Monument R -39, could we do it "? Mr. McAlpin replied, "That is a permit modification and would take some time to do ". Mr. Burke asked, "Could it be done next time around ". Mr. McAlpin replied, "Yes, we have that capability'. You also have to remember that if we get into a situation and see that there is an erosion hot spot, that does not mean that we cannot truck haul sand in from an upland source. It is very expensive, but we could certainly look at doing that. Mr. Domenie stated, "Basically we are renourishing Bay Colony and the Sandpiper ". Mr. Sutphin stated, "The County is paying for Bay Colony'. Mr. Domenie stated, "Part of what we are paying is at the Strand and private houses ". Mr. Sutphin replied, "They could afford their own sand ". Mr. Domenie stated, "Yes, but we are paying for it ". Mr. Burke stated, 'We will still get the benefit ". What is the term used for the sand when it starts to move southward? Mr. McAlpin replied, "It is near shore drift and in this County, the near shore drift is generally from the north to the south ". Mr. Burke stated, "The south beach area always appears very healthy to me ". BUDGET SUB - COMMITTEE BUDGET RESOLUTION: NON -AD VALOREM ASSESSMENT 6218 Pelican Bay Services Division Board October 7, 2005 1612 C 4 Mr. Sutphin stated, "As mentioned earlier, the Budget Hearing to approve the Resolution (The balance of Mr. Sutphin's comments are inaudible on the tape due to other members personal conversations). It took about a minute and one -half to get it done. UNINCORPORATED AREA GENERAL FUND LEVY (MSTU TAX) Mr. Sutphin stated, "Last month I pointed out the Unincorporated Area General Fund Levy or MSTU Tax, that all of us pay, is approximately $400.00 for a home with a taxable value of $500,000 ". This is for the base level of services that Mr. Spanier alluded to earlier. It has been pointed out that areas where we provide services, not necessarily incremental to what the County does, but in the case of landscaping, we do all of it, that there are probably areas where we are paying twice. Mr. Petty feels that we have the potential to possibly negotiate some tax relief with the County in those areas. Mr. Petty has volunteered to identify the people with whom we should talk and I have offered my availability to go with Mr. Petty to try to get that done. There is no guarantee that we are going to get anything, but better to have tried than not. Mr. Carroll stated, "I applaud that ". I really think that there is something there, but I am not going to be overly optimistic. Mr. Sutphin replied, "You never know, but if you never ask you are going to never get ". At least we are going to ask. Mr. laizzo stated, "If that fails, we could ask the County to fulfill their obligation and come in here to do some work and we will supplement them ". Mr. Sutphin stated, 'We will consider that, but I would rather try the negotiation first ". If that fails we will try something else. PRELIMINARY FY 2005 YEAR END BALANCES Mr. Sutphin stated, "The following is a very quick look at where we ended Fiscal Year 2005, which ended last Friday'. These are not final numbers. The key numbers are the two numbers that say we under spent the budget, in our operating area only, by a little over $300,000. We under spent the projected spending, that was forecasted at the time the Fiscal Year 2006 budget was put together, by approximately $100,000. 1 would say that we have a potential hard 6219 Pelican Bay Services Division Board October 7, 2005 1612 C 4 spot in the Fiscal Year 2006 Budget of $100,000 in Operations, without getting into the details of the audited statements, which we will have next month. Mr. Sutphin stated, "We may need to shift things around to deal with Oakmont Lake and maybe do something with beach renourishment, based on the comments that were made earlier this afternoon ". Mr. Sutphin stated, "These numbers are preliminary and they only deal with operations and not capital programs ". Mr. Domenie asked, "Do you feel that this is due to our mistake in preparing the budget and overstating our expenses, or were we able to save in certain areas "? Mr. Sutphin replied, "All of the above ". One my problems in dealing with the County budgeting process is that you can't add performance tasks in a budget. The system prevents you from overspending the budget; you just cannot do it. You can't write a purchase order or make a commitment to something that is not in the budget. Therefore, the budget, I think, is instinctively padded a little on the upside because you simply can't over spend it. Historically, we have under spent the budget by between $200,000 - $300,000. There is no real surprise to me in these numbers. I do believe that there is a lot of cost consciousness at the operating level and the moneys are prudently spent and they watch the pennies. You are never going to see over spending because, legally, it cannot occur. Mr. Domenie stated, "This will go into Reserves ". Mr. Sutphin replied, "It will flow into Fund Balances to start the new fiscal year ". To the extent that we are operating very tightly next year, because of spending down the reserves, I am pleased that we have an extra $100,000 that we had not counted on. Mr. Burke asked, "When are we going to start feeling the effects of the fuel increases, or are we already'? Mr. Lukasz replied, "We are already". Mr. Sutphin stated, "That is a potential hot spot in going forward ". I don't know how fuel intensive Mr. Lukasz' operations are, but it is going to ripple through and is something that is not contemplated in the budget. It is a good thing that we are perhaps padded in other areas. 6220 Pelican Bay Services Division Board 1612 October 7, 2005 Mr. Carroll asked, "Do you put contingencies in the budget "? Mr. Sutphin replied, "No, it is not allowed ". I would call it a mental reserve for contingency. There is no way to deal with it otherwise in the County system. Neither is there any way to deal with under spending in the County's system, incentives don't exist to do that. COMMUNICATING WITH THE COMMUNITY Mr. Sutphin stated, "This Board had been accused of ignoring community input ". I believe some of those comments may be well founded and some are not. We spent a fair amount of time at the last Budget Sub - committee Meeting, talking about the possibility of putting out a questionnaire and asking residents' opinion on certain issues. I introduced a very simple example of something we might do and that raised sufficient comment and desires to wordsmith that I decided that from my standpoint it is not worth it. What I would like to focus on is the development of the Services Division website, as an interactive communications tool with the residents. When we instituted paperless communications about a year ago, an applied commitment in that process was that every document, produced for and by this Board, would be posted to the website, so that anyone who was interested could go on line and read it. Until very recently, we have been remiss in not having the website capability to do that. Mrs. Smith has taken it on as a challenge to get the website fixed and up and running and she told me prior to the meeting that it is now fully functional, our budgets are up there and it is current. The next step is to make it interactive so that we can post news, artist's renditions or pictures of projected projects and programs that this Board is considering. Residents can look at it and will have the ability to provide feedback to this Board directly through the website. That is not to replace information dissemination. I do believe that the world is going on line and I think the website can become a very valuable communications tool for us. Mr. Spanier asked, 'Who would be the webmaster'? Mr. Sutphin replied, "I believe a combination of Mr. Petty and Mrs. Smith ". Mr. Spanier asked, "Are you in a position, within the time and constraints of your contract, to do that for us "? 6221 1612 C Pelican Bay Services Division Board October 7, 2005 Mr. Petty replied, "We have the capability ". The time frame has not been described yet, but could be something in the neighborhood of thirty to sixty days. Mr. Spanier stated, "I know you can buy that service for approximately $100.00 a month from commercial firms ". I am wondering if this is the best way of doing it? Mr. Petty stated, "If you see a system out there through our firm, or any of the providers of website design that you like, that is probably going to be of a lesser cost than an independently designed one that is one of a kind ". I can get economies if I can sell it to ten thousand people versus selling it to one. If you see one out there we can certainly do it. What we had talked about was bringing the website in- house. You asked who would be the web master, this Board would be the web master and they would direct staff on whatever they wanted placed, changed or deleted from that website. Some things like putting up a questionnaire is simple and is just a link to a pdf. You can actually have discussions on line, which is a little more complicated. There are other types of communications, some of which are easy, some of which are hard. All of these options are available, once you start the process to bring the website into your control, versus the Severn Trent server in Coral Springs or the County's server at their facilities. It gives Mrs. Smith easier access, so that she can manage it based on your direction and I can work with her as well. The main concept here is bringing the website under the direct control of this Board, by taking it off its' current site and putting it on an independent web host site, which costs approximately $100.00 a year. Mr. Spanier asked, "Do you have a number of these sites up and running "? Mr. Petty replied, "I have sites up and running anywhere from no cost at all, to where I will charge you $40,000 a year to design them ". Mr. Spanier stated, "Can you provide us with a names of some sites "? Mr. Petty replied, "The City of Weston is probably our high end ". That site is Westonfl.org, which is a high -end site that we have done. The town of Miami Lakes is another site at Town ofMiamiLakes.com and is a site that we have done for a governmental agency. When you look at the town of Miami Lakes, understand that some of it's communications devices 6222 Pelican Bay Services Division Board 1612 October 7 2005 are what you have asked for, but a lot of the links have been broken because people did start talking to them and the town did not know how to talk back. Mr. Sutphin stated, "We are still playing catch -up ". The website was so badly out of date that it still had the 941 area code phone numbers. More importantly, we were not fulfilling our commitment to have all of our documentation available to the public on the website. That part of it is now changed. Mrs. Smith, am I correct that everything has been updated? Mrs. Smith replied, "Yes, some of the files are very large and may take some time to open, but they are there ". Mr. Sutphin stated, 'We are working on that also, to make it faster and more user friendly and we will get better at it ". If the Board supports it, I think it is very cost effective to improve our ability to communicate with our constituency. Mr. Carroll stated, "I feel the need to get some help ". Mrs. Smith, are you the one that is going to tell us how to use this? Mrs. Smith replied, "There will be a web master and I will do the input ". Each Board member will not be working directly with the website. Mr. Petty stated, "What is being envisioned is that the Board would direct staff on what they are trying to achieve ". I will tell you from my experience what your options are on getting the results you want and the costs, if any, that are involved. From that, you would make your decision and we would implement it, as the Manager of the District, as long as Mrs. Smith could maintain it. If she could not, we would ask that she be trained so that she could maintain it. The whole idea is to make on -site staff as responsible for the content as possible, so that the updates can happen as quickly as possible. Whatever they cannot maintain at this site, Severn Trent does have an extensive IT department to assist. The problem with that is that they are located off site and the response time is not going to be as quick. Mr. Carroll stated, "If we wanted to use this to communicate with the people in Pelican Bay, that is a whole lot of people and the need for a database that would include all of the people ". 6223 Pelican Bay Services Division Board October 7, 2005 1612 C 4 Mr. Sutphin stated, "I think you are referring to assembling an email distribution list ". Over time we can try to do that and the website is a perfect way to have people sign up to be on an email distribution list, but I think that is down the road. By interactivity, I meant that if there is a questionnaire on the website with simple yes and no answers, the website can have the capability to tabulate those answers. It could probably not prevent someone who was aggressively pro or con, from going on line five hundred times and voting. It is not going to solve that part of the problem and I frankly do not know how to solve it. Mr. laizzo stated, "You can put your membership number in ". Mr. Sutphin stated, "That gets into another level of website sophistication, but it is certainly possible ". Mr. Petty stated, "There are issues there as well ". If they register to be on an email system, then it is to send them an email that they respond to. The responses back from that email are fairly reliable, but the on -site questionnaire you would have to take with a grain of salt, because the results can be manipulated by a pro or con who wishes to put in five hundred votes. Again, what we had discussed was a simple way for the residents to send a suggestion or a comment to us for consideration. That would be another item that could simply be put on the website. Again, you take all such matters under consideration with a grain of salt. Mr. Sutphin stated, "We have to walk before we can run and all I can suggest is that for those of you who spend significant time on the web and you see a website that you think is really neat, send the URL to Mrs. Smith and Mr. Petty". There are some really neat things out there. Mr. Carroll asked, "Do you need Board approval for anything "? Mr. Sutphin replied, "No I don't think we need Board approval ". It is embarrassing that we let the website deteriorate, shame on us and we are doing something about it. RED FLAG/GREEN FLAGS Mr. Lukas stated, `This is just a notice that we have had a Red Tide and that the County has assisted with the removal of dead fish on the beach" we had dead fish on the beach. 6224 It was about seven to ten days that 1612 Pelican Bay Services Division Board October 7, 2005 Mr. Burke stated, "As far as our beaches go, our efforts to clean the dead fish up were excellent'. Mr. laizzo asked, "Did our people clean the beach or did we bring in labor "? Mr. Domenie replied, 'The County cleaned it up ". CAPITAL PROJECTS IRRIGATION AND LANDSCAPE IMPROVEMMENTS Mr. Lukasz stated, `The irrigation system along Gulf Park Drive is approximately ninety percent complete and they only need to finish the control system ". They are in the process of putting in the configuration on West Boulevard. We just got started on some of the landscaping, so that is only approximately ten percent complete. You can see that the Sabal Palms have been installed on Gulf Park Drive around the bridge at Watergate Way. Mr. laizzo asked, "How much do we have left to do "? Mr. Lukasz replied, "Substantial completion should be attained by November 22nd and they will meet that deadline ". Mr. Domenie asked, "Does that include West Boulevard "? Mr. Lukasz replied, "Yes, all three roads ". OAKMONT LAKE BANK RETAINING WALL Mr. Lukasz stated, "Last month you had asked about alternatives for the Oakmont Lake railroad tie retaining wall'. Included in your package is a sample of a decorative block wall that can be used in that location. If we move forward with the retaining wall, it would be recommended that we do something with the sidewalk, along with the irrigation and landscaping. You would not want to go in and do the wall and then come back a year later and do these other items. I looked at some of the projects that could be moved to provide the funding for the retaining wall. We have the Laurel Oak irrigation and improvements scheduled for Fiscal Year 2006, along with the Systems I and II retention area improvements and that could be moved out to Fiscal Year 2007. We also anticipate, with the irrigation and landscaping being completed for the Capital Projects for this Fiscal Year, we will have approximately $200,000 remaining. If that 6225 C4 Pelican Bay Services Division Board October 7, 2005 1612 � money is carried forward for the Oakmont wall, the assessment required to fund it would be the same as we already had budgeted, by moving the other two projects out to Fiscal Year 2007. Mr. Sutphin asked, "If we do this, my rough calculation says that the well is pretty dry and we need help with another $160,000 for beach renourishment ". That is why I thought it might be smart to postpone the decision on beach renourishment until we saw this project. I do believe that if we want to do both, something is going to have to give. That is without assessing the merits of spending $500,000 on Oakmont Lake. I have a very bitter taste in my mouth on that subject, after the last time we contemplated spending any money on Oakmont Lake. Mr. Spanier stated, (Mr. Spanier's comments are inaudible on the tape due to other members personal conversations). Mr. Sutphin stated, "I understand that this level of expenditure has been discussed with the Foundation and they support it, is that correct "? Mr. Lukasz replied, "Not so much the expenditure, it was the design of the wall ". I talked to Mr. Kinney about it and he would want to get with his Board, but he was in favor of this type of wall. I did say that at the last meeting, this Board requested that we look at redoing the Oakmont Wall in Fiscal Year 2006. Mr. Carroll stated, "The basic question on the wall, besides do we want it, is the design ". You have all seen this sketch, how are we going to get public opinion on this? We are not going to be replacing it with railroad ties and we will be changing the design, which is what Mr. Sutphin was talking about. Mr. Domenie stated, "I have a couple of considerations ". This property does not belong to us; it belongs to the Foundation. The last time we wanted to do some work, we got a letter from the Foundation stating very clearly that our only rights on that property are an easement for water management. In the first place, I don't think we should touch anything unless we get some input from the residents. If this is not our property and we need money for the beach, it is Foundation property and if they want to improve it, so be it. I don't understand it; we ran into trouble the last time with the Foundation. If we need the money for the beach, I would rather see it spent on the beach and let the Foundation do this work. 6226 4 Pelican Bay Services Division Board October 7, 2005 1612 C4 Mr. laizzo stated, "The first thing you need is code enforcement ". Let them look at it and make a decision as to whether it is done this way or with the railroad ties. Mr. Spanier stated, "There are a couple of considerations that I would voice ". Despite the fact that I sympathize with Mrs. Johnson - Fogg's comments, I think there are some physical dangers involved in the condition of that retaining wall. There is a big can of worms, one being that the extent of the property lines of the houses facing Oakmont Lake, adjacent to the path and retaining wall, is a matter of great argument. The property owners along there have different opinions as to where their property ends and where the County's begins. The second issue is that when we started talking about the improvements to the retaining wall, we got into the whole question of widening the path, relocating the path and changing it from what was a rustic promenade into something much more imposing. I think we lost our way. I tend to think that Mr. Domenie's approach to trying to prod the Foundation into doing something about it, maybe with the assistance of the Oakmont Property Owners Association, might be our best approach. Mr. Carroll stated, "Mr. Lukasz has covered this with Mr. Kinney and then I followed up with Mr. Kinney going over some of the things that you mentioned ". We are all still feeling burned by that situation. I said that the last thing we need to do is to start something and then have the Foundation say we don't think it is a good idea, like they did the last time. Mr. Kinney was quite reassuring. It takes the Foundation Board to provide the reassurance and he readily admitted that and said that he would bring it up with his Board. As far as their support of it, I think that is going to be forthcoming. We are talking about design and other things that were very controversial the last time and where the money is going to come from. One thing that we have to remember is that we do all of the maintenance. From that standpoint, our overseeing the replacement of the wall has some benefits. If we are handling the contract and installation, that combination is the best way to go. That does not mean that the Foundation couldn't contribute to this fund -wise. I didn't get any positive response to that, but I did not push it. The question of some capital funding coming from the Foundation has not been approached. Mr. Lukasz, do you have any feeling for this? 6227 1612 C 4 Pelican Bay Services Division Board October 7, 2005 Mr. Lukasz replied, "No ". When I spoke with Mr. Kinney, it was to let him know that the PBSD Board had indicated that they wanted to look into the Oakmont wall again and to see if the type of wall, you have in front of you, was something that he would be in favor of. Mr. Kinney appeared to be in favor of this type of wall, but it is something that he would want to take to his Board. Mr. Carroll stated, "Mr. Spanier reminded us that there was some real concern about changing the character of the area ". Mr. Lukasz, are you saying that we should go ahead and do something about the walkway? Mr. Lukasz replied, "Yes, at the very least, we would want to overlay the sidewalk ". You may also want to consider making other improvements. There are brick pavers and widening of the sidewalk that were considered last year, but at the very minimum I think you would want to go ahead and overlay your sidewalk. You almost have to, because it is going to be damaged somewhat while we are doing the replacement of the wall. Mr. Spanier stated, "I think that is well said ". I have to link it again to this great overriding issue of annexation. As I read the Urban Services Report, Dr. Lee has stated that there are no needs that reflect on resurfacing, any maintenance or capital investments to the roads, sidewalks or any of the things that this Board gratuitously has taken the initiative in for years. The fact is that we have major resurfacing needs and you are beginning to talk about a $500,000 or more, capital project. That does not seem to register at all in the debate about what would happen in the event annexation moves forward. We know that the needs are very real. The Foundation apparently talks to you through Mr. Kinney, but doesn't recognize that there are just duties. It is a real puzzle to me. Mr. Nordhoff stated, "I think we are very vulnerable to criticism if we start doing much of anything ". If you say we do the maintenance, let's just do the maintenance and not do any capital construction, without the Foundation Board recommending what they would like to have. I too, am very leery from what happened before about the residents saying they do not like a stone wall. Why should we go through that again and why should we spend $500,000 when our only responsibility is to maintain the Foundation's property? Let's not spend our money on massive 6228 1612 C 4 Pelican Bay Services Division Board October 7, 2005 questionable improvements. Mr. Kinney will sit there all day long and take our money, but as soon as the neighbors get upset, he will walk away and we get the black eye. Mr. Carroll replied, "I understand your point ". The problem we are into, is that you say let's just maintain it and that would imply that we just go in and replace the railroad ties. We have been replacing the very bad railroad ties for the past year or two and we have reached the point where that is not going to work. If they all have to be replaced, you have got to have some design. Mr. Nordhoff replied, "Let's ask the Foundation to decide what they would like to have and we would consider the portion that we would pay for ". I think the neighbors and the Foundation should make a lot of these decisions. As soon as you do one thing, that leads to another and then you have to dig it up again for lighting. I realize that the wall is deteriorating, but I don't see a need for Mr. Lukasz to rush in there with a crew next week and start doing work, until we are sure of what the Foundation would like us to do and who is going to pay for what. Are they going to pay for some of it? We are being presumptive here. Mr. Domenie asked, 'Who is liable in the case of an accident there "? Mr. Spanier stated, "The Foundation ". I would assume so, since they insist they own the property'. Mr. Sutphin stated, "The replacement of that wall has been in our budget for at least three years ". Maybe it never belonged there in the first place, but the way this gets started is that when you replace the wall you are going to do damage to some of the other elements and, therefore, it makes sense that it is going to cascade. Of secondary consideration is who pays for it. Mr. Spanier stated, "It is not just a matter of payment, it is a matter of policy and responsibility and goes to everything we have been discussing ". Mr. Sutphin stated, "At a minimum, this Board should insist on a letter from the Foundation requesting us to perform the work ". Mr. Spanier asked, "How about a letter from us to the Foundation Board saying that a real and present danger exists on that path and we feel that they should take action to correct it ". Mr. Carroll replied, "I think that is a good idea ". 6229 Pelican Bay Services Division Board October 7, 2005 Mr. Burke stated, "I too remember that experience, but I guess if we went in there and shored up the wall and put in new railroad ties the residents would be happy'. Mrs. Rosalee Johnson -Fogg stated, "I did not want to raise this issue again and I wouldn't, because of the situation a couple of years go, if I didn't think something needed to be done ". Having been one of the people speaking against putting the pavers down and spending $2,000,000 and I walk that area every day, along with a lot of others, we were all saying we don't want $2,000,000 spent on our lake. We were not saying that that does not mean that the railroad ties are not to be replaced. There were several others at that and another meeting, who said the very same thing. There was a vote at the end of that meeting that said we are removing this section of the budget and what was left was for replacement of the ties. Now, for two years or however long it has been since that meeting, a bunch of us thought that you would be coming in with railroad ties and fixing the mess that we have. We didn't say that we did not want to upgrade the neighborhood; we want the neighborhood upgraded by replacing things that I consider to be maintenance items. This is the first time that I have ever heard that the Foundation is now in charge. I can tell you that if that were the case, I would not have sat here for the last couple of hours waiting to talk about this issue, if you are going to say that this is not our responsibility. I spent several hours here at a meeting on the same issue, where you were saying it was your responsibility and you were going to spend $2,000,000 to do it. As a resident, it is very confusing and nobody works together on these issues. You can't say that you want input from the population of Pelican Bay and when we think we have finally figured out whom to give it to, then it is not the right person. I do think you have a responsibility to work together with the Foundation to get the problem fixed, in whatever way works the best. I don't think you are going to find spending $2,000,000 is what anybody wants to see for Oakmont Lake. I live there and would love to see nice improvements made, but people want it to be repaired so that it looks presentable when people are walking. That is all I think anybody is going to tell you. You can do whatever kind of surveys you want and that is what you are going to be told. That is what they told you the last time. Maybe they were telling you that and you weren't in charge in the first place and nobody knew it, but somebody needs to take the responsibility. 6230 1612 C 4 Pelican Bay Services Division Board October 7, 2005 Mr. Carroll replied, "Let me clarify that ". We are responsible for the maintenance. Mr. Lukasz and his crew maintain that area. When we talk about replacing the wall, we then call that capital, not maintenance. If we could go in and just replace a few rotted railroad ties, that is maintenance and we would do that. The input we keep getting is that you can't just keep doing that. Mrs. Rosalee Johnson -Fogg asked, 'Why is that "? Mr. Domenie replied, "The bottom railroad tie may be completely rotted and to get to it you have to remove the top tie, which may also be rotted and you end up with a stretch of 100 feet or more ". You cannot replace one railroad tie at a time; it just doesn't work. Mr. Burke stated, "You came in here thinking you wanted new railroad ties (The balance of Mr. Burke's comments are inaudible on the tape due to other members personal conversations). Here we are today saying there may be alternatives. The fear I have is that we have a lot of people wanting new railroad ties, we have alternatives and at the next meeting we have Mr. Raia and his troops in here saying that we are not listening to the people, you are putting Miami Beach into our wall, like you did the last time. I want to be sure that you understand that nobody here is saying this is what we want to put in. This is being tossed out that there are alternatives. Mr. laizzo, a year from now, will beat up on us saying we didn't listen to the people. This is an alternative to railroad ties, should we figure out how to get this thing to the design stage. I don't want you thinking we are talking about putting up bricks and stone. Mrs. Johnson -Fogg replied, "Right ". My concern is that I think you will get some resistance from doing a wall like that. Now, it is not to say, the Foundation, since they are the one's in charge of it, couldn't somehow work something like that in. That should have been done a couple of years ago. At this point there are so many rotten railroad ties out there; you have kids walking on them, whether they should be or should not be, and the sand is washing out with the rainstorms we have. It is only a couple of spots and maybe you can replace the areas that support the big sand flow. Mr. Lukasz knows where they are because we have talked about it. I don't think you would get a good response right now in going back to the same place where we were before and say we are going to redesign the entire area. 6231 1612 C y Pelican Bay Services Division Board October 7, 2005 Mr. Burke stated, "Please carry the word back that nobody here is saying that ". Mrs. Johnson -Fogg replied, "I have not talked to anybody about it ". As far as I am concerned, there is no resistance movement. I am only pointing out that those areas are not being maintained and I am doing it strictly from a maintenance standpoint and not that we totally need to redo Oakmont Lake. Having said that, I do think that if it were promoted a bit better in the neighborhood, more people would use it. Given the response that you got the last time and I was on that side, I don't think we need fountains in the lake, we do not need platforms into the lake and do not need to spend $2,000,000 on this little piece of Pelican Bay. I have said that we probably need to spend $500,000 to make sure that it is a safe and pretty environment, like it was. Mr. Nordhoff replied, "It is a Foundation issue ". Mr. Carroll stated, "Mr. Lukasz, is it practical to go in and replace the rotted ties "? Mr. Lukasz replied, "No, there are so many that are rotted ". You can replace a certain section, but with the condition of the balance of the wall, it would not make sense. You need to go in and tear out the wall and replace it with a new wall. The wall that was presented to you was not chosen or recommended, but presented to you as an aesthetic long -term solution. Railroad ties are hard to come by these days because of the creosote. When you start to use pressure treated wood, it is not as long -term a solution as a decorative stone wall is going to be. It is portrayed in the picture with caps and you can make it to where it is not as decorative. Mr. Domenie stated, "This is not real stone ". Mr. Lukasz replied, "it is real stone ". Mr. Burke stated, "If we did get to the design stage, that would be the time to have a town hall meeting, publicize it to bring the people in to see what we have in mind ". ties ". Mr. Sutphin stated, "There are stone slabs available that appear as if they are railroad Mr. laizzo asked, 'What does the $513,000 represent "? Mr. Lukasz replied, "It is the retaining wall and the sidewalk ". 6232 1612 C ++ Pelican Bay Services Division Board October 7, 2005 Mr. laizzo asked, 'What would the figure be if you just did the sidewalk and replaced the entire retaining wall "? Mr. Petty stated, "Between last meeting and this meeting Mr. Lukasz has come up with some very rough numbers ". This does not include design, engineering and the "what if scenario ", because we don't know what the soil conditions are behind the railroad ties. This is a start number for your consideration. To even start, you are going to have to move items in your budget and we thought it would be best to bring it to your attention today, for you to understand the impact that is starting to build for this project. This is not a $500,000 project; this is much more than $500,000. To build a retaining wall without an engineer, you do so at a high risk. This is not a simple backyard retaining wall that you are doing for a planter. This wall runs along the side of a lake, there is water movement in this area and homes adjacent to the lake, where if you have erosion you have loss of property. To do this without an engineer working on the structural integrity of what you are building, I think would be a problem. Do consider design /build to cut your costs as an option you may want to consider. The number that Mr. Lukasz provided you is basically if he went out and bought the bricks and got day laborers to install them. Understand that we are bringing this to your attention because it starts moving from existing projects that you have already approved, into this and that you know that the budget is extremely tight this year. As Mr. Sutphin has said, we are dealing with very small amounts of money. Mr. Charlie Manning — Grosvenor — "The point that Mr. Sutphin made, is that we have an opportunity and we are talking about shifting money and potentially not putting another $200,000 into the beach, which benefits everybody'. I am concerned that before we shift money to Oakmont let's do the beach, because we have a one -time opportunity in ten years. You can do Oakmont six months from now, but you can't do the beach. You either do the beach in December or you don't do it. My emphasis is, let's do the beach, even though I live at the south end that is not going to be getting any sand. To me, the beach is an integral part of the value of Pelican Bay. Mr. laizzo stated, "The beach money is not being shifted ". Mr. Manning replied, "it is $200,000 and if you do this you can't shift it ". Mr. laizzo stated, 'We are not shifting any money'. 6233 Pelican Bay Services Division Board October 7, 2005 1612 4 Mr. Carroll stated, "I am not finished with the discussion, but I like the motion ". Do you want to talk about the motion or do we want to talk about maintenance? Mr. Nordhoff stated, "We are the grass cutters and this has gotten into a major problem where we need someone to engineer the project, then get it approved, which is out of our bailiwick ". We don't own the property. Mr. Carroll stated, "Now wait a minute ". There is a lot of property that we don't own, that is owned by the Foundation, that we maintain and where we have supplied the capital. We spent approximately $300,000 on the US 41 berm. We can do it, if there is some reason to do so. The bottom line is that the people are going to pay for it, whether they pay the Foundation or they pay US. Mr. Sutphin stated, "I agree ". I believe that because it is Oakmont Lake, I would personally like to see the Foundation tell us that they want us to do it, and then we can worry about how much it is going to cost and who is going to pay for it. Mr. Spanier moved seconded by Mr. Sutphin and approved on a vote of 711, with Mr. laizzo casting the dissenting vote, that the Board send a letter to the Foundation pointing out the condition of the retaining wall at Oakmont Lake, which we consider to be dangerous and requires attention by the Foundation ". Mr. Carroll stated, "I will take it upon myself to write that letter ". We need to go back to the maintenance problem. Mrs. Johnson -Fogg stated, "I have another question "? Wasn't there a $150,000 study done on Oakmont Lake? Was it the Foundation who did that study? Mr. laizzo replied, ` ?hat was our grandiose study". Mr. Carroll replied, "That is past history ". Mrs. Johnson -Fogg replied, "I know, but you are now saying that a study is needed to get the engineering ". I thought everything was done in that study that you paid $150,000 for, which started the whole Oakmont Lake issue. The Foundation was not saying let's redo Okamont Lake at the time and I don't think anybody was saying that. At the time, the same ties that are there right now needed to be replaced because they were falling apart. This is not a new subject; this 6234 1612 C 4 Pelican Bay Services Division Board October 7, 2005 is a maintenance item from the last five years. I have been living here for eight years and this has been on the books almost every time I have read about a budget for at least the last five years. I agree that I would like to see more sand on the beach; I don't use the beach regularly, but I think it all needs to be done. I think the residents in Oakmont stood up and said we don't need to spend everybody's money to get this area to look fabulous, we just need it repaired to a state that it appears as if it is in good condition. It has been put off and put off and can it put off another couple of years, sure it can. It is really going to look bad then and then you probably are going to have issues with there is no more sand holding up the ties, so we are going to have to bring sand in from the beach to make the ties stay in place, so that it is not on the sidewalk. I can go talk to the Foundation and believe me tomorrow I will get on the phone and try to call Mr. Kinney. Mr. Sutphin stated, "I don't think that you need to talk to the Foundation ". I can't speak for the entire Board, but this job will get done. Oakmont Lake is particularly sensitive because of what happened two years ago. For the record, it was never proposed to spend $2,000,000 on Okamont Lake. Mrs. Johnson -Fogg replied, "It was discussed ". Mr. Sutphin replied, "No, it was used as an example of what could be done, if we decided to make a significant capital investment and upgrade the community ". A terrible mistake was made in picking Okamont Lake to use an as a hypothetical example, with the emphasis on "hypothetical ". The community did not have the patience or the desire to understand it. Mrs. Johnson -Fogg replied, "I don't think that is fair ". I did a lot of reading on it and everything that you said and my take from it was that this was done with the intention of showing us what we could have for $2,000,000. The response you got, which I think was fair, was that we don't want to spend $2,000,000. Mr. Sutphin stated, 'We didn't go any further ". Mrs. Johnson -Fogg replied, "Right, the improvements have not been made either ". Mr. Sutphin replied, "That is a separate issue, because the Pelican Bay Foundation said, in no uncertain terms, don't tread on our turf and that is their turf". 6235 Pelican Bay Services Division Board October 7, 2005 1612 0 4 Mr. laizzo stated, "That response was to our attempt to spend $2,000,000 ". If we had been reasonable in our evaluation of that area, it would have gone through. Mr. Sutphin stated, "I could Monday morning quarterback and be very wealthy ". I see no point in that and we will get this job done. I think the Board is going to insist that the Foundation ask us to do it, because it is their land. Mrs. Johnson -Fogg stated, "I think that is a good idea ". I don't think anyone around the lake thinks this is a Foundation issue because of the way it was handled the last time. I don't think that anybody who lives around the lake would be going to a Foundation Meeting to talk about this, they would be coming here, which is what I did. Mr. Spanier stated, "I don't think you can speak for everyone who lives around the lake ". I also live around the lake and what has been forgotten is the emergence of annexation and who is responsible for what. We have become very sensitive to those things, which the Foundation is responsible for. Mrs. Johnson -Fogg replied, "As a member of Pelican Bay, I don't care who is in charge of this project ". I find it extremely confusing as to who is in charge. I finally thought I had figured out who was in charge of the Oakmont Lake railroad ties and if you are telling me that you are not, I am even more confused. Mr. Carroll stated, 'We are in charge of the railroad ties, but not in charge of replacing the entire wall, without the Foundation's thinking. Mr. Spanier stated, "You may insist that you are not interested in it, but those are the realities of the community that we live in ". Mr. Burke stated, "You do not have to go to the Foundation, we will take this from here ". Mr. Carroll stated, "First off, we will go to the Foundation and they are going to act as if they don't know what we are talking about ". Mrs. Johnson -Fogg stated, "I am very happy to make the phone call ". Mr. Burke replied, 'We will do it ". Mr. Carroll stated, 'We need to initiate that contact and we will do that ". I agree with Mr. Sutphin, we will fix it. 6236 1612 C 4 Pelican Bay Services Division Board October 7, 2005 Mr. Sutphin stated, "Just so you understand, if this was a simple maintenance issue and was a picket fence where some of the pickets were damaged and had to be replaced, it would have been done three years ago ". Because they are railroad ties and when it was built railroad ties were cheap. Mr. Petty stated, "They were free, we had them in the back lot ". Mr. Sutphin stated, "You can no longer not get the railroad ties and when they are removed there are engineering ramifications beyond simply replacing them ". That gets into the sidewalk buckling and, therefore, you have to do something about that and while you are doing that, if there are electrical lines underground it makes good business sense to take care of that at the same time and from there it starts to grow. Mrs. Johnson -Fogg stated, "Then I would suggest that the Foundation bring this issue up in the Pelican Bay Post ". We are not stupid and if there are no more railroad ties fine, but that was not the implication last time. Mr. Sutphin stated, "They also pollute the ground ". Mrs. Johnson -Fogg stated, "That needs to be brought up to the people, so that it can be read and the Foundation can receive comments back ". It needs to start now because pretty soon there will be no railroad ties left and then what are we going to do? Mr. Domenie stated, 'We are talking about railroad ties and I used 132, 6x6x8 boards in a project, which were then called railroad ties ". They were treated with something that was not creosote. If you look along Vanderbilt Beach Road at Bay Colony, their whole wall is made with these same types of boards. Is this something that would be feasible and something that you would approve? Mrs. Johnson -Fogg replied, "I don't know, but I will drive by and see how it appears ". Mr. Carroll stated, "That is a big engineering design problem ". You may say the railroad ties would work, but if you are going to go in there you should go in with a well- designed retaining wall. To go in and find some old railroad ties does not make sense. Mr. Sutphin stated, "It makes sense to put something in that is going to last fifty years and not ten years ". 6237 Pelican Bay Services Division Board 1612 Fm C October 7, 2005 Mrs. Johnson -Fogg stated, "I don't think anyone will disagree with that ". I am only brining this up because it has been a couple of years and nothing has happened. It is not going to go away and somebody is going to have to deal with it. Mr. Carroll stated, "We will get a letter off to the Foundation to find out their position on the issue ". Mr. Sutphin stated, "I would suggest that you strongly demand a response by our next meeting ". Mr. Charlie Manning — Grosvenor — "At the next meeting are you going to decide whether to add more money or stay with the $800,000 for beach renourishment "? Mr. Carroll replied, "No, that is a separate issue and I was about to bring that subject up ". I think we ought to consider approving $160,000 to increase the amount of money to be spent on the beach renourishment. Mr. Domenie asked, 'Where would we get the additional funds "? Mr. Sutphin replied, "Spend $350,000 on Oakmont Lake ". That is a phony number to begin with. Mr. Carroll moved seconded by Mr. Sutphin and approved on a vote of 711 to increase the amount to be spend on beach renourishment by $160,000. Mr. laizzo cast the dissenting vote. Mr. laizzo asked, 'We have $840,000 budgeted don't we "? Mr. Carroll replied, "Yes, now we have $1,000,000 ". Now we will be getting 36,000 cubic yards instead of 30,000 cubic yards of sand. Mr. laizzo stated, "Yes, but I don't know that it is necessary. Mr. Sutphin replied, "I don't know that any of it is necessary". SYSTEM III & IV RETENTION AREA IMPROVEMENTS — TEST AREA Mr. Lukasz stated, "There is nothing new to report on this project ". Mr. Domenie asked, "There are still some flags in the area, are you still planting "? Mr. Lukasz replied, "We still have some fern and Cord Grass to plant in that area ". 6238 1612 C 4 Pelican Bay Services Division Board October 7, 2005 Mr. Carroll stated, "That committee which Mr. Lukasz and I are on and to which I am going to appoint Mr. Petty, will meet again when Mr. Lukas tells us that the test area is ready". COMMUNITY ISSUES US 41 STREET LIGHTING Mr. Lukasz stated, "County Transportation is working with FDOT to get the authorization for the funds ". I talked directly with FDOT and they said the funds are put aside for this project, but that the Federal Highway Administration has new administrative procedures that have to be followed in order to get the authorization to proceed. Mr. Carroll replied, "Bureaucracy at work ". SIDEWALK OVERLAYS Mr. Carroll stated, "Everyone has read about the overlays, so let's move right along ". Mr. Lukasz stated, "There was an existing contract that could have been renewed for the paving ". At the last minute the paving contractor would not renew his contract, based on the increased fuel costs. The contract has gone back out for bid and will not be in place until mid - November and the work is being scheduled by quarter. Pelican Bay will be included in the first quarter's work. Mr. Carroll asked, "Mr. Lukasz, didn't you get an estimate for this work to be done, independent of the County'? Mr. Lukasz replied, "Yes, with the secondary vendor, but that was under the old contract as well and would no longer be in effect, especially with the increased fuel costs ". Mr. Carroll asked, 'Was that cost approximately $30,000 "? Mr. Lukasz stated, "Yes, approximately $34,000 ". Mr. Carroll asked, "Suppose we asked you to get another bid and if it is in that range, do it ourselves "? Mr. Lukasz replied, "It is probably going to be quite a bit more than the $34,000 ". In paving you have transportation costs, plus the product is petroleum based, which will drive the prices higher. Mr. Carroll asked, "Mr. Sutphin, could we fund $50,000 to get this work done "? 6239 1612 C 4 Pelican Bay Services Division Board October 7, 2005 Mr. Sutphin replied, "I would love to say yes, but I think we are very tight ". Mr. Lukasz, are you talking the first quarter of Fiscal Year 2006? Mr. Lukasz replied, "It will probably get awarded in November and they said they would put the Pelican Bay portion of the work in the first quarter ". Mr. Sutphin replied, "I don't think we can get it done any quicker ". Mr. Carroll replied, "I don't think we can either, but I am not sure we can believe it is going to happen ". Mr. Sutphin stated, "This is almost as old as the Oakmont Lake issue ". Mr. Burke asked, "Mr. Lukasz, are you aware of any activity that the County Administrators have taken recently concerning the roads in Pelican Bay'? Mr. Lukasz replied, "Mr. Kinney called me about that a couple of weeks ago and I pulled up the Board Agenda ". There were a couple of areas, along the south side of Vanderbilt Beach Road and Hammock Oak Drive that appeared where the original owners were dedicating pieces of the right -of -way to the County, that had never happened. HURRICANE CHARLEY STORM DAMAGE Mr. Lukasz stated, 'We still have not seen any of the funds and are still in the review process ". Mr. Sutphin stated, "I heard on the news last week that the County got their check ". I was going to ask where is our check? Could you call and ask? The information that Collier County received their check from FEMA was on WINK News last week. COMMITTEE REQUESTS FUTURE TOWN HALL MEETING(S) — JOHN DOMENIE Mr. Domenie stated, "In the spring we talked about the possibility of Town Hall Meetings to air questions relating to annexation and how that would affect us ". Mr. Carroll stated, "We don't have time to cover that right now". AUDIENCE COMMENTS There were no comments from the audience. ADJOURN 6240 Pelican Bay Services Division Board October 7, 2005 1612C4 There being no further business the meeting adjourned at 5:30 P.M. James Carroll, Chairman 6241 1612 C 4 -_- .a 40 E o ' a L E 9 o V C O V cn _ ow ._ E L ,C V 4w = 0 m .� -_ Li L ' � fa L C E LM o O V . a = ,.� = i L a V N 41 O •_ m s. I V V Z two I 0 z 1612 C 4 .a 40 E E L E 9 o V C O V cn ow ._ E L ,C V 4w = 0 m .� -_ Li . a C C E LM o O V . a = ,.� t; Lon '- p1 V N 41 O •_ m s. V V Z 0 z O fl. ce O V O V R m fQ V -i- i i i I i I i -i- i I -i- I i I I E O CL E Ell �-T .__ L 4w C f-1 Q M m� E� a� -a U E > aj 2 c O_ u cn c cw cn OQ !.e L o0 >,c co -D Co p E "0 U a� p co H a 0 1612 N>�ccocnNNNL O Tam C. o�+� -+.N � >Lr:c na- cv�oEc - t°vfO °o�•�.ocp -ono -a o in•L L- Ac���2o•�ccn =3 `' -�°oo °poa (n CD: ro coo E V�.c 'pcZlnfp:FO��fo .� O f.- M p U ,- 70 O_ 0) E Z' =u N V c a N o co = co C31 0 c = U �- cn -cLLEwL- °- - wotf � &-�UQ�OO� -0 p o c N 4-+ O. m C� ntn. DO1 .� L E-p p O O �p°-f°�c�!�cnro— �a-:E 0� -02 E� Ec p -a lm" •- �� OcOcn Coco O (nM po co — Fes-.n uU- 2,cn. c rn co �3 M-0 c: CU Cv , CL b V co E '�fo co a) c aU �p-0 2auo (u .c' c p ��— comic"- cow OoCcnp4 -;"a" 4-m Umcu. cu.-pc'nv mod. cn O ���, O a�E�•��m me :cu o co co -0 U p � E VV -0 EuUc w0a)coa)cop roc =E -aV -a fl.V N 0 0 N a; 0 Ed- C 4 N CIO w(nN -0 OC:a� __��MC 3: Eow Eo� O fa V C a)1 W� •r, cvcaOON O �.���U- a..IO.r M c_On pE cn � -0 u ara_ ry E c >cn��0 �oa)c �>. i> ) C :E cn fy 0 fu cn4-+ >, M N CI-+ 4 V) U) 4-J � cn C: a- c C7cpO�� L- m u Q4w'Nm M O w C O � ca C — � 4-J C fQ C & cnm 1612' M 0 0 N O� 0 r! I -i- I V � 1 ' I i p ce: V I 1 t0 N CIO w(nN -0 OC:a� __��MC 3: Eow Eo� O fa V C a)1 W� •r, cvcaOON O �.���U- a..IO.r M c_On pE cn � -0 u ara_ ry E c >cn��0 �oa)c �>. i> ) C :E cn fy 0 fu cn4-+ >, M N CI-+ 4 V) U) 4-J � cn C: a- c C7cpO�� L- m u Q4w'Nm M O w C O � ca C — � 4-J C fQ C & cnm 1612' M 0 0 N O� 0 r! 161 2-C 4 �a o -j It C E� o oQ .I..a c11 L ry V � Oro I C V u C: •� N N ro X c) O O IL O ate.+ L v_1 (� i a.-+ r / L a M c O U �-' c L O a) O (1) I E a-' ro ■�■■� IMMOMM O V U) = O � W O LA O . I V � O fo � Q) I' N fo U m "0 O fo 161 2-C 4 �a o -j It C E� o oQ V u � � C V u C: •� N N ro X c) __ O O ate.+ L Q L a 40- O U �-' c L O a) O (1) t a-' -p O U) _ O O . L n- N d 'O C p� fo Q) N N fo U m "0 O fo V Z O w � C O (7 O V Q fo a) 4i 3 C a.., O �e C m O N E O_ E nz u L- 0 � 'Cf o CL N Q N C= O LJJ Q. N L FBI 01 (d L I O C .5 � a �' a� � l!) z a Q� o i, 110 O 0 D.E 0 5 LL N a� 0 z co 0 0) 00 It O 0 69�60N9 It O ((0 0 ' 609 w a) (D r- M ffl 69 69 O O 0) 00 1612 C 4 M000M 0 � W V NN _ r uQ O O N 69 M Oa I 00 1 ID It (0 4 I � O a 1 Z Lo 0) I ma 60 flN ww � 6q 69 (0 60 � 44 ' J 69 la N I � CL V Z V W x i d 0 c N c 3 W 0 US N 5 R ' Q c U N 'j Q Ln LL i WWI x mw +'cA °'w I Q H O dram III E�a� 0 W *1 0. Ea0U �aOU W ° u U) LL cn I 0 ! m co 0 0) 00 It O 0 69�60N9 It O ((0 0 ' 609 w a) (D r- M ffl 69 69 O O 0) 00 1612 C 4 M000M 0 0) 000 M((0 - NN 0) r I� 0 e� r- O O N 69 M 'Y I 00 I� It O to ID It (0 O 0 N(0 r- O 01 00 rl 00 Q � Ifl 0) r(00 d0� 60 flN ww � 6q 69 (0 60 � 44 ' 6s 69 la to NmIt q-- 0O- 60 � bq P- 0) o00 Eta 0 0000 0 N0 M((0 - N 0) v_ CO 0 .- T- to 00 (No CD (D69M N000MM 00 tl O Ln 69 (fl % I- % 69 to NmIt q-- 0O- 60 � bq P- 0) o00 Eta 0 0000 0 M N M � t+ oNor- o -Ov- (No CD (D69M 6th 00 In 00 0 N It 0 69 T- 69 m� ei Gi co N 69 69 0 M 69 6. 0 0 0 0 O O O t0 d 0000 t+ oNor- o -Ov- 0000 6th 00 In 00 tl O Ln N M In o0 (D 0 N(0 AO — m� ei Gi co N 69 69 0 M 69 6. 0 0 0 0 O O O M 0000 oNor- o -Ov- 0000 6th 00 In 00 tl O Ln N M In o0 (D 0 N(0 AO — W 0 N 0 N CD WN r(00 d0� 60 flN ww w 6q 69 u9' 64 N N F" v,0 m 3 u,0 NO d 0 c N c 3 5U O) p Q c US N 5 R ' Q c U N 'j Q G 0�Wa L m�wa D c �0UJ 0 x c aw x mw +'cA °'w cam. c cr �c- J .0 dram III E�a� �,Q)�a *1 0. Ea0U �aOU 3 u U) 0 0 LQ W 0 a ui M M N u� N N OD (0 N 0 N �0 v c 0) a x W rn c �LM u a 00 0) 00 (V A J � a N a\ 0 � O � Z � 0 0 z 1612 --C 4 N 1_--- C r> q�pp NOC> CS7 OO O - r C C> �- C.C> P_ v � CO OS L_ - G`�> 1 � _ I I p L n L2 GC7 Gam? O C3'> I C._.v Cif N N L -11 CSC N C" - C -- � I c 1 LL' ti O r_ CA= a M N N ff} 1 C� C37 Lr9 CT> L.C> C, > C 4 - O N N CS> r- N I 4 Lx-> ULM O I O OO OO "-'> M O M I O M M r__ L-C� O d7 GL> N I � C L I V I _ L°_ a: o g O N N ti `d I C N M N -- I W , O O as U o -%-- CIO cj > .,— C� a <" C CX3 CIO O V> C" CX3 cv 42A vo W � Cu U Cl> C C=" cv CIO FE? CIO M N O O N N N O 21 ,O 4� 1612 C 4 fA � p V V C: � . V .i O p = V ' � O CD m � N --- 3: >- i ' ,O 4� 1612 C 4 v N O cn V L U O Z 0 0 N O� O O O rA p V fu C: � . V O 3: >- o ' E •- :3 E o o �-0 V O O � 4-J 0 fu fu O -0 CU .V N fo a-J �MA -0 ■ � OO W L LL �M fu W v N O cn V L U O Z 0 0 N O� O O O rA ■ ■ r� V O O N � c O C � C) it U- =3 �N m �E O 0 Q) > Q) 4-J O O .� O .E- N I1 O O :3 E �P-0 � O M • 1612-C 4 I c � V _C- 1 10 i I E- p = V m ' O . O •� ■ I ■� 1 CP O M� ■■r O N --- I u. I ' ■ ■ r� V O O N � c O C � C) it U- =3 �N m �E O 0 Q) > Q) 4-J O O .� O .E- N I1 O O :3 E �P-0 � O M • 1612-C 4 .. 0 0 N a, a� a� 0 ii c > _C- O . •� fu C �. c -a can •� -p Mn � � cOp � E v Q) fd � E Q) ,O rCCo �- E O L C Q C m C O O O Q. O U .+..+ C i C 61 O s✓ U O .4-+ O E p Q) cL C Q) � U V tom. .��.+ p 4; •N .� L fo ch > U U O� V X :3 Q) t Q) N — w 4-j O u ca -p t m X 0 O cn i C E N -p Q) -O f � 'd c''-n v o 0 °- () •� — O N W" O � O •X a Lnn fl. a- - Q) .. 0 0 N a, a� a� 0 ii O E O= V � O cn O c N ULM I I 1 I I I 1 I I I I I i I 1 1 I fu >. �C: E -0 fo O fo .� U N L > V T) t U O > > O � u U m O ,O V) N C ru O O N a.d - a..+ ' U L 01-C C tf >� � m O O C 4-J U O C > :n • 1612"C 4 -0 c =3 �ro �0 o .0 E N ISS C O O U) .5 O L (d E 4.J -� � � 0 Q 0 L � � X C N N � O p0 cn N Q O O > O .61 m C L -.O & O O O ' 5. N 4- C O (n E Q m L N N � p1 > C O fu 0 Q u C a41 O OO i O -0 � fp -0 C 0 p f0 i> (� C I-1 M C O u E V CC C C > p t O 'cn Z U N .E � m 0 Lj u O C O > C 'C C U NULL • 1612"C 4 -0 c =3 �ro o .0 C O O U) .5 C C 4.J 0 X C N N � O Q O > N 'in C -.O O N. fo L- N 4- C O (n E m L N L- CD p1 > C O fu 0 Q C a a41 O i O -0 C 0 p �• E p C I-1 M C O u E V N o oC • Z 'E O a E� v� c o a� E CD � Co �O I I 1 i 1 i I 1 i 1 i I 1 _i. 1 I 1 o .s L- 2""C � tf � :3o�o 4-) B 0 CLc�c ~ -0 .� CL :3 =3 . cn �CLC. a U O O U U 4-J '0 .c N 4-J O -a c N E Ln 'o O Qo Q C U Q O E N v N -a C m of C y` O -d J ro a� fo _ O fn c m �-. +.+ m : c _0 a. o°) .0 -1 '� 0 c' crna CU CL� fo a) E U c -fv u C o 'C E .°n o C N cn O O CD M C f fu C fu m -L .i a (� C O 00 fa C � U U C fv 'a C C 'C_0 m. O O ^ V •�, fo fo =3 =3 ~ -C fu O C a) N N O O ate-' O • U- L- C O 0 0 a fo a o. N E tY C I E C O ce L a U O • O OU U (1) Mn fo 13- 0 oC = • • 161 2""C � :3o�o 0 � ~ -0 ��--� :3 . cn a U O O U U C 4-J O -a c a Ln O N -a C C y` a� ro a� fo _ O fn c m �-. +.+ m : cn E o°) -1 '� c crna CU E U rn a) L 0 C O C �.., 'C E fll C N cn OL C Q 0 O •fn 'C O O (� C C fd .r- � U U C O ;1_+ cn O U Q •�, fo ~ -C +�•+ O C a) N N C E fu u m E C O 0 0 a a fo a o. N tY CL fv I I I O ce L a 0 Z 1612 C 0 E 0 CL z w v ch u c 0 a -C c+ Im m Um V O _ = W W ce L yam >o 0 i 3'a �c m C ° C0.L 4 U. - Lo 1612 C 0 E 0 CL z w v ch u c 0 a -C c+ E V O yam >o 0 3'a �c m C ° C0.L 4 La L - Lo L = El 0 Z 4 0 V O L CL M 40 M V I I I 1 I Q Los �E CL. 1 J 1 a•+ i o- O-0.2 •Z. a�1:a�i10 c +-� 'co — c ; 00-8 c: N a aWQ. c o 0Fc' 9� u .— :2 c= L �^,•� SO L 0 �aa- '' 5� i > O p U, ca p Ln 4-J _E'O�cnurul ~w vcb�� C: 1 . O �� p p. .0 0 0 '� 3z W cn ` fl. O �oo.�l„ o >a°t pi � � p + L � p " 0 0 WU o fl. C a- _ o�E�r°N Cif � � ii cv p ~�cn W (av L CO � -0 °E--°� N 5 O > 0 -v � Z Ln 1612 -C N 0 z 0 C:) Q O C) z C \ Ln -a �I U 0 o o o moo rn rn o ° 0 -a a� >> :° o UEo cu o V a o o cv a m o H o c Z U o; O cU m Z cn 0 z V MW O LN CL m V I 1 I I I i i 1 I I I 1 I 1 I Q t!1 4-J E 0 L E L Q 0 4-J LL C6 H H E B -�--i 0 E CL ' L 2.2 � M CD M C G V N m 0 C: C:o� cu E CU 0 O .� C °cu � - to L 0 f i— V ra N 0 Ln ,-a 1612 M FFj �n 0 0 N a� ru 0 ii ol N "G—q C O V I I i I I I I I = I Q� Ul 1612 0 �- & -� O U > 0 fl. 0 CL •� s O N ca O � ry -C cOn O LL -a O O N •O fu �O V-"O tj cn 4j2 •� N N _O LL Q-0 —_ O E � 0- C U- p. O U E ,4 C- .� ., O o C O �fa O ,N O t L- a O �a) cu O =3 C_ O =3 N f- C o 0 .� Q 'S v' C 3.. cn LL = 4.1 O ry L O C "d a) 'f D !E = am N C C 0 4-J C ci fo �.. N O O C ��- 0 z �40� S O E o Z7 O U N = O N .�.� CL E O O '0 C O fo fo � O U . fo u1 O N N •L cn �4 •C Q -c �-' O N O EC m ,.., U 0 'O Q F- 4-J M 1612 0 �- & -� O U > 0 fl. 0 CL ra -a s O ca O� LL -a O fu tj O •— E .O O O U � cn O U C- .� o -� �fa 0O ,N O t L- 0 CL =3 C_ =3 N f- C o 0 Q 'S v' 3.. LL = 4.1 O N •N o o = am N •i�-� C C O O y-- U 0 z C 4 IA O V I I I I I 1 I 1 I 1 I 1 I I {� L 1 o 1 3 1612 C 4 O O N N O 24 O L C = L f -a 0 L O O O O Q O'er O G O O O � O �- O O U U t ry ' L fa U .0 -0 `�- N O F- J-- N -v s O O vi . Mp p1�� O R3 Q. S O . p- - � O O U p L can � �- � X E GJ N 79? m•f N f Mn E c � `L- cn c U -a O N O O.. M fp �.�.i i -0 V O cam.-► C V .� U �N Q O O .X O O Q0-�,e � -w C. aJ fL2 F— N �c- 'X o .- O .O a✓ ��wc,- �m��0W c ~�U t N,V c w CL E i 0 N ate..+ (U!f R3 c 1612 C 4 O O N N O 24 W a� s N N ai s ? a C U c � t U N c N L W 1..I C (n L CD 3 O c " c O cM L L U N C � O C U .0 p L m= '0 O m c cn c �O c c U m y U o U) L 7 O U) c C L V C 0 O a� V G c p O t0 a m EE U U 00 CO N 69 V O O CO C14 m N co bFi C ad CD 0 I a1 i iQ O C 06 {V a+ Q m (d L c C � vi O O CD C C (D I 0 0 vi CO CO O � V cg V V U Lu i � = N o c c 2 cco c I a _`3Ud in UU I W a� s N N ai s ? a C U c � t U N c N L W 1..I C (n L CD 3 O c " c O cM L L U N C � O C U .0 p L m= '0 O m c cn c �O c c U m y U o U) L 7 O U) c C L V C 0 O a� V G c p O t0 a m EE U U 00 CO N 69 V O O CO C14 m N co bFi C ad CD 0 C CL O C 06 {V a+ Q m (d L c C � CD `'o2 O O CD C C (D 0 0 vi CO CO O cg V V U Lu 69 � CD a) E QE U 0 0 CO N N to COD C N r In O E9 ER � O O M M 641- 6R 0 LO M O Cn r r O 1612 C O U CU CU E U) O t 12 c E =3 a� L L N c 0 (1) E t o W) U) Cu ift W O f4 O cc E U J E C C N C = O L c U. Q. .r 'R ~ W W LL. LL C 0 c E m p- N N U L V N CU c E o m 3 Q Q z C� 0 CL 06 Q m C � O O CD C C (D p a o CL V V U Lu O c _, J w- C', 0 c N o c c 2 cco c N a _`3Ud in UU 1612 C O U CU CU E U) O t 12 c E =3 a� L L N c 0 (1) E t o W) U) Cu ift W O f4 O cc E U J E C C N C = O L c U. Q. .r 'R ~ W W LL. LL C 0 c E m p- N N U L V N CU c E o m 3 Q Q z C� 1612 C 4 ORDINANCE UPDATE November 9, 2005 I have made the two changes in the Ordinance that we discussed at our last meeting. They are: a) Section 4. page 2. added in line 3 purpose of providing "a broad range of community services such as" street lighting, etc. b) Section 8, page 3. added the wording in line 30 that was used in the 2002 Ordinance referring to the balloting procedure starting with " as outlined herein" I did add one sentence at the end of the paragraph because I felt there was no procedure to follow if there was no one on the list or if there was a list but no one interested. I would now like to have Board approval and will so move after we discuss. If the Board approves, I will review briefly with Commissioner Halas and then follow the procedure required to have it put on the Board of County Commissioner's agenda. This could be at their November 15` or 291h meeting. Jim Carroll 11 -3 -05 1612 C q 1 ORDINANCE NO. 2005 - 2 3 AN ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE 4 TAXING AND BENEFIT UNIT; SETTING FORTH THE BOUNDARIES OF THE 5 UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING 6 FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF 7 EXPENSES, TAXATION AND ASSESSMENT RATE; PROVIDING FOR TAX 8 AND ASSESSMENT IMPOSITION AND COLLECTION; PROVIDING FOR THE 9 CREATION OF THE PELICAN BAY SERVICES DIVISION BOARD; PROVIDING 10 FOR COMPOSITION, NOMINATION AND APPOINTMENT; PROVIDING FOR 11 TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO 12 ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF 13 PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; 14 PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THIS BOARD; 15 PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING 16 FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT 17 PRIOR TO INITIAL IMPLEMENTATION OF USE OF TAXING OR ASSESSING 18 AUTHORITY; PROVIDING FOR REPEAL OF ORDINANCE 2002 -27AND 19 PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF 20 ORDINANCE NOS. 78 -67, 80 -53, 82 -122, 85 -9, 86 -29 AND 88 -35 RELATING TO 21 STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY; 22 PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE 23 CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE 24 DATE. Rxi 26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 28 29 SECTION ONE: Creation of the Pelican Bay Municipal Service Taxing and Benefit 30 Unit. 31 32 Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88 -23, the 33 Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit ") is hereby created for the 34 purpose of providing community services such as street lighting, water management, extraordinary 35 law enforcement service and beautification, including but not limited to recreation facilities, 36 sidewalk, street and median areas, identification markers, and the maintenance of conservation and 37 preserve areas and the restoration of the Mangrove Forest preserve. 38 The purpose of this Ordinance is to update and clarify the prior ordinance. 39 SECTION TWO: Boundaries of the Unit. 40 The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes 41 those lands as described on the attached Exhibit "A" and as depicted on the map attached hereto as 42 Exhibit `B" 43 SECTION THREE: Governing Body. 44 45 46 The governing body of the Unit shall be Ex- officio the Board of County Commissioners of Collier County, Florida. 1 1612 C 4 1 SECTION FOUR _Purpose; Powers 2 The unit is formed for the purpose of providing a broad range of community services such as 3 street lighting, water management, ambient noise management, extraordinary law enforcement 4 service and beautification, including but not limited to recreation facilities, sidewalk, street and 5 median areas, identification markers, the maintenance of conservation and preserve areas and the 6 restoration of the Mangrove Forest preserve in the above - described taxing and benefit unit and to 7 that end shall possess all the powers to do all things reasonably necessary to provide such services. 8 SECTION FIVE: Annual Estimates of Expenses• Taxation &Assessment Rate 9 For the purpose of carrying into effect and the administration of this Ordinance, the Board of 10 County Commissioners shall annually, at the time required by general budgetary law, review and 11 adopt an itemized estimate of the amount of money required to carry out the business of the Unit for 12 the next fiscal year, which shall be from October 1 to and including September 30 following (the 13 "Budget "). The proposed Budget shall be prepared and reviewed by the Pelican Bay Services 14 Division Board prior to its consideration by the Board of County Commissioners. The budget shall 15 be heard, considered and adopted by the Board of County Commissioners as provided for herein. 16 The proposed Budget shall describe the purpose or purposes for which the moneys are required and 17 the amount necessary to be raised by taxation and special assessment within the Unit. At the time 18 and place for establishing the annual rate of taxation for County purposes, the Board of County 19 Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or 20 assessment a millage and assessment sufficient to meet the requirements of the Budget; provided, 21 however, the total millage shall not exceed the millage authorized by law for municipal service, 22 taxing and benefit units. 23 SECTION SIX: Tax and Assessment Imposition and Collection 24 Taxes and assessments herein provided for shall be levied and assessed, imposed and 25 collected in the same manner and form as provided for the levy and assessment and collection of 26 general County taxes subject to the same fees for assessing and collecting as general County taxes in 27 accordance with general law. 28 SECTION SEVEN: Creation of the Pelican Bay Services Division Board 29 30 Concurrent with the passage of the Ordinance, an eleven (11) member Board to be known as 31 the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are 2 1612 C 4 1 members of this Board pursuant to Collier County Ordinance No. 2002 -27 as of the moment prior to 2 the effective date of this Ordinance, shall continue on as members of this Board until March 31" of 3 the year in which their term would have expired as set forth in the prior ordinances, and shall 4 continue to hold over and serve in that capacity until their position is filled as provided for in this 5 Ordinance. 6 SECTION EIGHT: Composition, Nomination and Appointment 7 A) The PBSD Board shall be representative of the residential, commercial and business 8 interests, and landowners in Pelican Bay. To that end, nine (9) of the Board members shall be 9 representative of the residential interests within the Unit and two (2) of the Board members shall be 10 representative of the commercial and business interests within the Unit. 11 Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of 12 County Commissioners pursuant to the procedure outlined herein. The nine (9) Board members 13 representative of the residential interests within the Unit shall be residents of and qualified electors 14 within the Unit. The two (2) Board members representative of the commercial and business interests 15 shall be residents of and qualified electors in Collier County and whose business interests are located 16 in Pelican Bay. 17 Appointment of members to the PBSD Board shall be by resolution of the Board of County 18 Commissioners, which resolution shall set forth the date of appointment and the term of office. 19 Any member of the PBSD Board who ceases to meet the requisite qualifications during his or 20 her term of office shall immediately advise the Board of County Commissioners in writing of such 21 change in status. Upon the Board of County Commissioners receiving such notice, or otherwise 22 becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County 23 Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant 24 position with a person meeting the requisite qualifications as outlined herein: i) who continue to 25 desire to be appointed and ii) who, in the preceding recommendatory balloting received the greatest 26 number of votes among the unsuccessful candidates vying for the position (i.e. "Residential interest" 27 or "Commercial /Business /Other interest') which has become vacant. If there is no one on the list 28 who is interested, the PBSD Board will select a person and recommend appointment to the Board of 29 County Commissioners. 30 B) The terms and provisions of Section Six of Collier County Ordinance No. 2001 -55, 3 1612 C 1 titled "PROCESS OF APPOINTMENT" shall not be applicable to appointment of members to the 2 Unit. 3 C) All appointments of members to the PBSD Board shall be at the sole and complete 4 discretion of the Board of County Commissioners. Provided however, that the Board of County 5 Commissioners will take into consideration and give weight to the recommendations of the property 6 owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in 7 December and each second Tuesday in December thereafter, the Board of County Commissioners s shall publicly announce and advertise all expiring terms on the PBSD Board as of March 31 of the 9 following year and shall request that applications be submitted to the Board of County 10 Commissioners to fill the expiring terms. All such applications shall be submitted in writing to the 11 Board of County Commissioners no later than 28 days after said announcement as determined by the 12 postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of 13 all appropriately qualified individuals timely submitted to the Board of County Commissioners shall 14 be considered nominees for appointment to fill said expiring term. The Board of County 15 Commissioners shall then publish said list of nominees and the positions on the PBSD Board for 16 which they have been nominated (i.e., for the "residential interests" or for the "commercial and 17 business interests ") and deliver a conformed copy thereof to the Clerk of Courts (the "Clerk "). 18 The Clerk shall cause the name of each nominee as reported and published by the Board of 19 County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the 20 non - governmental property owners of the class (i.e. 'Residential or Commercial and Business ") 21 corresponding with the class for which the balloting is occurring ('Residential or Commercial and 22 Business ") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting 23 date being set by the Board of County Commissioners. 24 D) i. One (1) indivisible vote may be cast for each parcel in the Unit regardless of 25 the number of persons who have an ownership interest in the property or the manner in which title is 26 held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier 27 County and as approved by resolution of the Board of County Commissioners. Commercial and 28 Business owners cast ballots only for "Commercial and Business interest" positions and Residential 29 owners cast ballots only for "Residential interest" positions. Only one ballot shall be counted for 30 each parcel. If multiple ballots are cast for the same parcel by owners of record, all ballots for that 16 1 parcel will be deemed invalid. It is not the responsibility of the Clerk or the County Attorney to 2 determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described 3 herein. 4 ii. For purposes of determining record title owners of property entitled to cast 5 ballots, the listed record title owners of property as evidenced by the Collier County Property 6 Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed 7 conclusive. Not less than forty -five (45) days prior to the balloting date, the Property Appraiser shall 8 provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, 9 each parcel's identification number, the names of the property owners and their addresses, with said 10 list designating each parcel as either residential or commercial or business (based upon the Property 11 Appraiser's classification system). 12 iii. The mail ballots shall be cast directly with the Clerk. At the place and time 13 stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, 14 with the assistance of the County Attorney's Office, shall open and count the ballots, which have 15 been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner 16 which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any 17 member of the public shall be entitled to attend and observe. The determination of the Clerk and the 18 County Attorney of validity of any ballot shall be final. 19 iv. The nominee(s) receiving a plurality of the ballots cast in each category of 20 membership shall be deemed the successful nominee(s) and their name(s) shall be reported and 21 forwarded to the Board of County Commissioners. The Board of County Commissioners shall then, 22 at their next regularly scheduled meeting, make the necessary appointments to fill said positions. 23 E) The cost of the nomination and balloting process shall be borne by the Board of 24 County Commissioners. 25 SECTION NINE: Terms of Office Pelican Bav Services Division Board 26 Each appointment or reappointment shall be for a term of four (4) years. Each new term of 27 appointment will begin on the date of appointment and expires on March 30. 28 A member of the PBSD Board may be reappointed by the Board of County Commissioners 29 without limitations. Appointments to fill any vacancies on the PBSD Board shall be for the 30 remainder of the unexpired term of office. 5 1612 1 SECTION TEN: Removal From Office; Failure to Attend Meetings. 2 A) Any member of the PBSD Board may be removed from office by a majority vote of 3 the Board of County Commissioners. 4 B) Notwithstanding the provisions of Collier County Ordinance No. 2001 -55 as to 5 attendance, if any member of the PBSD Board fails to attend two (2) consecutive PBSD Board 6 meetings without a satisfactory excuse, as determined by the PBSD Board, or if a member is absent 7 from more than one -half of the PBSD Board's meetings in a given fiscal year, the PBSD Board shall 8 declare the member's seat to be vacant and the vacancy shall be filled by the Board of County 9 Commissioners in conformance with this Ordinance. 10 SECTION ELEVEN: Officers, Quorum, of Procedure 11 A) At its earliest opportunity, the membership of the PBSD Board shall elect a chairman 12 and vice chair(s) from among the members. Officers' terms shall be for one (1) year, with eligibility 13 for re- election. 14 B) The presence of six (6) or more members shall constitute a quorum of the PBSD 15 Board necessary to take action and transact business. In addition, an affirmative vote of a majority of 16 the members present shall be necessary in order to take action, except that an affirmative vote of 17 seven (7) or more members present shall be required to recommend the Budget for the Unit to the 18 Board of County Commissioners. 19 C) The PBSD Board shall, by majority vote of the entire membership, adopt rules of 20 procedure for the transaction of business of the PBSD Board and shall keep a detailed record of 21 meetings, resolutions, findings and determinations. 22 SECTION TWELVE: Reimbursement of Expenses 23 Members of the PBSD Board shall serve without compensation, but shall be entitled to 24 receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior 25 approval of the Board of County Commissioners, after approval by the Pelican Bay Services 26 Division Board. 27 SECTION THIRTEEN: Functions, Powers and Duties of the Pelican Bav Services 28 Division Board 29 30 The functions, powers and duties of the PBSD Board shall be as follows, and shall be carried 31 out consistent with the provisions of the Memoranda of Agreement/Letters of Understanding 32 referenced herein: Ce b C 1 A) With the assistance of the County Manager, provide input to the Board of County 2 Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and 3 Benefit Unit as set forth in this Ordinance. 4 B) Upon any decision by the Board of County Commissioners to dissolve, merge or 5 otherwise change or discontinue the functions or services provided by the Pelican Bay Services 6 Division, the PBSD Board shall be prepared to and shall aid, assist and provide input to the County 7 Manager and the Board of County Commissioners, within the time frame requested, in effectuating a 8 smooth and expeditious transfer of street lighting, water management and beautification services, 9 responsibilities and obligations to the Unit. to C) With the assistance of the County Manager, to prepare and recommend to the Board 11 of County Commissioners an itemized Budget of the amount of money required to carry out the 12 business of the Unit for the next fiscal year. 13 D) The PBSD Board shall recommend work programs and priorities to the Board of 14 County Commissioners in accordance with the adopted Budget or Budget amendments, which may 15 be adopted by the Board of County Commissioners in accordance with law. The execution of work 16 programs shall be the responsibility of the Pelican Bay Services Division Board to be executed by the 17 Pelican Bay Services Division staff with the assistance of any additional County staff needed in 18 accordance with the Memoranda of Agreement/Letter of Understanding. Said work may be 19 performed under contract (in accordance with law and County policy) or by County forces. 20 E) To enter into a Memorandum of Agreement/Letter of Understanding with the Board of 21 County Commissioners, and with the County Manager, wherein the parties outline that the intent in 22 the operation of the Unit is to allow the PBSD Board to exercise decision and control of the day to 23 day operational affairs of the Unit to the maximum extent allowed by law, unless and except when 24 there is some overriding governmental reason to do otherwise. 25 SECTION FOURTEEN: Duties of the Countv Manager. 26 The duties of the County Manager or his designee shall be: 27 A) To participate in the administration of the activities of the Unit in accordance with the 28 Memorandum of Agreement/Letter of Understanding, and the established policies of the Board of 29 County Commissioners, subject to the terms of this Ordinance. 30 B) To assist the PBSD Board performing its functions as defined by this Ordinance 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1612 C 4 including the preparation of the proposed annual Budget. C) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION FIFTEEN: Review Process. This Ordinance shall be reviewed once every four (4) years, in accordance with the procedures contained in Collier County Ordinance No. 2001 -55. SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or Use of the Unit's Taxing and Assessment Authority. Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the Pelican Bay Services Division Board and provide the public the opportunity to comment on the proposed Budget and the implementation or use of the Unit's taxing and assessment authority. SECTION SEVENTEEN: Supercession Repeal and Consolidation of Prior Ordinances. A) Collier County Ordinances No. 2002 -27 is-hereby repealed in its entirety. B) Collier County Ordinances No. 78 -67, 80 -53, 82 -122, 85 -9, 86 -29, and 88 -35 are hereby superseded and repealed to the extent same are either inconsistent or not harmonious with this Ordinance and consolidated with the Unit for the purposes of providing street lighting. SECTION EIGHTEEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 29 SECTION NINETEEN: Construction. 30 This Ordinance shall be liberally construed to effectuate its public purpose. 31 SECTION TWENTY: Inclusion in Code of Laws and Ordinances. 32 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 33 Ordinances of Collier County, Florida. The sections of the Ordinance may be numbered or re- lettered E 1612�C I to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other 2 appropriate word. 3 SECTION TWENTY-ONE: Effective Date. 4 This Ordinance shall become effective upon filing with the Department of State of the State 5 of Florida. 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 7 County, Florida, this day of , 2005. 8 9 ATTEST: 10 DWIGHT E. BROCK, CLERK 11 12 13 14 15 16 Approved as to form and legal sufficiency: 17 18 19 David C. Weigel 20 County Attorney 0j BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman 1612 0 Memorandum of Agreement/Letter of Understanding This is a Memorandum of Agreement/Letter of Understanding between the Office of the County Manager and the Pelican Bay Municipal Service, Taxing and Benefit Unit Board. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Thirteen of Ordinance No. 2005 - , the Office of the County Manager does make this declaration: 1. That the Functions, Powers and Duties of the PBSD Board as listed in Section Thirteen of Ordinance No. 2005- are a list of the responsibilities of this Board. 2. That the County Manager shall accept the direction of the Pelican Bay Services Division Board in its exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay Municipal Services, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2005- to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. That all ultimate administrative and ministerial powers, duties, responsibilities, decisions, and control related to the operations of the Pelican Bay Municipal Services, Taxing and Benefit Unit are appropriately retained by the Office of the County Manager, in conformance with County Ordinances 93 -72 and 95 -49 (Collier County Administrator Ordinances), under the policy direction of the Board of County Commissioners sitting as the ex officio Board of the Pelican Bay Municipal Services, Taxing and Benefit Unit. Entered into this day of , 2005 James V. Mudd County Manager Approved as to -form and legal sufficiency David C. Weigel County Attorney James Carroll, Chairman Pelican Bay Services Division Board 1612 � y Memorandum of Agreement /Letter of Understanding This is a Memorandum of Agreement/Letter of Understanding between the Collier County Board of County Commissioners and the Pelican Bay Municipal Service, Taxing and Benefit Unit Board. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Thirteen of Ordinance No. 2005 -_, the Board of County Commissioners do make this declaration: That the Functions, Powers and Duties of the PBSD Board as listed in Section Thirteen of Ordinance No. 2005_ are a list of the responsibilities of this Board. 2. That the Board of County Commissioners shall accept the direction of the Pelican Bay Services Division Board in its policy decisions relating to the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2005- to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. 3. That all ultimate policy making powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit are reserved unto the Collier County Board of County Commissioners sitting as ex officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit pursuant to Florida Law. Entered into this day of Fred W. Coyle, Chairman Board of County Commissioners Approved as to -form and legal sufficiency David C. Weigel County Attorney 2005 James Carroll, Chairman Pelican Bay Services Division Board 1612 C EXHIBIT A -1 Contract Amendment 02 -3411 "Management Services for Pelican Bay Services Division" This amendment, dated , 2005 to the referenced agreement shall be by and between the parties to the original agreement, Severn Trent Services, Inc., whose address is 210 North University Drive, Suite 702, Coral Springs, FL, 33071 hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": Statement of Understanding RE: Contract #02 -3411 "Management Services for Pelican Bay Services Division" The following changes to the above referenced agreement have been mutually agreed to by the Consultant, the Pelican Bay Services Division Board, hereinafter "PBSD Board "and the County: Section 2 — STATEMENT OF WORK. The Scope of Work for the professional services shall be modified as per Schedule Al -A, hereto attached and incorporated herein by reference. Section 3 — THE CONTRACT SUM. shall be changed as follows: The County shall pay the Consultant for the performance of this Agreement the sum of twenty four thousand dollars ($24,000) for the period of time commencing on January 1, 2006 and ending on December 31, 2006, payable at the rate of two thousand dollars ($2,000) per month, subject to Change Orders as approved in advance by the County. Section 9 - TERMINATION. shall be changed as follows: Should the Consultant be found to have failed to perform his services in a manner satisfactory to the PBSD Board pursuant to this Agreement, the PBSD Board may recommend that the County terminate this Agreement immediately for cause; further the PBSD Board may recommend that the County terminate this Agreement for convenience with a thirty (30) day written notice. The PBSD Board and the County shall be sole judge of non - performance. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant 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: Corporate Secretary/Witness By: _ Dated: Severn Trent Services, Inc. By: Title: Dated: ATTEST: Dwight E. Brock, Clerk Approved as to form and Legal sufficiency: Robert N. Zachary Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IM Fred W. Coyle, Chairman 1612"'C 4 1612- Schedule A 1 -A Contract Amendment 02 -3411 "Management Services for Pelican Bay Services Division" REVISED SCOPE OF SERVICES This Scope of Services addresses the duties and responsibilities of the newly titled Administrator of the Pelican Bay Services Division, hereinafter called the "Administrator ", formerly titled "Manager ", effective January 1, 2006. BACKGROUND INFORMATION Due to the changing business needs of the Pelican Bay Services Division, hereinafter called the "PBSD", it has been determined to be in the best interest of the PBSD and the County to modify the original duties and responsibilities of the formerly titled "Manager" position to more closely align with the current PBSD requirements. Since the PBSD Board acts for the Board of County Commissioners in the day to day operations, the title of "Manager" will now be more properly titled "Administrator" in accordance with the revised duties of the position. DUTIES OF THE ADMINISTRATOR The Administrator's duties and responsibilities include the following: 1) It will be the Administrator's main responsibility to implement the policies of the PBSD, as directed by the Pelican Bay Services Division Board. 2) It will be the Administrator's job to coordinate activities of the PBSD as assigned in an effective, efficient and professional manner. The job requires an individual who has an ability to conceive, obtain approval for and implement programs desired by the Pelican Bay Community as identified by the PBSD Board. 3) The Administrator shall work with the personnel employed by the County to perform the Pelican Bay work in accordance with all Federal, State and County laws, rules and regulations where applicable. The following lists the number of people employed: one (1) Superintendent, one (1) operations analyst, one (1) administrative assistant and sixteen (16) field employees. 4) The Administrator shall be expected and prepared to make recommendations on a regular basis for programs to improve the Pelican Bay Community. 5) The Administrator may be asked by the PBSD Board to participate in certain meetings, discussions, project site visits, workshops and hearings which pertain to the administration of the services being provided and report results to the Board. 6) The Administrator shall work with the Chairperson of the PBSD Board in the preparation of the Board's agenda for the monthly Board meeting and will participate in this monthly meeting. The Administrator will also work with Committee Chairs in the preparation of agendas and participate in the Committee meetings of the Budget Committee and the Clam Bay/Water Management Committee. 1612 C 4 The Administrator may be called on to provide assistance to any other committee that could be created. 7) The Administrator shall assist and cooperate with the Budget committee in the preparation of the PBSD's Annual Budget in accordance with County rules and regulations where applicable. 8) The Administrator will have an understanding of Florida County government operations, good management principles and skills, as well as some knowledge in personnel relations, public relations, accounting and computer software operations. 9) The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss performance. 10) The Administrator will respond to any requests for information or data from the County Manager's office. 11) The PBSD currently provides an office and staff for the Administrator in Pelican Bay, but is not contractually required to do so. W 1 6 12 C � 2 in W �Lm 8 - N m WN f M m w rj f N m LT —I I w W , a w " � g I r i w' w w �m I W �m w $Im E a w w' W a I g w rar N 92 ip a N L -m QI2 > h - Zm� ... dim a 2 W o,2 I I N po I a o CL o co C p y Q L C> CO L9 C C N N d m d w U a o b `o a y p R d ar S a C I ° y C" 6V oI = U ° � cC 2: m m m m CL Q g _ (n U)cra oairnoa inc�oo CD m C4 C14 2- E 1612 P. 1612 � Gerhard: I am soliciting input from the Pelican Bay Foundation regarding the increasing need to effect substantial repairs and improvements to the retaining wall at Oakmont Lake and the adjacent property. As you are aware the Pelican Bay Services Division has historically maintained the property around Oakmont Lake owned by the Pelican Bay Foundation. PBSD maintains and makes capital improvements to other lands owned by the Foundation. The extensive landscaping of the US 41 berm is an excellent example. Approximately 2 years ago plans to replace the retaining wall and effect capital improvements to the Oakmont Lake area became the subject of a major controversy due to an admitted failure to properly communicate with both the Foundation and the public as to the real intent of the project. The situation was further complicated by the Foundation taking a strong position which in essence forbid PBSD doing any work in this area without express approval from the Foundation. As a result no significant work beyond short term repairs to the existing infrastructure has been performed in the last 2 years. The replacement of the retaining wall at Oakmont Lake remains an open budget item with PBSD. Based on observations by PBSD operating management, reinforced by input from area residents, the retaining wall badly needs to be replaced. It is not only unsightly but is increasingly becoming a safety hazard. Unfortunately this is not a simple replacement program. The existing wall is constructed with railroad ties. They are not the best material for a replacement wall in today's world and, in fact, may not even be available. Cost effective replacement of the retaining wall will involve an engineering evaluation of available materials and the design of a proper structure for maximum life with no adverse impact on the environment and surrounding areas. Installation of a new retaining wall will cause damage to the existing pathway around the lake. There have been discussions about the desirability of widening and/or relocating portions of the pathway. There have also been discussions about surfacing the pathway with materials other than asphalt. When this project is implemented it would be cost effective to implement any additional long term improvements which are considered desirable for the area such as improved lighting, etc. Preliminary estimates of the cost of dealing with this project are somewhere between $500,000 and $1 million depending on the scope of the project and the magnitude of the desired improvements. Prior to the November PBSD Board meeting on November 2 1 would appreciate inputs from the Pelican Bay Foundation as to the following: 1. Does the Pelican Bay Foundation desire the Pelican Bay Services Division to accept responsibility for planning and executing a program to replace the retaining wall around Oakmont Lake. 2. If the answer to 1 above is affirmative does the Pelican Bay Foundation support including other Improvements to the infrastructure which make engineering and economic sense. 3. If the answer to 1 is affirmative will the Foundation commit to publicly stating, as appropriate, that this project is being implemented on Pelican Foundation lands at its request and has its full support? I believe this is essential to avoid a repetition of historical problems. 4. If the answers to the above are affirmative please designate a responsible person in the Foundation organization to act as Project Liaison Representative to give concurrence during the planning stage to ensure there are no surprises and second guessing as the project proceeds. 1612 C Assuming I receive your response in a timely manner I will include a proposal to begin planning for funding and executing this project in the agenda for the November PBSD board meeting. Thanks in advance. Chris Sutphin Chairman, Budget Sub - committee Pelican Bay Services Division Board 1&4`2f' C 4 From: Chris Sutphin [chris @cfsbbs.com] Sent: Wednesday, October 19, 2005 3:57 PM To: Gseblatnigg @aol.com Cc: KRK9563 @aol.com; Ruek7 @aol.com; raia @comcast.net; mlickhalter @comcast.net; Michael.J.Egan @Gmail.com; hprice @price - law.com; Jdooseusa @cs.com; lukasz k; John Petty; smith _b — Subject: RE: OAKMONT LAKE Gerhard, Thank you for your comprehensive reply. This project will be on the agenda for the PBSD Budget Sub - committee meeting on 10/26. We will present a recommendation to the PBSD Board at the 11/2 meeting. I will most likely recommend that the project be designed and costed in increments with the minimum funding required to replace the existing wall as the base and looking at additional improvements that it may make sense to consider concurrently in individually approvable pieces. Assuming the PBSD board approves the concept we will then address funding. It is important to keep in mind that there are no dedicated funds in the current year PBSD budget for this project. We can probably get started by moving some things around but the bulk of the funding will most likely need to wait until Fiscal 2007. Regards, Chris - - --- Original Message---- - From: Gseblatnigg @aol.com [mailto:Gseblatnigg @aol.com] Sent: Sunday, October 16, 2005 11:36 AM To: chris @cfsbbs.com Cc: Jdooseusa @cs.com; hprice @price - law.com; Michael.J.Egan @Gmail.com; mlickhalter @comcast.net; raia @comcast.net; Ruek7 @aol.com; KRK9563 @aol.com Subject: OAKMONT LAKE Chris, I am responding to your earlier email on this subject. I have discussed the project and your requests with the Board and this will serve as the Foundation's answer: 1. Yes, the Foundation desires that the Pelican Bay Services Division accept the responsibility for planning and executing the program to replace the retaining wall around Oakmont Lake. The Foundation wishes to be fully involved in the entire process. Of equal importance is the involvement of the community and I suggest you and I take on this responsibility. 2. The Foundation will review and, if appropriate, support other improvements to the infrastructure which make engineering and economic sense. 3. We will publicly support this project. 4. Merlin Lickhalter, a Foundation Board member and Vice Chair of the Facilities Committee, has agreed to represent the Foundation in this effort and needs to be involved from the early planning stages on. Please let him know who will be your representative. 5. 1 have discussed this project with the President of the Oakmont Association, who will support our efforts and will assist with necessary community involvement. I look forward to the cooperation of our two organizations in this important project. Gerhard fi le://C: \Documents %20and %20Settings\ smith_ b\ My% 20Documents\Foundation %20 -Oa... 10/20/2005 z 0 Z � Q > t/) W (� Z V > LU > w uj ce. LL 0 Q m V H W W ui Q F � CL W H H W x W Ln 0 N M w uj m x Fuj- W t/1 N Z W cl 0 w W CL 1612 0 0 N O M d! .0 E d 41 CL h 1612 C m J �� U) Cl ti C to E N Mn O c O pO It d N o 00 O 00 I� O c0 O to r m J co N �; 00 N 00 O `- I` N c h f-- rM N N (� N • i e- N Q H U) w 0) o c0 o o to I s- 0 r- M 0 N U) N r.- N M cD M Go N 00 0 00 0 0 O o�0 O 4fl Q= N N CD O N - I N M M O O O C%4 00 N O co Z . N M U >IW a�wa W N Lcn 0 0 N o 0 0 0 0 0 0 Co to O o 0 0 0 0 0 0 0,0 0 N Z OzC.)Z O W Z co >xw�' _ LU m 2 j o w m 0 m w tv z Q w a m o z w W W z� wZ - W W - °ol000,0000_ co io rn .- 0 0 _ o _ o0 o _oornaoo v O� to N C>C)0 p 0 °o 0 M >- > z Z a' O p F v N LO M N o M rn M LO ep r- ° i 4m � to M co •- N O' N to ri 'r cD Q Z0 W Q _ m N Of N N O� r N Lo Q O W W �.i LUz�m I"' 0 j = Z Tw0 a��Q, W > F- w ��� W �C/) U� Z m Q0 ca H LU xWI LL, (n 4, S U �� m H LU O Ja� Z NI - JQ V (Q,� i Z F- C Wpm W �UaW= �QX OMCnW iooZwtn Z osf = W W JZ WJZ'� m �mW LL I QJ a W w o ¢ J Of F'�'Q-Z LL CL w U. cn w� ¢ � _ ¢gym ¢ m I --QZ x A V w� >> Q (�IW �M W Z W ��Wuj ¢ZW (AZF- F- W��Ifn W QiSWW0Q � w W IW > W NZ�'W wawU)WHW U) U) ct 0 � W WLL J�N�WW LL X41- fAJ a�>��W WW� w M Of Z' J wcr(nC) Z a LL1 LLI LIJ NCO W w L�. CA(n!� Z z F- W cr o o Q JF n -�¢We' 'm W_ J Z WUr�a'�?zz¢� �W QF -> I-�W C— Z 11 -i--UU �� ¢ I-� ¢ Lo C7Wc1)UHCn 0 W'>WQWm �' ���o�cn�a W W I-- Z d 1612 C 4 co W J O O O r co c0 cD �— IN O a0 N O O CM CND N C.0 cD N CD O CD cD r- � to N c0 d co N co O N O co O M d O FJ- N r L .- CO T .- CO d O � r tri r- �- ' .— N a° r M 1 W O 0 M O 0 �— O 0 N r M r M O O N �— co d O CM O r O 0 O 'd_ 0 +— o0 CD r CO N O aA co to "t o pp O N CD Cp a) N L O O Q N WCM = O M I .N Q) r r M N m CO (D M M cD N M a) to cD M O CD O m to m ti N C6 �— M CO O M M N tfi O O r- to r N r W'Q_•—; awa �W j W O I O O O O O' Oi O O O O O M O 0 0 0 0 0 O O 0 0 0 ~ N W LO O N Z G,o W' Z 55 53 m j 5W�O= L Z as H CO) Z W > YW�M l) Z! W O LL _ W -- F W 000o o M 0 �— o a) p N tn000rn0oo00000000C> r O o N 0 o O M r- a) o tf) 0 0 0 0 0 0 0 0 0 0 oC)O 0 0 0 n W Z � (� M cD M N N o N .= .— ai co M r .= tC) .= �t r: O v `- O Co N C1 ill M LO CO 0 r: 0 M cD cf r- N r to r` o O r Z ~ G COD `— `— N M N ii > U. am Oai W W O u W JI a j > w ao j g j w z W N, j Z w j Z o ° ui I Z d U cQi�a w Z m�-� W W�XHW J(n w o(f) w 4 W wQ W W' (� �,�Q°°ww�W� U '�cozz W �U ma- OZ�zzl W � a�(nQ'�'��W -'J F- 't(DW W > z > ZQF- �� U azJ,z. x CiWlw- C)v wzwU�zWQwwi- O�Oa.i- }J'm;Dw= C7�ppaw CDzZ>o W z cn ww �,�w23w Qu) �g��zwVl�w��a -- Ozz QO�wUZ-��v W zI�W �.Zwe Z H ZQw�wQ�Z2 W J,z �_� W a O dLL 1��Qm�Z Q w WLLO �ZO?�QWQ�F -,Q�� -�wQ;W w�w� W F- WOJ!�W U�u)I- I- W� 2J'� W W� (AS'��zZ01- �I- f- Ua.WF -��Z LLQ 1612 � J O d' N O O COD co I _M 00 to �, M M N t() N o O� CD N to N O M M ti -- r O CD r .� r J a co I N M r N C d 'tt M c? cM N CO. Q Q .� W O N O chi CO a) O o to O O M O I - M In O- cD to C COW) tp 000 O O N N N "t O M tt O M -' N J Vi LLJ O r ch N O In r s- .- O �- st CD e- d M t'. O CN cD H m Z W �S- G T- a W Z W X 1 t/1 W 1 Uj'� N W o N N 0 0 0 Cl 0 0 0 0� 0 0 0 o o o o a co M O O UO O z 0 000 N a 6 W > COL. X W � � nG�v V �zIwU CL O w Y 11 D Z N LL W W 0 N 0 O O 0 o to 0 0 0 cc::), 00 0 O O 0 O N 0 o O to 0'O cc to O O O cD o`o o 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 010 0 Z Z Q. N CO O `- r N N st O O co O In C) •t o to 0 O N, 0 N O co nujw~ o aam Eo°� O a F O u2a.-i Lu Q J Q O W N U Z U F- ui W Z Q. Imo- ww � o E- _ �? w� W CL QU ngU0 azV) W � w W -- W IL �p UUz� �m�OC�W z �zzz WHO a'IX C)ZZ m¢'¢o W w W'WZ�ozz�z ZUwU)U)zz �_ woacc �' 01W - F-J—w Ij 0w�'iQwUUz ZF- ���-- ��UUpF Ozzz -F-�a' O'zZ�WUn'2VpW� 5RQW a od », Uzi w 9 W zJzF- —Y wQa W wmmzW2WOW�pmu)(.90KXWppa O C z U)< 8w OC- OZ rrW Nz'ZO -'-'W W O Z F- � F- W F- W F- W F- W— V�X F- LL1 — z Z Y' J' <C w W_ U Z�= %' O F- � J F- Q J a� J D'aQ�JJJJV-OF- <U) _Z <LL.LL.LLLL.OmOa�UJOOL)rLLW �UJwF -W OzJO'Z W W Of D D W z 1612 � J O CD CD I- O cV M r N 00 O o o 0 CD M CCD ta_ 00 rn LO CO 0 0 N CO co It 00 CO N CD O O O D a0 0 m Q �t c0 c0 N N `M •- ti ti N d N- 000 0p � e �t C MNI[� C0000u u) m N O O N ca 0 0 cD CD �- O C U) W rn N C) I-- V) o l 0 00 w � N Mao O J Lu � `-M cn o� H � 0)C ciCo Z uj icy M �- Q i W W co O O 0 0 0 O O O O O C N D O O ° O' O 0 0 O O ~ N 0 co Cl co Z L) M Z N z Z X ca W fq > Q a W W Z -I- �W - - -- - -_ 11 Z (' � W uj VJ o o° � O °o � c0_ pp o o °o � In M o° Lo O - °lop O O 0 0 00 Go aOp 0 0 n W _z d 0 tD N N C) �t d� M O CD I� O 1� O N O O e- N W 0 .�- Ma!O� �o�Ot�O OG Q m .- N 0 CL — �� �z�0 -J j I y n 1 Z I- W V W L 2'a Q W = LL 0 W (n z W Q� W H W Z IZ J W W W< W U) , W U) 00 �- g H 1_. CL w W _Z = Q W U � J j Z CY I— —� J 0 w O Z CL U) Z� Z�i WZ WWJZ� NU �,�QLLV��za.U� WO zQ JI- W n. cn (� W OWa P: 0 �tS W W �Y� -��Oa a H W W - 0 u,O O N - I- Z F- - W H,CL OcncnDWCWiIW uj U) z ~ =d � a Of � 0UU IL W am -� }�H z az JQa P JZ 0 W 00� (nU)w zz Of w z aj�a- ~�?wa0o � > >,U O�- i"F-��gz 00 OZ06 =z >zQ�>� LLJ �F-t- ww ui WF"YW 0o0�(n Oa ULj W W WJNaa �?o= 0CLco0 QOI- Q�'a F- D ���W�I- =�Qo= WZ ~== LooF-icn!cn Z Z =0� W W a,�_JQ Q =Q0 F- DCO UJw� Lu 1612 C 4 W J Lo co N � N(A N O Cc O N N 0 0 0Flqonq.o N O et f� , N Q05 1� oOD O O M C Q J Q NI Q M r i r N lA N r r r � =� Q 0 � ■ i I j QiF- 1� t7 N Iii 01 r. O 00 O V N N N W LCD) CD In Ui M N O oc O O CO N lA N O N O O N O O N m ti CO O O� O r r CD CO O 00 O 00 d' Q O O M 0 M N N O C C+'j N CD N N O 00 M 00 O r M M r i M W _ � r N- V >i W Q 0 I z O 12 Z OQ O~ 'ch O' W N w O,' O 0' 0 O O O I O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5U); ow- I z p W m Z' wZWO � I' j c�Qa< ■ v ���H' WZC7�' z W N }� W W W - D - F- Co O O O C) Cn O 0 0 O N OI 0 0 O N CD 0 O r 0' o N 0 O O O O O 0 0 0 0 0 0 oo O Cn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO LL Z W C7 a H' CL W (:i r M o0 M r N N O N N 4i CM a0 N O N CO Co to CA to M 00 N r M CM O N O O co Q r V �zm� a m W d2a W W� 4L V) W' W H p Q W w W Z V Z W �, W� ! � Ja z'� _ z W m �� z � I F- CnaW � �'�� OQ �� � I � O Z w ZZ� - -a O C� �Q� �U' w �Z p mQ� ���� -JZ �m W a --'az� mCn'WO W v���'WZWa�rni-- W� W0 W i�Uawa w�.!WU(n LU �-ww W V �Z�Z Q Ofiw =I C) z0n' W W W ~gW��CDWWO =zgCDcl W m Z c H wW ���H W— W N QO C/) �w�W U- - A�UQ Z a Cn� W J��m0 Uc)ZWw60(1WZ OZZ'LL1 -j �Ua �W 9 W cnw� W =ZWW � Cn =cn m J W Q � �d� >�� � -�'W =��pC9UVU001��C1zC� W I- Z, W = n"HI m W �Z aCpWZ Z W WOW -�Z� WLWt_O 1 �_'�_ ��mW W jal -gW ce a Qom IX W CL wry U)w :r ISM' W d O HZOI- WWW CKxza ! 1612 G 4 10 w O o,M�N�M 00 N co 0 t- co O v-000 CO H IN r ' M O I 4 � i J Q O ~ a O O O M O �O T- O V- U) U W co op N ti � O� J = W Z U) V Qwa o,z � I� W _ l C; w 00 _o_o 00 O'00 W W V d W W m Z Z W QaQ � � Z yz a ! w W WZW Z W 0 - OO,OOOV CD C) _ OC)0 WW W F- N M M I I Ooa c� �- Z RIM Q 2dW N ?- a °3 W Z� wg F-w H OW ZIP W F=- o- a- O M F- w W w UW 0 ZCQ w w 9 Z �U(Lu ZZ Weis C.6 IL �'U W D J w ¢ Z W -a>-Jz Z Q � ,��zOQi� U J �, U) t(woix-) w V> Z 0 0 w ce 0,w ce �O� wF- c 000 a. U Q'O 1612 C W M O 00 04 0 N O M O 1 C,4 0M O M O O O) `- O cD O O m Q .= N N I 00 r �- d. M N Q I _ 0' O O M 00 , N r- M O� O L O0 0 10 N CO M -- O O, O (' � O Q O rn r O O O � O o O 0 Q =_ L' � M r N Cn M N c) N� .- M -" 00 N CV (" Z O r awa I Ui H N O O1 0' O O O - - O1 0 O -- O{ O 1 o o ��O �N O O{ O �- OI O o 0 _ oZMo W z rn N a � w 5w��` ca n o w Q �� LW u W Z10 W,iZ Op rto00000000000 X00000 O lti O t!) er O N O N I=) Oo 00 40 G Ww OOOOOOaC)= C> f_ C) N lL) tfj oM�O W Z Q d (j r O M r M d� M r 00 CV N W Oa Q,m M 7LL ZOOM Z F Q -� - I -- L .� � W U � Q 0 � U' � N Z U Z W OJ w cn U a o N_w W g�_� Q UZW;LU�Cn zocnCn'ZZw' WZ_jUJ ='��0Q Za2Cn��W W Cr U) ���9 w ULa W WLU W JW�ZZZ it K W u w q U) O�F_�ZO SO- (A�UQX a CAF -?�aF- ZZW,'Z�OI 7 �wWO�CD� -LLC0- Cn Q�% LUWUJW_Z (A W f1Q- 5`wwO�a�wQC'1ZCA O Z ui -i Q ��WQ�hZYHZZW�a�Ow- JW =C/) WOU' W Q = W Z W OZ0wcnUE =-QW� FQ= �QZW =aOJUF) ��ZQ F... =O �- - - - -, ��O�I�z_,� -_ W wc�nat— Z O~�U'a0'IF -WZ< W a I 1 a O I 1612 C 4 RA W O c0 m' J ��� 00 N O r M �; CV O c0 � N M ►; B O O �- O O M I� 1� r M �— r O O 00 50 0 O O 00 0 N O m L N �-� N O O W O O O M o r N 00 CO r O N' O M V ti M .- O .- CD CO f- I� ((OD 0 O 00 O CO Ui M r LU M C4 O cy) C6 W LO v � z W WLU x W W H N ( W 0 0 0 O�Cp o o Cpl o m 0 0 oI O 0 0 0 p Z p c M 91 V Z M A W W � W m w Q a _' y uZoQ W z W p p °' °oppp000000000OOUo i0f 0 Z Z W W O CO N lA lO M O O 000 U O wp41 O W W .=.= �I .=o ui _ to =0! W 00 a °m I i J W W Z w1O W Z Z W LL F, W LLB W W W —a a0 u� z Q �� H v, Cn ��� 0) Q-W 0 z� C) W F- �Z �g _I p �Qzz(mZ = xso. w���z ui Iwa0�Q�UUZZ� >z�v a Y��Q Ice) Z> CL -Z <X =of C) cc � w �a�- 0WZ4 as =E -- W DZZZ i� �-22ZO =Q(��CI�(nJJW O_Z_Z�DDaaQ W Ems-. m�UO �OQF- 2 W OF- OW F-F- -XUJI Wf- WZ�f- =' =Q4��00?} 'f - I- JJ F- Wo w IW P-W _J.JO''I Pw� Q' =Wa00( -iUOJJ YWWZ= Lu�LL�IO - I- Q=�Q= Q LL u.mlO�000LL ~ W0 m =p 0 1612 C 4 0 W 0) 'T rno°rnLo; 00 ^ M N °oo.Ca►- �o►�o�n m J ' M I N aD CN N N i I a II oo� O to C', 0 O O N 00 W C,4 CO ) 0 M N 0 0 I N, e- C) CO CA N CO M B O O eM O 0 to O LU M� �p I (Y) M N N p 1- M M M N M N CD CO Co r CD LU z O Q W W a Wfu C W p p O' O jc:. O O -- W O O O'I O O O O O O Z M ci I >aw� Z uQ'az � L W N �O Z LJZC7Q W I , G IB., W W C C f� 0 0 .- 0 N 0 00 0 0, 0 0 CO 0 0 O 0 0 0 0 (C::). M o °.° W Z 0 Z W LL p o 0 0 0 0 o C\! O o 0 O M 0 o p N •- pp Q LL W Q Q Q dN M r N N O cM M Lfi LO 00 .- CO =pGual m G� � f—O 3_ QI°D i m W a z Z v It Q O m w > U > _U W W Ix Z W > Q F- i- U H p J a U J W Z_ 0 u < W WJ W Q IU) Z W HWUU) f- Z U �'0 V �'�- }F-U WZW'awZ W ZUW�Wi�(All W GW. F-U �� =Lj UgZ W w�W -�C)W W l W W zz �Qp W- cn LL =w U =zOJa.�l— cn , X U z mo W W =z�C�a U' F- W 2I- Nw;Wwf -z Q (A W H OzZ— o J W ��UU' W= Z NmcnW CA J >J�I Wei =mLIS = -Z �����C�zw W - > W > W w� Q�iWQ OUI�UUQW� F- Z�1F LLJ �' W�laawmWgW �=W!wCZ'Z' Za Ul WIUO U) Q` z � ' I_~WwOWwZO =))- �4��0��_J� -I W I W 0wW —I_. a_._OHF- o 1612 -� 4 r r i W 0 co 0 aD ornrncIooJ N TC,)C) Q04 04 et it r R ca O O CM O 00 O CO cn r-- O � 0) M J WW � < UZI W Q Lu > IL K o CD H - - - -I- W -- Z N F- U) O, -' O� O o 0 0 O O C O Z M 55 w - V > W W'm O Q i n aw z m JJZN CL 0 > W W Z W LZC'iQI nW _Z W LL C) p - -0 O C p o H W O o 00 00 0 0 Z za 0 a/ Z= d (7 N c2l N Un C Lu ~ i 0 w I C= ~ } W Z Wg QLL2 � i H z W 2 :3 a a OW 0 W _zlw ZmO m �.. pL, z Z w Uo w�� OD z 2 o Q, a mO,00U) a Q uz �o��cw.�cw79 O 0— w w 'agzo ()aw W >w Z Q - z a = q O L Z w W ZW(gjL�a =OOO W a- �wwDo- FQ.. °�H - 0 0 0 O q 0 1612 C , i I w C) 00 O C) N V-- 04 0 (3) co 0 CD 0 N (0 R4, T- M N M rl- i co o) I (o - 00 cs � d CN - d r C* (6 oo N O 00 LO I-- O co L9 M n O N LQ m N LC) C) (0 r O 00 'co 00 0 (=) o 0 C 0 Cb) 0 r W, M •.- Iq � 0 0 r- d* M N T-- CO N M N N N w r 0 N T- C) Q 0 Q W 0 U) W Lq 0) "*i CO cl! N T- 4 N ".:t CV OCI m O M i r• N C6 CO CV CO 06 LO CO cyi -t 1-: CO L6 a) M d LO CO CY) C6 -J UJ CO co CY) CT) T- to CO co co Tt M z W > Lu z w IL x LU w LO CD 0 co 0 CD 0 c) C) C)�o C:) C) m CO 0�010 C) Ol o a 0 z ui 0) z LL z CO W >awz co X ui 0 (n!43 W Z LU z > Ul CL LU LL ui C:) LQ a, C) a q n C) C) Ili c) C) (:::t UJ Z U) U) 0 D C) 0 c) c) Iq 0 0 C",L 0 0 (C� C) C) CDP C:) 1 C) C> CI cl! ",It 0 0 C) C 00 C) 0) C) T-- oc� (31 o C) �� c-) 0 Oct o c) C) c) (::� C) q w > z < W LU LU 00 r-- 0 U') '.4" r-- 0) CD C) LU CO z 0 (0 CF) co T- M ce) T- Go co U) CN 04 04 04 C%4 ca W Z U. uj a— 4 ca 4 0 oiz L) :3 z —,n 2 LU LU uj LWU CL V > U) LU C) z w 0 ui w W < LL ui z U) Z _j > z ui D y I 04 Z w U) UJ Cl. z z W 2 W 0 U) U) Z < F- Z 0 F- C) m W w CL X U) w (.) W < < (n >- tz (D z w g ui Z-) w w LU 0- CL U) z lo cr- (-) 0 cn Z LLJ W 7: W CL (D cr- w — i Co F- LU w z z < UJ UJ W C) z W F- (1) ui LU > w < U) 0,C) LL D z U) z o < uj CL x a- LU, Z W i Ey -j UJ ui w LL 2 0 0 D z LU U) w W W uj z D U) Lu U) z 0 olz W O� 'ui C) Z =) ( < a Z W ui > F- Of W UJ < F- E� Z Z W z W < O� w 0 Q. W 0 Lr) -r, F- 0- W - ='W z o ul z 0 U) (D w Lu > U) w 5� 0 P < T: ui U- I',- 0 _j CL W -r F- 2 w F-A 0 1 �] CO M-A 0 w _3 U) Z w F- D W IL w o w c lux, -i W w 0 �- 2IF- L) CL W WIZ < (J) L LLJ CL 0 1612-0 4 M w N N O O O r` OU') LOCO 0 r MUD r` O O I- w M g W O N CO 0 M LO m 0 Itt O I- O N N O 00 N O O r- M n- M J Q Ln .- LO, r- N � co f q M C? r- M N r co CO (D r m N � � L M q: CO p� _QJ r •- M N N 0 I II N 00 -O C) m L _00 ti W M Co Lo N� M 0 1 - NJ" N _ W V cp - O -- to W CA u') 't _ CA M O OQ M N J W = Co T- O CO I- N L 00 [h O M �' q N 1!! O O H Z > p Z U Qwa �X I ca w W w O O c): 0 0 0 0 J 0 I- N' O O O 0 0 0 0 C4 O O O Z F—Np J w t) u')OIN1 et OZ�°W LL Z N >_ CL z p w m 0 p I Npwi vQ~ Q L? v w j >w CL! I LL W,_ I W Z I a - p F- _ OoOOO'OO°oOOOO�OOOOOOO' Co O � _) - 0 0 0 0 --- O >- > zi< OII� W I d C) N In CO O N O CO O O� tt � CO0 N M 0 V- tO N O qr mLU m ZLu O O co QOpIZ 01_ Qm V � w Z w wig w � � I I � U) °' w �0 a �c� Z w F- w �O H Z �i wu' W zx Ow 2O a LU CL U) i �a- cL IcnQZ Da L 0- U) U) Op~ ��a0 Qf - F-WOv 0Sv Z w Z2W goo qf�zwon<2'IUUzzwQ, F-��� JUQQO(��F -W� I w (D Y�-J via LL. X W LJ UU�F- �u - QZWaw C /)a- < �n''ZUZWU���;��mZJ}''f C)ui0Z, mow- =EDco< iQ. z0 Dui �z0 -2E' W Z� F- 0 Z,Z Z - QIU Q� pp,J J WIW D :D 1110 U wz ` w�'Of F- 2Q'QOCiu)LL 2,2zWw0Z_z_wzzOOZ�F �iooa0 :)zQ -�p< > F— U) F— F— F- F— xI�� = = =QQww —i'!U) 0 W Z_OW W WwWZOF- W WIW W ='W Z O F- 'F- JJOW~'IYW O!w W W Z= ZIO J Z Q OW F- Z Q D J -j: -j J F-, U_ — J JIW � � — F Q'O F- F- � F- Q !L LL lJ_ wOJ2UUu-LL t-20aim0 a¢O IF:.± 1612�C 4 ' J 00 Q ao Q J t M Opp Xi cc ti co O co Lo O 0000 C00w O ui W W:' 00 OI O O O O O i 0 0 N N 1�+ o� N CO V) 000 G000w �= Lf) (d 1` Iii O O N C0 LO O O O O O N W M O N Os O qr 0 0 o r O r+ O! Q 5 ~ MI M W Z V Q W W U tc� X W N -- - - -. o 0 0 - O O O O -- - o 0 0 + -- O O Co Z D O z M W U (A W x W D W m to p W IL > W w 5 N z w W CO) Z Z LLJ U LU 0 0 OIO 0 0 CD�p O 0 0 0 p 0 O W o C) 0 0 O Q °° W Q mo w ui CL W � N`'' 11 CD O rnlo0 t° v C00� n`�w = M Q a c Q Q m J W IL Z W d Ma- _ - z Z: O > F- p LL W �_- H, z � ui N H � JII' m �' X W J H 2 w Z Z W V W O U) jw 1% 0 U)W-�O W> z U Q ~O H zw�v O a U) = U) �- �z � �- v~i W U) a w mm W (DW �_ui0 �I� X w W �' - I- a- u. � � V) W U) W I- Z -j Z' O' a Q L) f-) Z Vm!� DU)z p� VtiW� >,w W XOzUH U) O10 W > ~W wHO'C/) H WOJ tJ W!IW,o W'W W w W W �I> O Wiz Ulw W w w � �'Z W Z > -I- Z Z f- �-iU O�WI a O }O W w w LII—Fuwjj 1 P W z oI w w 1612-'C q W N M ti 000 O 000 O 000 co J f� O M I-- I� in r m J O OD N N M ai N N to r 1- v a � - -o Oo y C)rnti 000 W N N I w CM In aW Z W 0 9 awx W N O W F- CD N N OOO OOO O OO Z �em a W Z U Nam z G w H CO) 0 W W vQaN a v � W N G W = - O - O O 00 O 00 O 00 00 } W W j ONN 000O rV co co T- m a/ Z Z N M 0 0 i' vz WZ d oG ce)CN a ZLL a0 cl ��- U F- D: �' Lu IL CO) (L 2 Z W 0 z Ix H �� N LU im ui LU Q z ,( I— O M U p G ° Z J CL � m � W w W W �� °N PIa Z o °�IQ eZ� > W cn Z ��' ce OL o2f J w W'W� U)�-F- CZ (n LLZ WNW O W �'Of iw'z_ W W co � oW �F- %(n I� W z_ Q W'W W W � _.�I � 161 uy Cfl r J O Ln� 0 11- 0 0 N N It N co h- r N 0 000 t1) N CUO m r cf C70 f� O O m� C� M Lo M f� C(C M� i Q N - J F' O � Q M O Cl G M � M c0 CO N co N 00 wo LO N N W CO In co O � O O O � N r N r w "t M ct O O O O Jco W N Sao I �D NNa CO MrLn Cfl O M LO rNC6T- O m O CO LO Q: H Cfl M 0 M r r ~ _ W Q wIa LLJ W w 0 f 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 F- N O W 0 N Z W M Z oa w m � N m � v o W Z � Z a a o Iw > W w Q -- - - - - - -- - - _-- - W N z W Z Z � Q F- o O CD 0 0 o p 0 0 O p o 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 aW _ Z H W al� d ' 0 N N N MI'r CoI�- �- NI,N 0 � M CD qt r M C0 Lo M O N M OOr N Cfl LA m�z2 p co M I rN Z Q LL om_ I p!� Q m — J z� W W � W � I N - 4 I a2W ui a� It cn w z v > �'cn z w Q LL ~ xx 4 w O w w 2 V w w Z N J ui(if LLJ �O� H U Q D� ui %SOLI �l J 0 �Q Q mQ(n qJZ ui a w2 *O-jLU U Q�ZLUCO 0O w a.wa F- LL wcn W w I=- v0� Q VIA U > QO�WJQ a z�z JO�m� ,�j w H!(Yw =!ZI2CD� C� w J > > -'zf -z �cnLLvLU w a- -j lZwwOoaWa z �> � U) <WF-H aCYww J J�Jw� UJPO W C�UVUOOLLCo(lw,z(4 F 0ZZWJ'�IUD W W QZ�w Q �WQ� z _ wL1wUJaF -F-F m!w�Q -- w z� J W W z U' w o w ~ —= J UJ _j W Z Z LL - - wzZ U0 tn��� - - a a. F- Z O F- F- a Cr X ZlO a a O 1612 0 4 J o� oQ OCOO m,Q o0 O r aO a, o�_ oQ _w Le ��� viz awa x w W N - - Q O Co - - -w �O Fes- Z OZ 0zV) fA W D w m H N m Co p1W Z > WW a W UJZ!��-t - - - - -- - `W 0 0 0 0 a( QWGIZ - - d( : mwLU W c9 O,m Z LL a0mJI O G am - J Z R W V) In LU W W I w m U) w aO ? W a. zLLI cneH�� «sv CL Zw w4 X w = a �O , =0 W 4 U w a. 4 ~O o 2 > 0HOcr- W J W 0 a 0 - -i 1612 C C* W O N M cD O! R t 0 COCA M O O 00 T- d' t-- I,- N O O CM N 11-0) 0 O 0 0 O O J CO N � I,- CM Oil I, r- M �- I- to N I, 0 0 C nj lf) CD M OD N a0 �a I N r O LO 0 r- N O O (n (0 N r M. O CO O O N Cfl LO N 1` N 0 O 0 O C) N W M O N CO N N N d' N O M f` O C)0 0) C10 O I- M CA N J W M Ali N �D W Q U) V a�CL >Z W �o H N W Z- ° Z M - N 0 0 _ 0 0 0 O O,0 0 0 -- - co Go O O 0 - 0 O >aw °' ui N LU zZ WZUJ z co W W M U) M :) U Z C7 N W Z W Z_ Q W Q Z m W H r W - Q 0 0 �- 0 0 'dt 0 0 O 0 0 0 0 0 0 M N O 0 L O Oho 0 0 N 00 0 C0 O Co CA O 0 O O C 0 0 M� O O l!) O C O C M 00 W Q O Q w, a N N N M r O N � ( N� OQ J Z'� Q am am'a ui i ~ W � � V W Z N', W F- > U wa f- O ce z > J U J U), aW a H Q g o allz -' Iz� a a w� ���U) ¢ >- (D lz v�iwc � -r W W O Z `a �WI O x (� (n �Xa W W Z W Z C) I H W U Cn a � W M w� LU °�zaxzlz'� LLJWw w °o wwWLU ��0 ww0!�IVQDCL wrJ -zW0 mow' � -1 :5 W�zL.Lj ofgzW00>z °~ z C��wccooUF= O W>WOW '' �zF 5 mow - F- -1 Q a,Of Owc) UJ_j 1-a(D WwOVw?¢O a�=, ¢ Ii CL 0 V 1612 C 4 0 Ir- W J 0 om OO zrooONOW ONOO OLO"C rCO LO0of-- - ' ti -00M"T LO C0 0 q0 �U7 m J �I,O COMd 0 �(a eo r ' 0 � co NOONa- Mr_: g ��� r- rl:I "IT co - 0 O M o O O O o IA N r� 0- LO -- 0 C) 0 r- 1� -LO LO 0 0 f- ! CO - O lil co w mO ( t0 COOMN, 0 d. M J W M 00 CO I- C5 r- o ti LnfN O O ( MN 00 r 1- Q W w LU w -0 0 0 0 0 0'0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co M v W W Q LU o oi000O O N O N •- N M O O - O qCT _ N O 0) N H o o N � W G� W Lii O CA CO O (0 .-- IT N N r N O M rO i O co (0 Z Z W ui a n N M I� �- q o "r r- LO 0) 00 .-, 00 N' 1N cT Of O Z m Q m CO W O C) d O o( Wm V 00 °Ln° o N O °OV O M O d cn ICT o r2 co W , U Q I.- Z 00 v CD ' I� a): r N M N CD d Q C07 W W U) 9 O N F- 0 00000�J0NON N O'OLt7j0ocM000cMO,OON COI O N fl- w U) Z U J Z W Q M M CD r- - LO O O co N N r! W J Q mc,o z�Wa a0OQ 0TC)c=, 000000000000 V ��- W 00000000000000 000 0 000,000 J z m d N 0 0OCD CD O 0 of M � In 0 OOI�NCDM W IL 2Z' d �. o� 0 M 1- �- � r= r� O 0 N CD ln' �- N CDICO O r Q°° N Ff! 0 O j a UZ> a0�-w O z> W CL U: W CoCfQ W � Q w w U ZU) ~JF- W � Q a Jq W'W Z) W o Q w W iz a W a w Z Z � z w= O !sF� W W U) ULL W p� ZZ) p LWL - �Qz Q U)Z -- Ci w =WF- m m +' a a W z WwWLL_f -C:10 m co W W�H� CLwWZ'zWW�O fAl -dIZ2mi W Ww N p W LL_ } Utz W0IUZ,.ZLL_U- -j z Ow z w p p Q <[ W F- �;��aZ`Z����p0 W W Q-' ~~ Z' Z Q' W zzZW F- LLLL��o ��Ln a0- ?C wR�0! ZQZILLaD< W W WI- w QQwwwWwoow J ���IWitWiWU'> t9 W�U!,(W7�WZ�ooI Z) a a_CL F- -F-> wE cnmcncn'i 12zzxx< >- >-� zz��<Ww� Z— wwiF- I- WZ>- —Wwwww �Uw Zm>cn cnw�9Q4w ofIr C7 c��-z!cnZ=— ZQI-pW F- aZ RO 0uj00w —F- =�Ocn »w � LU ZQWt- -t-UUZ Ww3:Olaw0aU IL 0 mmW 0 Ir- Ib-12 C 4 O N J ;0 O O 00 MO m O m� 0 0 0 0 0 0 Q J P- U') N N I � tM! Cl J_ QUO 0°0 n M ° 04 O O 0 ° O 0) M N N LU i'- O O co co (o N J j �O ( a°0 F=- W N r V W Z W Q CL x w �T 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z m O w C) oC v w mow Lo UJ J 1 W W 0 0 0 0 0 co M C14 Cf) O O 04 O H' N 0 Z C.i N r W m Z W g D m O r > CL N W w - - -a - - - - (D - co O ') O O M - 'tOIt -- - tO W ZH Z H It CD (o(Y)0Ntto W W _°° a cfl0 I NW N0 W Z cn W Z C 000000 �o°NV °OrM - °ocMate Qw O j I a �n .- Ln O 04 tv m IX w Z O QI� ANN �- e-�O Q U. O ~ m 0 N _O J W w U0 a F' G w �-- 0 0 0 0000 0 0 0 0 000 0 0 0 0 0 0 O 0 000 0 0 CL 2 a, w rn O Lo le r. r-- co rn o (D c) ui ocw G oCsc CNIn Lo ��i«i r oa LL a WI m W N N w Z w H'I z Z V� > ci�a WI ��K Ww 0. w _I Q r- (�w� z`no Q I�- a aw o CL U p zUII Q �- �¢Q I =aC9 wa I��z w ��''LL'�'Iw� W Ww��- =Zw F-i 0�E_ IL w a- U) W12 OZ �w zw���w2wF U zz -f-W w Zw�LLZ a Z=, F--w�aC7'�90 wI, az a— ww W 2�'ww� U) LL 'LL Ww��wa� C9 (� =aapQ O H w wcnm;U),CQ w z'izlla ZzaaQwaUaaO —_ww�- w-W W wc�nwj�l�Z- �Z<PowPo w � Qa —� wws0mcr � a jp Li i I i, I O N 1612"C 4 T" N W �rno0 MMaNO� nO J m J (0 co .- 00 M g Q � o ti II W) II ; 0 r Q I I I _ - - W - -i o O a) T- _ r O- ti m 00 � M o r J W W M o M o ;MI GO 00 � i C%J, M r so Z z O V Q W > W Z a v� x ua > -- -- - - m -I - o co o O O O o 0 - - 0 0 w j`O 0 �'' -_ - - W - H N W, Q 00 O O O O 0o O o 0 0 0 Z 0 G Z M �- Q i W W 0 ti O ti C! O o o o 0 co N W a, m W M M of N _ W W AIL- Q m I N W � H (� G o a) co Z W W W al W H W I Lo W rn r- 0 N Z LLJ Z - 000 d 0 ,It 00000 Q m W IX z O W m Q 00 O �- 00 �n to CL n. ZLL w0. =ate w °' �0oz °°"° LL W W W �j m F- 00000 OOOOOOOOo _ - a�n W 0: W > H a W C9 ti ai ti C o o a) ca CA co 0 O co M !V F- I �- n W m w U z w °G O Wa voWc Q U H (D �''Q� i W z Z a uxw n. C9 o Z �? cnW ~ oocn0E= �Z a �ILcn N wI —U0WZ� x �� Z W 9OwH -W w ~� Z W a Z W _OJ~Iz Z�Z =�0 W J z W w Cl) -j O O_ wOUZZOF4- O¢U� - Lu U) W Z Z�� -� -WH. 0 m W W ccnn� Q Q~IZQH�w01 WSW �WZ� 3: O1 CL- U -- O _ -> � p 1612"C 4 T" N 1612 .. C 4 f 1 w o 0) m. M N oLn0 -0O ONO01OtiOMN�1-CON00to 0 +- O O N LOCO 0) O O cM 0 f,- O W W t m o f- me - , N -- O N . 0) f` _ In O O CD r- ' M CL) I� CO ti M ti e- o Q .- COI � d 0) t7 I�1i Ci a0 0) N r- 0) "T to CO Imo- ' ' CAP 0) f� (N ti 100 N Cl i- M .- N O J 10 M If) 00 M CO M t'7 Q 0 In O O O LA o LO O LO r- LO e- O to O 0) 0) Cl) +- N O O O w 0) o O M 1l- N O 0)I M o 00 Ln 0 0 qi th Qw `7 N O r- O 00 U) 0) 00 �- M 0) r- 00 f w W d N I t' C14: I O CO O �- O 00 CO co ti N M Q W W - _ 000l000C)o0 o 00000000,00 - -- 0 0 0 0 m I W 0 0 01 0 O V- O l fl_ 00 O 0 r O r- O 0) O O o O Cl O LO M O O O N O 00 ; 0 00 0 0 0 0 0 V- •- w W Z ww IAN -ONOO OIIn OIA Inr -0CN 00 O D Z 0000 N cN0 N O( 00)O N�w 40 H N w = t0 � M If ) (0 r M M w r z Q m CC U to O OOoO'OOO f/i > W n' E- oOo0000000000Io000 w xmU c z °° °° y� �' ww o o' w U O > W w a (n a J C o00 000l�Io.- o�000�000NOl 0 - - 000.- -- W (D J Qi W O O O co O N O O U) W Z C7 0 Q V N I I[) N r L6 p�j Lu Z H D Ix ; Q,� In L[) In Lp m w U m U'O Q O Q � W w H O o 001000100 o O O 0000000 O O o 0 0 U F, _O OC O 0000000a 0 0 O 0 0 0 J W Z W W CC d 0. W (7 f� 00 N e- N 00 o L- 0) o M 0 O N r- 00 IL 2 0. im N .- CO O N 00 v- CO It M 00 F- Q cai z U) U) O U) U w �0pui W W wOz Q a_ JAW x �' EQ' �W W(D'' U) QpU)Z z0 cn', -� �I�IU' wlz0 z nz—. aI O F- �UWIZW ¢ asIW Z fAU —¢ Cn aM W U Z Z. -j -1 F- Z) M_WF-WW IwZlolo'1OW 1W W C /)Z)0 -; �> U)wF-¢WZw ���C7U) Z_IWC7Zw 0W�O F-J U �aZ�I�Of Z WU��-gWw nC�Z�dT Op'¢lZU).w¢ll¢10 m aw9a ~2'' :�w oz - 00wwoz2wzwQ�O >- war <goz,zwo ¢'gOF- OcnZZW!��'I� mI- W ZZ��ZW¢W w0ZW¢d >Uaw� =WIh- LL wW�n,001 �IIwLLLL'5 Z w0<-F-> Lu w1LLw D O w (ntnlm�>-z F- zw1=zF XIS -mm JZl�cnwww W -1w cf) -- (DmjnwzzW¢d11WZUC7W aazJJOUIOF — > Z Z w v7_ w ¢�UUc la w0',�U)2g— -m'Z)W mW -- f z O 0 z Q > M--i W 0 M to z V > > ce cG U. uj O Q z co W x Z ui Q N H W CL V) LLJ D z W a W L 1 O O N M ce W m O V O z 0 z W 0 0 W m 1612 C 4 In 0 0 N Q1 L E 0 O Z 1612 C 4 W O o O O O r 0 0 o CO r+ w O O O 0 0 0 N O N o 0 o p p r "t N M 0 C> CO W N r �t o o 0 0 J oc "t p o N lc u" 'It- F- N N Iq N 00 IQ 1 00 N N Q J a r N (C7 N M co .O�}O O mf �j p ti d O r M O t[) Co, LO LO In LO M J M M cn O .- 04 me O o 0 IN O p p N M O O N aM0 M 0 0 W tf) M CD CO to ti � J a ? f M 0-> M Iwo aura > z I W LLU w o0000'-- o p -0 -- 0 0 0 __ 0 0 0 0 -- 0 0 0 0 -- 0 0 0 0 L 7 CD U I I ' Zi0 Hop N -Z W Z O'Z' CO WaIM m wZOcn IZ w — > a V W O 0 O - -- 0 0 0' o OI"i 0 O p 0 0 oI- C) O N O O p p' O� - -o 0 0 0 00 0 0 0 0 0 0 0. 0 0 _ !Z L- W F- W M 0) �n 0� q ti f` co N O Iq M (D ao N N d nj p O N r: It N r "t M M r-- CO co N ui N M NUJ W Z O a O � N co (3) q Lo M M ti � V- M U') LO LO a' LU Z �- 0 r r N Z a.O LL��� O w W U) -- — V J F- z w W ' Z Wj O a '� �I-�I I w (l) �Wjz U) L o;a I� CI F= � m QIILL fn U) W J a Q =!� (Dias Z LLJ ce. _ �'I O O� J H Z WIIJ� 0) � -j O w Q V Z f— p F- �U) F-'Va ��wU Q 0 Ho,Z'oaZN T- W z W d W w(D �Z QI� WJZ �J— Dz coD —(nOW� mwO LL',� CL W LL. �¢g W X JJ ��� Of oc Z �'�,� OOOOQq o N ui V W Q Q�CDZZ �����V W F- >00,QZIV� L� 0C �< Z Z =QWCnZI Z ULLLL W �F-W W OUIZw�� > w ~ZWai WI cn2 Old N W W W WW W W J� W °QF -vac W W(�w %JWc W W— Z —Z) W N W W�WF �Z�(/J�W -W� �litLlLtL W ZZZZ�O� �N W Ja— ZWQW 0 =(A JZ Z W QF-�F- U) < o0 C7W(n0l IW�WOWmW� -(n4W -- �W W JWww� ZZZ 0- — G - -- Z F- F- i-- U C7 N�O�c���a OC =� -- - LLJ ui a Z 1612 C co w 03 C)l O o 0 0 o 0 r to 0 �t O O 0 O 0 a m o O M O O o w W O O O LO d- M d' r- CD LO In P-- a Cfl O O O O O J r_ M L O O CO o0 L "'t O D7 N I­ O O N r" N _O m J Q o M M N r r d .- LO -- P- M co CD d' � 00 N I LO M N r O tl- N d r N N 0 d' J Im ~ O CD O O O O d' O Lf) o O 0 00 CD a f- 1­ o CD N r- d' d' O �- O N d' �- CD a CD d' I-- LO O I N O w M rn d- CD � — LO mt M N N ol r- Q (n UJ _ N ^ CD ; f,- CD CD 00 N N N d' N F- Z V W > Z Qua W X w CO) W N O O O O m - O r N- - 0AW - (0 (D OO 'q -- � -d -- -o- CD 00 CD co CD N N LO C:, F_op V z CO LO � co L N N N 4 O p N zr:z W N >a�� w �"� m m j o w W m 0 'Z I, I w p O z�N v W I > w'LO Z - p - - o Cl - o ` 0 o p ojo 0 0 - 0'0 0 0 o 0 _ 0 0 0 0 C) C, o 0 0 0 Cl 0 - - O 0 -- - O o 0 0 -- o 0 .. a o o a 00 o 0 -- a 0 O 0 a/ N Z = LL H W W ti /� L 0) O M co 0 4 CO q LO N (D! M O W N ti N N 00 LO M O O I-- M O M O N CD N O E e- N N M O O �- W > (7 d (, N N e- .- a d � T j M I I,- e- d' s- �- N Q m Z W �" p Qm Q Cl LL - N c� J _ �� z W d w V w aII W d J � w QI'OLL w J Z w' Z Z UI z w � Z 0 i W , .> W p ~ p Occ W (n D m U) J W w Q z W Q a zJ W, U c� �Z�Z��QLuI F- J � -O z J � d X w Q w w aE -0WF -Q Z D O;J��U�pwwWD W W O Z W U m M -� m �u)zZww W w ��wwWW a00c~nQ���''��JE -', 2C7wwz� O C7, -� U a z J z w O w 0 aF- z} Jm0W,= O w w i- O CDZ�C��cn a w cn w'WIH<w �UaO�Ozz�WVZ�'�UU)w ~WUga-0O w w z Wlwjw z w p pig z z O ,� -R<Maz m w ,�j z J �?CK_j ()pQF �Z �QW�0 -i -a � U WS��JJJCnw WOW 0WWW,O'J�WW9 W-j F- ZZ�F t -"-'OZ -� wawl cn 'MI5— p 0-- 2F- i-- U!alwF- �J�?Qcn 161 2'wQ O 51000 Cl 0 0 0 0 0 O 0 0 0'O 0 O 0 O 0 0 0 o 0 0 0 0 0 O' f-- 00'd' 00 0 Co O to O:CD 0 0 co 0 T- T- J LO r N� M to LP) O CO O O H to � CO 00 N O 0 w 0 p Qm J� ,- CO M co d C6 N 0 M T '; N N CD c" cq 0 0 0 0 0 0 0 0 O fl- to O O O N otOr�LLo Co r 00 0 o O N N O to tp `W J W� ai �, L �-L6 T- Cm a5E.. D Z v Z W''UJ IQ �,X w N Wi N N o Lo O O O 0 0 0 0 0 0 M 0)ornl,00 M O r- r �- O O 00 CM o Nrn M rn0) Lo ! w Z CAI M, M M lA M to C) O' O 1- CO C14; to CD m Cf Z D N p W a "' IN CO O Z V.: Z m o w w O �ppV� W V Z'v' Q Cn z w {z -1 - >WO Z � pl 000,00i000000000000000'r000 OOOOCOO,OOIOOO O Ooi0o0O.O'O p N W Z C7 d `� N t co M Lo Lo M M O C0 O O O CO LO N ti M M 600 N O M O' Co Co M I T m w m e- Z 010 L++f N v �-- Z W a. QI W -� Wwa._J CL:J a Z W a Lu O LL Q W i W K W V) H � w F- Z Z � O f- Z W Z Z Cn <(�U J QQ LLB w W O �_ o Q V'W a Q1zw z °�'� �Iwll W g v) �n�a- �,a a- Q w w Cnn ° cnZI;z of Z 0°�zzUwZ�UQQOC�wQ_j (9cDw: z Qzzww'oUo CL x Zg a� Hw�:i- �� z�wo%ncn MUUZZOgQ w I (n W fl) <zlo �¢l�a W oa wo -w °` I -w - wo - -- I-F-Z_- JF- w w'Y- U':0 �, °zOwaQzw2mm U�� z�0 I- n Z z 2 - i z I- Z Z :; z Q< Uw W, CL =nc�z_z_w°°00 2 Co J w w� W � w ZPQQOWI�(Z'U) Lij ��zl �I�Z�'Y''�wZ222Qq���U O < _ zQF�'J�JQ 0L LuLj- WZZ Q �aO'O�WLu WW � WWW2 ;~�U�W -WW:(D X 2QLmOaJU�,000L O ILO- -1 w WWW�00 =) =) �- 2 1612 C U-) J 00000 O ONOOO OOv o o O Nttoco a?-7.O CD C4 p!,oO cfl oC m J c0 N M I-- w `- tt r Q p 0) r CO Cc W) OIII Q> O r r Q ! 0 0 00 00o co co 000 Go ro'oo o W cri 4 J N W � I c M '= Z D Q W W �!!W LU O O O O O O O o 0 0 - O p �- W O o F- o m N p W z O zvz gi m >a W V G CO 0 0 V z V W _ >'W Q V O D- Z = G 0 - 0 oop o00 N 00 00 C)c00000 000 0 1otoo 00 c:> C> 5 (D z z U. W W G00 __ O tD ~ U) O d N `- � O 0) N CO 00 Cc CD b in z W W Q m QO'�J. al } p W W L) Z W 01 z W U > Lj aw�Q'i W a. JI 0 M U) LL W, cni z N za CL0W a� �W W~ _ -'O QOW U W J W! W a o. Q H� U) 0wl -gyp w 0 H C _j o°ls odoL °mW U) V W WJ aoo O zIQ IZ W WU) � 0�LL (' OXN ~- CL ~=�2zOCa ~ ~U. w Ou»W C) W Z >' Q aZ�2 000g=zzz H ~ ~��� w 00 W- 2 w U 0 �ZQ- �ry QO��9 �� W O— O (!�w (�cn0 W W fA JI� O W w z LL z� W 0 0" 9 W W a -ate,_ �,qq U) _ am +2IQO z �-1- z co co W W uiui �� U � HI H � 1612 C �JJ O O f-- O O O P• O pn I,- N 0 O 0 M 0 LO 0 O 0 0 w O O O o O� t O 0 �- 0 LO 0 r-- !l- r-- 0 O 0 O J Q to d o to o m r N t O CO d v O N 00 "t ti co O N qm J r CO O� a I o m 0 O W O M 0 M U O O LO N o 0 O U O w O I-- O O to r M O O J ui co N 0 cl .- r Q W CEO vLUZ Z o f U) Q W W CL ui Z K W I' 1 Z O F=_- O o N D — _ - - o O o 0 0 O O O O O O O Q O O - Cl O 00 N -- O'LO -..- o� O O NWMI- V _ a IX W W U) Z Z G uj m m U ZIP Q V 4 v W 0. PI! Z Z N Z Z W -W- 00000 0001;00000 0000000 -- >- �_ Z `== p O o (Do O O O o 0 0 o p O o 0 0 0 0) Co 0 0 0 a m W Q Q W W d to LO �- O co (p t(1 r N M O i 00' N �- N N I- O N r r CO 4 T- C') C%4 O .- LO (0 O to to to CO 0 N i N 1 b M O N Z a LL. Z a p,� r LO J z W a'm W W a w 'i IL LU °a' U) z f- zw U) a"3i P w n > �I z > �� �cWn > �0 W J�'w QIX w =I z W O w z P (n 0'w FQ- �iQ� QZ mQc/) JZ Z a W �Jaziw ZZ,a � Nw�2 L) :U 'wzwa�zZ�UwwDU)zz0 Z0 W W�WUU) �m I �x1- -mU)w0 — J��WWU U) 0.WW��w— �C�Ww� W Z :D z: w w Lu N�wwwz�cn�W'�VO,zzEu QOV1z�zOJX Ch LL VOzW�,�oaWz W > Nw� W >���. Ix U) v) w Q �w >��— —jW F- ��Qt�'C) Z ww� 00��CYZC� = =LL m W z W MZWmUJ ZDWQ� 0 J —Y pWWwCLCL �� =JJ(nZZ�Z_ W J(giW a W WQ W WLLO O I - WWOww 1612 Q o 0 0 0 m 0 N O O J 0 0 0 0 r O a o_ 0 0 N 00 CY) N W � O ac! UJ Z D U) VW awa Z w oc z! �I W QN O H - O - O O - - - - N O � W M F- W Z ? O .- Wm? ,z m O V w Z W Z LiJ OW j -- W� , o00op O - )- O - O -- - o {OO 0 LLoa i atW7 0 N,MN�� o v_ •- 0 0 0 0_ Q Q N zw� Q0° � CL W W �g HOa � w� z� W Jed n.0 CJ = W, �UW ° C!�wwZ °dQ UJ CL Z75 w C� w J w O0 CCL 04=1Q- w W w a— U Z Q Wpm Y 0 0� > W Of<Lu -j Jw J U LL LL M F- 1- U'J,O ' O - U • i I 1612 C 4 C* W 00 �- ti O M 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O 0 M •- O O 0 O 0 N 0 O 0 O O O O J m = O"4 00 N I- 00 M LO r- 1- I- 0D co "t .- n O N O Ul) e- O . 00 d d r- N Ui M U) M O O w �- U) QJ LO .- N r LO CO O I N N O 0 t` O O O O to O O to O O 00 ( O Oo r- cn � cD 0 0 0 0 O J j W W U') N `- ~ H U W > p z �I Q W W d ui w °o 1 1 000loo0 - o0o000o,0o CC 000000 Z F- 0 N w V U�ornr co - r• 0 U) W'M W, z X W m I palm NaO�— z _UQvw >w0W' ui z z� Q W OOOOOIOOOOO,o0O 0 o 0 0 0 p 000O0OO'Oo o 0 0 0 0 0 0 0 0 0 0 0 0,0 0 0 0 (n N W Uj t+ f� M U) M t` M CD — O C") It ^, O O N rt U'� O O `� co "t N� O u j O M O CO to Q m�WM Il Z Q d Qp (� T.- N N �- U) U) r. ao p ow °am p J w , a w - - - +�- w CL ca w Q I F- Z' z W � i cn W 0 w LL ~ p cn < W U) U Z000U z I =) Ix 0 QQ � U cn w wW w J DU ��IWzwa- z 12ww,z, W �IU'ma�zC) 0=mwW°dZF' >g x w alU) LLc)zcn I�z0CLLU UQxZZW�z�Paw� �a�igW�;Z',�wa Z_z_ W �W W W Wz_�(nF.w Q>a0 0 WU9QQzZF �zU��QQ -�� Z J zJF-� Q�� DW'wQ�J JWMU) �z 9w��W F-z wW —� w0 = =,�—�F -F- j w UwWIZ)F - QW �zJz�waJCn9'OOww U' Q �wc�i)azOHU�z<,<l w'=2J F-'F- Nw0��CK � 2 :� W u a O I 1612 Cm 4 0 O 0 O 0 o 0 U'i 0 0' LO I� 0 o 0 0 11! Ko 0 o LA o 0 m LO LO N 0) M LO � O LO p. LO 00 00 M M to Q I 'III Q i _ O� M O O O N O O O O LOO (D N O N Ln �f o M Jtq� Q = r F- Z W p Q W W X W UJ W Lf! O 0 O M LO 0 � - - Co w 0 0 0 pp o l 0 o _ -LO z HO _ C-4 W �I� .- r B ch o W Z N An N c) W pWmL. m UJ Z O M �WO2, W Z W W U) z Z 0 0 0 0 0 0 o 0 0 0 0 0 N L[) p O o O o 0 O 0;0 0',0 o o 0 0 O Q W p WIz'QI Z W 04 U-) Ln .= M COI CO 'Lon' LO LO O n, LniM miN M m M W d 00 N Z Q0LF- LL 0 0 m Q Lj W a w a �,� W O g w U J Q .i z �- 1 LL Q H Q �V W a p W o W U w Q W _ (n1n � -ja ~ Z'Q �I 06 Z Z'U) Z �I' Cl w i- W cn t--a J W D. Zoes g a c7OFQ -wLW Z OY F- W ,q w �L2 =xsWm J J W 2 cr' Z a= U w J �OW�oZZW000Q Z ZOfwz '' =( ui > W�-W?-Hf-- H_I_IW QQw00'z(n O'O W W <Mmo'owwW= JO�OJi -J ,.W � Q,J'H H t - cnoc) UWiLLLL O am¢ 1612 C,4 W O N O M O N CA o 0 r O r M N O O O 't o O o N O o o CD N "t (0 o rU') 0 U.) r f-- h- o O o O J J Cl O In o � Ui o i I- N r 00 I� r N 00 It N 00 0 N qm 00 CO r T- M N �- C) r d 00 tt d J a° a O 0 co �' o Cfl' M N M 0 0 0 N O U) O O C) Cl i U 0, M M N N o 0 W ? M N J p Z (> a �, > LLI �,W Z W N W - oc H o F- - o _ o O I _ 1- O O O -- O - - - O O O O O - O CID O N -N O - O o - -- N O, - O Z — N Z F- ! LU U M o N O N r� O _ N N > .- W K Z r G W W m p a m p C)ZOZ Qua I > M W O WZI? NW p V uQ oo0 oo o,0000oOO- O o pf- o 0 0 �oo o00000000 00 00000 00 i' Q > W W - W W O 0 � Li M A C N a) o C) LO i LO � 00 CM N 00 i 0 N m Z w p O v Ln a 0 O W m, p Q ,p m i I i i �~ wwa (L z z LU W 0 p, ' W W O 9 U >I aW2I N O W Q, = O N w z V ? Q U Z Q�I �Qz Z � 0 �,w ~ (1) Q �}} U) zIZ WNW UI'Q a w ca W CL p H a� W �U) U) O U Wi LLJ'� -W z �- z W�m - W U)zz0 LU W V �U >'QO�w�zO Of 7N -�CDW =z�'O'z W �' zz �cnLLC W- W -) W J0. �U.ZXUZwwOoa_'wQ - z (A W -1 0ZZwJ�'U p P �~ N �'w'�w -� 1- I- z U) zlai�'Iw U) U) -� Q z >Jw U U)Lu h- Z W�zz�00WZz z w z0UF- CD OwwOaol c/) �Qw i= LL o i�w!w F- ww0wwco U) z z W - Z w - 'S uj � �' O t- -- { -+ - W � a O l s 4 CD 000x. 00 Q a N co M O O J O Q O O N O O CIO 'o cW o cn e LU =ice W ° W V Z bawd > Z X W o' o cfl f o c0 0 0 N Oz� °IN,y, !Z w v cn ? M ViwM? r a X UJ OWE m cl)ppa V Z ~ w Z Z > a wlZ O t9 Q' 1 w ww o NM' 0,0 ML 0 0 a 'Z Lu >''ZLL' V 0 0 o0 CO Ix W IL o Qolow °m 0 Wwa Ix m a awO w z} F- LL w Z W N w a 0 a O �J c.�l W zZ(Dw wiz oda 0 Z >-V W OCI�(n(D ry — W Z LU wJ Z Q CL O'�azp } =O ! W w�'j?�J� Q~ Z w Y�vLL,I Q H p LU J Q li = J W w U- I— FQ-- O�O a F- O V 1612-C 4 W 0) - to co o O O t` M O r- o O 0 O M 0 - r to O 0 r` 0 O 0 O 0" co r` to w to c0 0 O 0 O 0 00 0 0 O J J co rn d' o o t` S r- M 00 o0 r. oc r• to M co ' co o d to 4 LO r- m Q < to M 0 00 0 N to M t O It O N O M r- O to r` M O r- O c0 r- O r- r- N O N J o Q o N (n 00 M O M 00 O o O d d O O co ti O N M 00 N to 00 Cr) r- 0 o .- (o 00 `ct O U) W N N d� 00 O M O M ip O O CD Co (31 N r- 00I M r- r N r N O M Z > Q Z V `Z Gi a x LU ui N - O O � C] O O . f0�0 - O O -- - O'N O d' - .' O - - - 00 O O N C) C) O 0 N C) O W O LO LO 0N0 V-i M C �M OI Z I"' D O N J W c.i z CD d N r M O NIW Z M LL , o CL w W m Z O co to VZN,V D O f= Z Q v w > W WZZ W Z 0LL °o °o °o °o°oi °o °OOp oo °0000 °0°000000oiOo N L%= Z= 0 W ==� O N tT 00 O �- 00 r- � to � ! CD N r- O O N 00 .0 N C0 M O 00 O o to LO ! •- N N M t- t.0 N O CA O �- to O r- m w W m O Q M O N CO O e- 00 d In N M r- N CO Z LL_ Q m a wwCL a. p v cn W U Q F q HOLLV a U N U > W z WZ� c� t% W o, Z = ZJ oa U i-aotS Z Q (n - >-I-�I �Qg Q0 u,� �J �Q �w w o J � U �a � G z U) :5 ,2 w Z O D w QZ O Q 2 Z w a w� < WZwaw.aU o'Umwa wzz(.) ~ -� X w V > ���,�U�J D �- z W' O Q a CL F- _3�J -j w 02WZ>>„wY C� cn U U LLJ W Q (nwlLW O W Z�cno W �w�ZZO�0W p5wULuZ� Z 5 U w Q � z LU (n W ZD�W,Q p0LU(nIUI JZ -Qw I- 0 �QuiP wg tea. W =Z�JwgZ�'f �0',J'L) �H 0zZ0 -�-F- 0�oofU)wm w >w'OwwLL , 0UW��?Q'cn2Q uiJ w DLLQD W�,�Oi- a0 a 1612 C m4 W 00 O O O O O O O O O U7 O O LO o M (D O O 0 O 01 to O. T- co O co q O 0 O!, 0 1 O 0 O Q J Co CA O �- I� t7 O N Co N (D (D r' O cp r (C') LO CO r N' O t r (D LO N O �N r. N QQ tf! J O C* � Q ' N O O O O 0 CD 0) M M O O� N LO 0) O O O O ,w OD LID N M etd� �Qw Vi r N q D z � z IQuFa 1 W � Ln CO O O O O -- O -- 11 O O( 0) C4 O O � O I C) O O z H O O N,w W N M c M O vi Q Z C° (OD cn _ N W M,LL� N >_ owWO a a'Z im uui Z Z v _ Q U _ W > w W Z O w �.- _ Z ol0 0 0 0 0 0 O q O CC) {� 0 0 O q O F- O O CO O O CA o O r o o O O O CD O O 0 O o'Olo 0 0 O� 0 0 O CD 0 O Cn Z w Cn 1� M N N CA co CA1 M CO M m ♦-- co N LO N Q `j m w a 0 Q N �- m W) zoos °am U J'Z _z W g W ?- w a'g w ALL 0. g p j �,w Q�QZi U) U) w z �a H 'Z0 w N H W w (n U� W O (n ' W' LLJ Z a -� Z !n p J D U _ a F- F- 0a Z U) W' U C/) F- awZ U) >< P W W v z O its w w od ��'awwz- �1wQQI0zQw >v�a X cp<Kw 0ZC, �RP'� =- p 0 :z0 W ' F- F- �aZaZWUm'm�J>- =Q�m W WQ al-=F- U W Z ZZ <0WWOZZ Z DQ U =ZZ00'���zQ� J-�W D- Z�' -D Q W ��Z W Z>-F— ='= F— _QQ�wv 0 J —cnw �OW W w WIWIw www'zwa001wwwZZw -,U_O JJ F —JJ0Lu WD Q D -F-'z JJJIF wwLL O1 UUU�w�gO'= Vo 1612 � Ri J 0 00 00 C O I o 0 0 0 00 0 0 0 Lo O 0 0 0 O O O J CA cop �O M '-t O! t1� O tf'� CO C7 00 N d ~ C) 0 l ti e- J H L~ t0 Lo W ems— >'O i Q 00 O 00 O O CD O40 000 N O 00 W J N ULU G Q z Z IL cn W w ( oio 0 0� 0 0 0 0 0 0 'iN Z O C C4 W z V v N W M Z IL, W o wm U) 0 0 W z F- Q > w W O 0 � z W 1 cnWZV Z rn 0) OOO 00 O co P, M V O O'oo 0 0 0 W 000 o 0040 a m W W U)! W H ~ 00 III C7 oD N i l 4000 e•! T- �o� r Z LL ~ � co Lo tl7 Jzw G :) Qlm a �� W O' z w w O z z v> > Q LL > _0 2 ~ W W Cn Fw- LU O (/� J z CL U) W U) ui W Q Z j Z w UCa ui W J �~N�'WJ '� WIZ_ V Q H Z ♦O♦ II v a U) z O W ~ Z � E' W Cn W M: 10 CO) mJW U) ZJ Q W X WI ��i m— —w W W ¢a zd W Dj a,OpmO W H'22� WW�� 0 ") OQ ui F-QZ V Z'00Q v z Z W F- L)L) W w� Z U-� W 0 Z 00 LL LL > -W co odOfWo ...Iw!W Q�N',C9U!U 0 W cr �IWilwi.LL Cn W ~O W'ZjWw N W >> Z Z �� � W W W - -�- - -- _ > Z Z Z C —) - - z 0 UJ Co) W I- W d z 0 W - -�i 16124 LO T-, W 0 O O 0 00o J 00 0 N N N N J r r r r Q - 00 00000 .w J W ~UJ❑ Z V > Q Lu W � W Ln p 0 _t 0 0 Cl O O O O �- z GIN! W 2zV-:l V CA W z WIW V) ❑ W 2 CA ❑ Q W z P N ❑ >w0Q ❑' Iz W Z - -t - -W NN i-> ❑ H IOOO INN W z WZ U) W at7 w a (646 im Vic, 0 C3 J z W W W a cn G. o W W I Q H;O 'li z LL. FQ- W > m z ui i N W F- z (n Z N W X W m O W W W H W = M f�j z z Q z LL. v O IW D U)Z 1> w ~ J W N N W LL WwCn W Cn W W � p W (L Wz LL. Wiz Z_ z U Z!9 W � H 1612 C 4 W m o � O ap f.- O o O O N O co 0 w , r G O O Lo O t N � f� W O In O Il- f.- I- O O O J m Q r� cO M (D rn cA M O i- N M O co "t v_ `t o M co m M co r �- w ~ V ti M I i Q 0 H O N � O (o t1) pip N - O lLO N M O O LO It T- O O W w �' N M N O 'It d M r .- r N J F- U a W a Q W W 0. U) X W W -- -O O O O LO O U) O 0 0 0 0 0 O O d' d O O O In N O Z�N_O Oar D HI W U COIN worn c°n U) W M a o a�F w m g I �DIOz W Z D U a c.) o z > wiz W'p Q W o O 00 O o O o O O o 0 0 0 0 0 4 o 00 U)LUz0 I W Q H O 00 00coo Ooo0oo0000 aW 0 Z Z W W d (, ao M (O N o 00 M C M I N C",! �- N r cU d' o 00 Co (0 M LO M O N o 00 N w N cn oOWWX pj= ti Co fi Z W W w I w + (L W a D z W W U i- Z W p Li U) W F- > ui w W U co w Z J N J Q o O W p }►- a mJU) Jz w iz W W JWF.. WJ�F -U) LUE�- W(~j(n �(� W CL a w�Q�zWNF- �U�-wD W �w� W wC) I- wXUU _ UQ��W J W WF�w�l -°°o -UW =z20a o z Z W J ��¢z F-- �IQOMwQa cnwUwg k J01- UUzwwC7pa W a > U) C) NQ)�w�°pUVO000�D�U'Z(=i� W W Qry w Q J�I_Q� Z z_ ~Q WwwCLCL mWgW z � W F- W U' (nU� F- O W W co �wZJJ�zztt�r�IL� - - - W Uzz - >- U) ���O)a W - zpF- F- aWIWzjO W' �I W c.� a O C 1612 C J Q J a H 0 O r.- O M '� oo --To— O O O O r o �W to LLJ Z'o W aUja LU x W W I'M M O Z U) O M so O O Z G N D LU U ! N OZ�HI N W M Z IL uj W N cno0? D V Q v 0 z > W O Q LLJ W Z C9 C - - °O °o ,0000 �> G Z W W ° o 0 0 LU Z000�JI Qm Ix I W - - -- d LU W �iW U) N W � F- U. W �a Lu w aO c~' a O a �? wa od W V a Z_ W W H W O Z O D LLJ UJ 00 2 > W O Ix I� LLJ J LU - I O_ iL O 1612 C 4 co T-- w O cc cD LO O O co 00 N M o .— O o O O O o N cD O O Cl o O N O O o tp o O J 00 -1 CD M M M Lc 1� N CO 0 0� (n N N m -= cD N N N Ln M M r CO N N M M M O r r JN Q 0 III Q 0)� Cl) r O O �O Vi M A O O O M O O 00� N �M N J Vi N M N � N M UJ Z LU ui U>Z Q p CL X ~ W Z p z N o 0 oi0 _. O O O 0�,q O O O _- r O O N w M w Lq :i Lo' d W) CL Z G W w w WOO uj U Q U ZI j �Z W = Z = N � W > _ � 0 Jf - W I - -- - _ Q W W F- °o o C) c) C) p °0 0 00 °0~- 0 0 0 0 0 0 0 0 0 0 0 0 0 m Z LL a W W W H W ti O M cD CD N N L r. N C 6C) N CO i CD O 00 O O CD 1[! N N Oi c(Y) M ccc o QOOl N a 0 T- �- O� a��0. Qom w ~ p - - I— � -- - - - - - I - - - w W Q N w ~ O ? U wIL O ui w N >' L JW LU JJ o�agz 2 az O -� UZ za W w g N W �w?� M N w� I` w O� w w U ��wd wWinwc)a W LL WZF-a �� w EZ < 0UZQXZZ�- w w°J WO Z cn �wwUwwF �> - w �O� wOw UgwzzoF- o 0-<p W J -r w E- z w �t _> w Z �ofui< zWDU?OwO 0 w IOOwcnUF- W >!WQW C7 ZI-- =J jU) WJ �H = Q a USof O!wwv)w wwOUw?a0 E- a ILI� Q� w a O U 1612 C4 w J 0 0000O'oo� 010+ 000000 V) 00000000le J OO V* It r-00 r!r.0 0 0Lo! —N0 Jm 00 tO N o w r N N LO' U) r co 1� co M N ! N ' M o r- 00 r co r y C4 LO o t0 O 0000000000 C0 J W W n ti N d N W F- Q a j W U) o 0o0�000i0o00 OOMO,00000000(o W r- rt N Z N CO Ld co t0 j N W m Fes- °o LU V Z N Z W U) W CL Mii2 �'Oi Q w W IO�OOOO�OlO00 o t0 010, o OO'�t o G?0 r. o CA r• r OrO0oo0o0000 o LO o 0 0 0 0 P• w U ! Vr N -i3OO r-ti0 O OLOrNO G N Lu O m N 0 �, Z w 0 00 co LO U-) 0 CO co r� N I rIN ti LO r- LO M r h 00 00 00 M N N O - o 1 i .- r - 00 00 r r 1� 00 M W Z V! W Q m r r r > W O' OI H 0 Olo'OOIOIOloO1000 mC) r. ti `- `c' IO00010O10ot0 W Z Z'w CL W 0 'Q ti J Ln r mCCwQ mvO w Z Q O O,Q �' ! p - -' 0 0 0 0 0 0 0 0! O, Cl 0 0 Cl O o -g o' O 0 0 0 0 0 0 0 0 ~ m CL F- LU W CL a O LO 0000 00'7Nti 00 oO'0 oM COr- N' � M O O 00000 OLA,rNM W CL W j Q O 00 00 LO In O CD M r LO ,r, N r �- e= cM M r N N N N ,- r- O � P- C C6 T N LU 0 QILL T _ F- N W W Z LU U) LU 10 J CL xx WI W Qjw W W > co Q >co z Ww1�lOH } J t7 r'!oNJ =ui0 �iM�UQ~ '(� W� U) Z aaCL z w I H I O- cnvWZ�zW,w'� Q- p. tY 'i, p LU i z rQZ ��z1 Sam O�� (DW�o W ~a K w �?�:)Olz)(DOlu) W;� tnUWZa IW W WwF-� Qlm'cnW dI W(>U J ,.. (nIF- 'dF-2' IDZwW000QQ'�O iWW'U- N W �w��[U US ~W'0 -wUj ZZILLLLiQ �,F =F-mm� Z 0 F -���i� a LLJ (�J W,��IzQ1zZ0 fr W Z LZwWXIIXIXOO Q 2 LL WW�OW LL W x ZDZ�'��'aUW wX OWISOU JCL WI x mfA(n(A� LL L.L LL -}'F- Z Z��QIwXZZ�X!W a W C� 04- L LU U) �,U W W�ZZZ�I� Z,cr W- Z to LU W� ��� Q —WLLJ �XU CDC QQW Z -- m0z2zn- Q F- OW wI~� F- � ,�S!0� O'- UJID(D F-I,S S <X'F- F- F- UIUZ W w CL 0 omxoaU Omm � w C4 1612 C 4 CD W O 0000 O O (2 O) m O 0 O 0 O 0 O 0 O Cf 0 m m J 0 0 It d; (R f� N m O U) O Q L C7 O r (D tZ (n O ('7 LO N (V O - I, :L± i a O O 0 ac in CO) O O O O (0 LO 0 0 �r aWw x } W 0000 000(moo000W Z 0 W U LO M M N 0~D CO) w U sz r LO W 00 Z ~ N D J 0 I O Zr- U Z N > W ch ' d!m >- m W GwWp -- 0 O - - O M O' -- - -- W - - -- O CO) WZI-�� 0 ZC9 W �- n:C4(a �ornoL°nM �.-� >QUO�� m w° D �' ° co W Vi W z W OO100 O)OIcMO'00� co Q W Z j Q I M m W Z 0 G ! c d 0 0 m y v H LL wwa0Cl z w IL �-- 0CDC) °o o _. o °o (L N UJ w O o i000°OI ,CO f` M d1 O to O w 0 U. w 0. O 0 0 Lcio(6 C'� 'l, .-04 C") ° N ~ 00 N 7 �- qe N a Q m W g I Z LU U) U H � j(AWWW W �� W N W - C d. M M J (� W - W a. o zzQzz� -) F- -jLU ' �z z LL 0�0 - -mot- cnw=) � F- CL 000 ZLL F--� w ��� nW. Z -J F- 0 CL 4zA D IY- wW w w�OU' dUWOOH 0- CL W w wzzz LLU-- U- C9 zz_w���� W W C� X99 ~ W I- W W N = W �F F- F- Ww�0020 Z<F-F- Z H - F- w O 1612 C 4 W 000 0 °� o mJ Q in p Lq cD cc M o JJQ O pp L9 Ap 1A C1 0 0 O p N 0 0 0 0I LO O J i/i W C ti N Q,= LU Z O VII% Qlw Z a x > N _ _.__. G O O o C) 0 0 CD 0 0 U) W Z N 0 � c'i M w V > q Iul w. LL Z ~ N N W � M Z W _ C IL W W Ir W m Z � o00 O O 1 0,0 M' O- �i O O �C) uj 0J pW w� L 00 W co LO rn rS �I v �Q�CL w LO � °�' o > � � 0 o a) } � 0 CC) 0 It- CF) IXI Ip W v 0) Z Q 0 0 a m Q v 0 UF-WZ W W W a W' °do ° °o In w °o °o°OO ° a, H O 0 a W p U') � O o o ° p CD O °a coo LO co W) Co I o L CD U) CL CO - - w m W W Wi Z ~ > U, w 1w IOC -j W U X V = CL H Z z W w Z Z (� Z U) H'<Z W'Z) m(n� ui I- Lug G. W F-O W a C7�l p -Z<o Z �< x' w - W0ODUC�FQ- =Z< LL, wWw zZUJ }O Cf) �IZ4''I -�0 Wj<2 W O w3:OCLU LU' 1612 C 4 1612 C 4 N N LLJ' CD CD a 00 a 00'OMO'OOd'00001+ CD CD Otf! Or- (nOM 000!00 M m N r M r Ch r 't co In r- I 00 't O CO W Q O �- r- 0 (D r- � 00 �_ O ' 0 ~ N 1 CO O MI CD L CO 0 - 000'0000 000000000000100 _ W J W fp 00 pZF- j V � Z j Q UJ W �a w 0000000 000OI, 000tn000d - - 000 Ow W �- (D O 00 Z � N I Off W p W� Z O ~ccm0 w Z O p O 4000r Z W U - p -o0ti �ooO00000000000 0 0 _ F W p0 N O M O gn 1f) In N (D M O LO N 00 X r, 0 0 W) It 0', (D W) p W W U Ln p O N �- �-O ' C6 C6 �N N_(Dd' O U) J3 0 ' W .- r r• rlt O M LO m >w0aF- -' -- -- O O - o r, o O r. O O - o -- 0 - 0 00 - -- 0 0 0 -- 00 - O O o 0 L+ (!j Z Z Q W � O � M O M M O i' > W Q Z N p w ct L 0 CD 0 M Dr (D to O 00 mLLpU W F- i CD tp M .- O ImUO Lu LL U o H LYOr f 0000, 00 000 - -1 000000o00O000 ,J W Z W W LY W W a a N C- C:) CD �t '', O C) M C) O tf) U-) tt CA co to LL L�iJ a 0O N (D W) ' MM NM Mt�' ti QW f. l p p Q, W W Z UA U) U > �(wn0�W U) Z W ZI 9 w III Z w F- d W � x w X H J �0 ��I'',¢O�� za JAW J W J U O0 >xI F- 'W wZI ~a Z I w U z Z ~'� F- a a w z (n '¢UJ� <(n (n -� � OH z1� v� cnVLYwIw QWImcn¢ =OwF-w n Hd cr- �zOOOw w > U) m0x2(DU) z OXod 0 0 � a Zl'�° °� z w w w �` (~� �'F- cn :5 P `= w a (z—nn w �' M,LL � ~ WIW U`4 ? �-~ (n w ¢ ¢ w d' (DF- Q U' U)V Z i= ¢ wZZ z w w�� w z ZIo x z W¢ w= w x d,9 0 0 LL Wm0 O w O LL LL IZ) X0ZLLJ< W,U'¢ niova>- W¢ z 0 t-'i - w LL O (n t/) Z m ~ Z Y Z w F- V Z J cr mI~ ~> Z w w W U) W - E> � I(7 W U� 2 x �'CL z z w (D �- d W m U' U' W Q (n Z (niW ¢ ¢;w WI,z 10 F- ¢ �[ U W O F- J W W_¢ U U a o w F-' cn J J J 0 0 0 m m 0' � 4 N N PRESS RELEASE Building F, 3rd Floor FOR IMMEDIATE RELEASE 161 Commissioner Frank Halas District 2 Collier County Government Complex 3301 E. Tamiami Trail Naples, Florida 34112 Tel: (239) 774 -8390 Fax (239) 774 -3602 ATTENTION LOCAL MEDIA Collier County Commission Vice Chairman Frank Halas, District 2, continued his ambitious battle on behalf of Collier County residents to soften the effects of the Growth Management Bill by taking it from the local boardroom to a statewide forum last week. Commissioner Halas traveled to the Florida Association of Counties (FAC) 2005- 2006 Legislative Policy Committee Meetings Oct. 5 -7 at Amelia Island where county commissioners from across Florida met to formulate the official legislative FAC platform that will be finalized at a FAC 2006 Legislative Conference Nov. 30 -Dec. 2 in Stuart, Fl. Released at the conference was a well- received report by the FAC Growth Management/Impact Fee Advisory Work Group, which Commissioner Halas actively participated in with commissioners from several other counties in meetings during the summer. "I am pleased to say that our summary generally addresses Collier County's concerns with Senate Bill 360. It gets at the problems with the Growth Management Bill. But you have to realize Florida is a state that has counties with 67 different personalities. There is no one size fits all. Those counties that are not addressing growth as progressively as we are do not have the concerns we have. Collier has a stringent concurrency management system in place. And FAC recognizes that counties like ours shouldn't be penalized for being progressive," said Halas. e C4 1612 Cy During the work group meetings in July and August, Commissioner Halas presented Collier County statistical information compiled by the Community Development and Environmental Services Division that included a summary of impact fees versus building permits from 1999 through 2005 (projected); a graph depicting impact fees, building permits and median home prices; a series of graphs showing total impact fee collections; and graphs depicting building permit activity. "The commissioners were so impressed with the data and staffs comprehensive presentation of the relationships between the figures, that following the meeting several commissioners called and asked me to put them in touch with CDES staff who were responsible for compiling the information so they could duplicate the reports in their own counties," said Halas. "I have to say I was honored to be among a group of commissioners who were equally passionate about the effects this legislation may have on their communities." (more) (2) In their final report released at the FAC conference, the work group wrote: Concurrency • Supports more restrictive concurrency standards, as provided under SB 360. • Supports county efforts to impose, at its discretion, a more restrictive concurrency review process - e.g. "real time" concurrency or equivalent. • Supports the use of the proportionate share payment process. However, it opposes the mandatory proportionate share process outlined in SB 360. • Supports legislative action that would delay the implementation date for counties to adopt a proportionate share ordinance and, in the interim, require legislative review of this process. • Supports a modified proportionate share process that allows counties to specifically identify which roads in the 5 -year capital improvements element (CIE) are candidates for proportionate share payments. Capital Improvements • No specific opposition to the new definition of "financial feasibility" and its application to the CIE. No specific objection to compliance date of December 2007. Schools 1612 C 4 • Supports school concurrency. • The roles and responsibilities of the county and school board do not need to be clarified; these can be addressed in the interlocal agreement updates. • The existing concurrency requirements for schools are different than the requirements for other infrastructure facilities and should be modified. • Expressed concerns regarding how school capacity is measured and how level of service will be agreed upon by the county and the school board. Intergovernmental/Regional Issues • Supports the existing Development of Regional Impacts (DRI) requirements and no changes recommended. • Opposes unilateral DRI exemptions for any county because by definition a DRI will impact more than one county. Infrastructure Funding /Impact Fees • Supports unanimously that counties should not negotiate on impact fees; that this is a home rule funding source that counties have successfully fought with the backing of the courts. Impact Fee Credits /Proportionate Share • The work group did not reach consensus on how to address the issue of impact fee credits under the new legislation. more (3) The ramifications of the Growth Management Bill are very important to Collier County not just today but into the future," said Commissioner Halas. "We have worked too hard to get where we are. Our county is a premier county in which to live, work and play. That's why everyone wants to join us here! But if we don't continue to balance growth with infrastructure needs, and also strive to preserve our natural resources, we will ruin all that brought us here in the first place. I just feel I need to do what I can to protect Collier County on behalf of my countywide constituency." Although he is not a member, Commissioner Halas also attended the Sept. 23 meeting in Orlando of the Governor's Impact Fee Review Task Force which is open to the public. f "I was pleased to see the turnout of county commissioners who gave a strong message to the task force: If you take away our impact fees, we will say no to growth, no to development," he said. "The momentum has indeed changed. It was obvious to me that it is not just Collier County that supports impact fees. There were representatives from both large and small counties." The next meeting of the Impact Fee Review Task Force is in Tallahassee on Oct. 31 and Commissioners Halas, Coletta and Fiala plan to attend. For more information contact Commissioner Frank Halas at 774 -8097. 1612 C 4 T M7 IT, &_ 0 NOV 1 7 2005 Board of Counter Commissioners PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, NOVEMBER 9, 2005 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB - COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY NOVEMBER 9, 2005 at 1:30pm 1. Roll Call 2. Approval of Minutes of the September 7, 2005 Meeting / 3. Audience Participation /'/— 4. Clam Pass Inlet Fiala 5. Beach Renourishment Ha,las 6. Clam Bay Hurricane Damage Henning _ 7. Annual Report Status Coyle _ -�•� -- 8. Committee Requests Coletta 9. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE 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. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597 -1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay - located in the County's District 2 Misc. Comes: Date: Item #: Copies to: 1612 � CLAM BAY SUB - COMMITTEE MINUTES — September 7, 2005 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 7, 2005 at 1:30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M. James Burke, Chairman Mr. John Domenie Mr. David Roellig Donald Spanier (late arrival) ALSO PRESENT: Three (3) Seagate residents; one (1) Pelican Bay Services Division Board Member; Mr. Tim Hall, Turrell & Associates; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the August 3, 2005 Meeting 3. Audience Participation 4. Beach Renourishment- Revised Bid Tab 5. Coastal Advisory Board — Inlet Policy 6. Clam Pass Park Mangrove Area 7. Clam Bay Annual Monitoring 8. Committee Requests 9. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the record reflect three members present and Mr. Spanier with a late arrival. APPROVAL OF MINUTES OF THE AUGUST 3. 2004 MEETING Mr. Roellig moved seconded by Mr. Domenie and approved unanimously, the Minutes of the August 3, 2005 meeting. AUDIENCE PARTICIPATION Mrs. Martha Dykman — Seagate Property Owners — "Thank you for inviting us to your meeting ". A number of you remember me from prior years when I appeared before you on this same issue. I know you are in the seventh year of your ten -year permit for the system and the people of Seagate would like to be more involved this time around. We would not mind being on the taxing district with you, however, we are in the City and this is a County MSTBU. We could become a City MSTBU in order to help financially. We think that it is a good situation that you 529 1612-C � Clam Bay Sub - committee September 7, 2005 can use Tourist Tax Money to dredge the system; we are very supportive of that and think that it could be done on a more regular basis. Our end of the system has not been dredged and we notice that there has not been much flushing, the system is very dirty and we don't see as many fish or as much wildlife as we used to. For that reason, not just navigation, we would like to see it dredged more often and not just wider and deeper. Not just the pass, but further back and if the engineers feel the shoal should be dredged, we don't have a point of view. Whatever keeps more water coming in and a better flow is what we want. Mrs. Dykman continued, "We would like to have the Seagrass beds marked so that they are protected and navigation markers placed in the system to keep them protected ". We have seen manatees come into the area. At low tide, the way things are now; even a canoe or kayak can get stuck on the bottom in the lower Clam Bay area. Not talking about boats or anything else, if you come in there in a canoe, at mid to low tide and you get stuck, you get out and start walking around and you might be dragging that canoe through the Seagrass beds. We would hope that some of your studies would show where we should be protecting the system, along with dredging for flow. Mr. Domenie asked, "Are you talking about Lower Clam Bay or Outer Clam Bay "? Mrs. Dykman replied, "They are one and the same ". Some people call it Lower Clam Bay. Mr. Domenie replied, "On the map, it is Outer Clam Bay ". Just so we know what we are talking about. Mrs. Dykman stated, "We noticed that our last canal, where the culverts are located, has really filled in and we don't know if it started when the flap valves were there or why ". We have talked to Turrell & Associates about this before and they have done some aerials, but it has been building for some time, so we are seeing that area fill in where it used to be a nice deep canal. We know that we could become a taxing district and that could be our responsibility for dredging, but we need to understand the flow and not leave off that end of the system the next time the 530 1612 `4"C 4 Clam Bay Sub - committee September 7, 2005 studies are done. I think you have gone past the bridge and that was the end of it because you only had so much money. We are offering to be a part of that and also offering to help pay for it. Mr. Domenie asked, "When you say "we ", are you talking about the Seagate Association "? Mrs. Dykman replied, "Yes ". Mr. Domenie asked, "Have you noticed any difference with or without the flap valves "? Mrs. Dykman stated, "We felt that with the flap valves we were seeing the water go higher and we did see more wildlife ". We had not seen manatees for years and all of a sudden we started them in our waters. We don't know if that was a fluke where the sea grasses were healthier and that is why the manatees were in there. Now that the flap valves have been removed, I have not seen manatees in that area, but Mr. Sullivan has said that he has seen some. The plan was that Pelican Bay was going to do testing on both sides of the culverts and a year and one half later they forgot to do the testing. The Moorings Bay Taxing District said, show us where you have been testing, we want to see if it has hurt the system with the flow valves or not. At that point, Mr. Ward said, the heck with it, just take them off. We had not heard if it and helped or hurt, but Mr. Ward's reply was that he did not care, take them off. We never did find out if it was detrimental to the system, because there was no scientific proof one way or the other. Save the Bays had been doing testing in the Outer Clam Bay area for years, but that year they had gone to quarterly testing instead of monthly. We have what Save the Bays had to say, but we don't have the testing on both sides of the culverts. Mr. Domenie stated, "I don't think that was a decision of Mr. Ward's, but a recommendation that was made to this Board by Humiston & Moore or Turrell & Associates ". Mr. Hall stated, "It was actually Turrell & Associates that recommended removing the flap gates ". It was verified by Humiston & Moore that it would not have a detrimental affect to the pass itself. Mr. Domenie stated, "This was not a unilateral decision by Mr. Ward ". Mr. Burke stated, "It was a topic of discussion at almost every meeting for a while ". 531 1612 Clam Bay Sub - committee September 7, 2005 Mrs. Dykman stated, "There was no scientific proof and Mr. Tackney, who did the scientific study for the system, had sent me a letter saying that there were three reasons to leave them on and no reason to take them off'. I brought that letter to this Committee and Mr. Ward said, "We are taking them off and if you don't like it, sue us ". That is how that played out. The flap valves didn't work and nobody came in to adjust them so that they would work. The company that built them did not come back to look at them to see why they were not functioning. The clips were so tight that there was not enough water to push them open. We never did feel that they functioned correctly and whether or not they could have been adjusted so that they would have helped both sides of the system, again, we will never know. Mr. Burke asked, "Where is that located "? Mr. Domenie replied, "The canal that runs from Outer Clam Bay to Venetian Bay". Mrs. Dykman stated, "That area has filled in and we don't know if it is when the flap valves went on or it could have been the flow when mitigation was done in there ". We never see clear water in that system any more, even at high tide. Mr. Burke stated, "In terms of maintenance, our permitting goes to where the mangroves end, is that right "? Mr. Lukasz stated, "It is the entire mangrove system ". Mr. Roellig stated, "I would recommend that we accept the offer of our neighbors, because I think they are very concerned about what is going on here ". Even though it is a year or two away from our going in for a permit extension, Seagate should be involved. Mr. Burke replied, "I agree ". There is a lot of opportunity. Dr. David Buser, "We are under the impression that the current management plan is expiring and that a new management plan would need to be put into place shortly ". What is the time line? Mr. Hall replied, "The current permit expires in 2008 ". Next year is when we were going to start putting together the information. 532 C 4 1612 C 4 Clam Bay Sub - committee September 7, 2005 Dr. Buser stated, "When I look at it, it is hard for me to figure out who is the entity that makes the decisions of what goes into the plan. How is that comprised? Is it solely individuals who live within the community of Pelican Bay, or is anyone on that committee from an outside community? Mr. Roellig stated, "To turn the clock back to 1994/1995, when Pelican Bay went to the County, they told us to solve it ourselves'. Therefore, we taxed ourselves to do the studies and get the permit to do the work. In that sense, the funding has all come from Pelican Bay. It is not something that we necessarily wanted to do. There were no alternatives, because the County would not participate. Dr. Buser stated, "Looking to start this dialogue, let me say that we think what has been done has really helped the system ". I owned property prior to the last dredging project and there was a huge change and we are all happy with that change. Having analyzed the history, based on the information that I find available, and correct me if I am wrong, in the original PUD for Pelican Bay there is a certain amount of wetlands that were removed and a certain amount of wetlands preserved. In order to get the PUD, one of the requirements was to maintain that area. Whether the County should help in that, we feel strongly that they should. We feel strongly that the area is no longer an area solely impacted by Pelican Bay, but is also an area that is a major public amenity, with the pass, park and beach. Since that is a general public amenity, 1 truly feel that the County needs to help out with that. We would like to have some involvement in the formulation of the new management plan, because we have the water running right behind our homes. Everyday that I look out, I see the water, so it definitely affects me as a property owner. When I analyzed the Plan and I look at the history of the correspondence, the Plan had some problems that created problems for us. One of them, at least for purposes of the Plan, is that the system is designated as non - navigable. One of the big struggles preceding the writing of that Plan was to prove that navigation occurs in the system on a regular basis and has occurred long before the Pelican Bay PUD was ever applied for. Feeling through the letters from the FDEP and different attorneys and landowners, we felt that issue of non - navigability was not going to be 533 1612 -C 4 Clam Bay Sub - committee September 7, 2005 an issue. What happened was that it came out as a non - navigable system in the Plan and that language has been looked at as a reference point for the application of funding to maintain the inlet and to do other activities in the system. We feel very strongly that it would be much more difficult to prove that it is non - navigable than it is navigable. We feel that the Seagate neighborhood needs to be involved in the formulation of the Plan as you go forward. Dr. Buser continued, "The other thing that I have a problem with, is trying to find any information regarding some of the studies that have been done in the system to analyze what the outcomes of different interventions have been ". I missed part of the conversation on the flap valves, but one of the issues regarding the flap valves is that there were going to be some studies done on the valves once they were in place. We have not seen those studies; I can't find them and would sure like to know how to get them. I believe that part of the permit for the placement of the valves included water sampling; bottom studies and a number of things that we don't even know were ever done. The other thing, is that there is a lot of correspondence that went back and forth between FDEP, Dr. Steiger in the City of Naples and others, regarding the sea grass beds in lower Clam Bay and what great assets they were to the environment, but we have not been able to find any of the monitoring of that. For a community that is impacted by the system and basically living on the system, we would love to be involved in what is happening to the environment in that system. One of the things that was mentioned in the correspondence was creating a path, if you will, for what small amount of boating activity that does occur in the system, to try to keep it out of sea grass bed areas. We don't even know where those areas are. There are a number of individuals in our community that would love to be involved in any restoration efforts In those areas, if they still exist. I am assuming that they are being monitored, but we don't know where any of that happens. We feel as if we are down there in the dark, always looking to the newspaper to find out what is happening next. Even safety issues such as signage in the pass has never been implemented and is clearly recommended in the Management Plan. The danger to swimmers in the current was all noted in the Plan and was also something that needed to be signed properly. With the recent ruling of the Florida State Supreme Court that 534 1612-C Clam Bay Sub - committee September 7, 2005 municipalities were responsible for swimmers that are unsigned, it really puts the burden on those individuals that are applying the standards in the Plan. I would almost say that if you are on a Board looking at that Plan, there might also be some liability issues that come upon you for not acting on those items. Some of those little details that have been overlooked may have been overlooked because you need a different perspective in the group of individuals who are looking at the Plan. My perspective is from someone who will take a kayak out through there or maybe a small fishing boat. The signage in the pass is a real issue and I have brought that issue up to the County a number of times and have educated those members to those hazards. We are at a loss as how we can get involved in the process and how can our rights as property owners be addressed in the future plan? Mr. Roellig replied, "The first part of the discussion was on the navigability of Clam Pass ". I don't recall that specifically being in the Plan, but regardless of whether it is in the Plan or not, for regulatory purposes, it is clearly navigable because when you do improvements in that area you need an Army Corps of Engineer Permit. As far as I am concerned, that is clearly not an issue. As far as being approved for navigation, that is another story. Mr. Roellig stated, "As far as monitoring, we have a yearly report that comes out in December and we will be getting one this December ". It goes into the topics that you have discussed and I am not sure if we have any extra copies from last year or not. It discusses the Seagrass beds and the monitoring from year to year. This is part of the permit requirement and is sent to the State, but we never hear anything back. It is available and it is a public document, but whether or not we have extra copies from last year I don't know. Mrs. Smith stated, "I would have at least one copy in the file ". Mr. Hall stated, "Last year was the first year that it was provided on a CD- ROM ". Mr. Roellig stated, "It would be relatively inexpensive to make a copy of it on a CD ". Mr. Sutphin stated, "if I recall, the Board passed a policy that a CD -Rom is basically free and if they want a hard copy there was a cost attached to it ". 535 1612 ",W, C 4 Clam Bay Sub - committee September 7, 2005 Mr. Roellig stated, "It is a public document and we could not keep it a secret if we wanted to ". It has history on it for the last four to five years. I have no problem in working with the folks in Seagate because it is a mutual, enjoyable attribute to our communities. After this is over, I would hope that you stay around when we talk about beach renourishment because I have some thoughts that also involve the Seagate community. Hopefully, we will get to that very soon. Mr. Domenie asked, "What is the tidal range where you live "? Dr. Buser replied, "It is approximately one to one and one -half feet ". Mr. Domenie stated, "You should have terrific flushing because we are getting three inches in Upper Clam Bay ". Mr. Roellig stated, "That is an additional three inches ". Dr. Buser stated, "I have been all the way to the Upper Bay in a kayak a number of times ". Seagate has dead end canals and gets the same slug of water back and forth. When you look at if there is an exchange of water, I don't think you can solely look at how much the change is on the seawall to make that determination. Anything that increases circulation in the bay and canals, we view as a huge benefit. Mr. Carroll stated, "There was some implication that the County did not contribute much to the maintenance program, but in our coming budget it amounts to approximately $245,000, which they pay ". We should not feel that the County is not contributing anything. Dr. Buser replied, "When I look back at the correspondence that I have in our file, and I inherited a huge hodgepodge of everything, I understand from Pelican Bay's perspective that at the time there was a crisis. Nobody can move fast enough when they are in a situation like you were in the formulation of the current Plan and I didn't see any tremendous outreach or documentation of a tremendous amount of support from the County to fund that effort. There may have been some County support that occurred, I would not want to say something bad that the County is not contributing, because I don't know those figures. The feeling was that you had to step up and handle the move. Mr. Domenie stated, "Basically, the County is paying for the monitoring ". 536 16127C Clam Bay Sub - committee September 7, 2005 Mr. Carroll stated, "As an example they pay for the biological monitoring, hydrographic monitoring and water quality reports ". There are about ten different things that we do, which get reimbursed by the County. Dr. Buser stated, "We would like to be involved in any push towards distributing that funding more equitably with the County". We get affected by the health of that system and when we come out there, what I see at the park is the beach erosion issue and besides that, I see beach chairs in the Sea Oats, I see people climbing all over the mangroves. When I go to one of the County meetings about this, the answer is that they send an officer down there once every three days. Once every three days is not addressing the problem. The more people that use the park area, the more it becomes an environmental issue that needs to be addressed in some form. I think it can be addressed in the management plan. Dr. Buser continued, "We would like to get to a point where we are reaching some common goals in the system and that we are involved in the process ". Mr. Burke stated, "We can mail that disc to you ". Dr. Buser stated, "When I am in the Marco Island area and go east of the bridge, they have the Seagrass beds marked, which tells the people not to enter them ". There may be opportunities for things like that in this system. The preserve is beautiful now, but it needs to be maintained as a treasure for the entire community. Mr. Burke thanked the Seagate group for their input. Mrs. Dykman stated, "Dr. Buser touched on it, but we have gone to the County trying to block the parking garage ". The County wants to put a parking garage right behind our homes. I have gone down to the beach at Spring Break, because I am saying that beach cannot handle more people. I took my digital camera and started shooting photographs from Gulf Shore Boulevard, up the beach at mid -tide and there was hardly any beach. The next day at high tide, there was no beach and water was all the way up to the Sea Oats, people were sitting in the Sea Oats and taking their wet towels and hanging them on the Sea Grapes. Then, as I kept coming, the Registry Resort was throwing umbrellas into the Sea Oats and people were taking their chairs 537 1612-C a Clam Bay Sub - committee September 7, 2005 and putting them on the roots of the black mangrove trees. The teenagers were all jumping off of the mangroves and breaking the branches, which you see on your side also. I also got a picture of people skim boarding on the mangrove roots. At the time, the County was not picking up the trash and all of the trash was still there. Now, they have a deal with the City of Naples where they pick up the trash all the way to Clam Pass Park and the area is a lot cleaner. That system is already too full of people and the damage they are doing to that system, with no monitoring from the County, is something we all need to be working on. They are not going to eliminate people from using the beach, but they need to do it responsibly, which is not being done. Our boats are not a problem to the system; it is the overuse of the system. I don't know if any studies are being done about how many mangroves are being broken, but if you go out on the boardwalk to Clam Pass Park, you are starting to see dying mangroves. I don't know if anyone is reporting that, but at first there were three or four mangroves affected and now there are more. Mr. Domenie stated, "Yes, three months ago work was started on that area ". A new channel was dug so that the waterway under the bridge gets flushed. Our main concern is at the north end of that channel that dead -ends where the old Clam Pass was. Mrs. Dykman replied, "Good, I am glad to hear that ". Mrs. Dykman asked, "What kind of mangroves are dying in that area "? Mr. Hall replied, "Most of the trees that are dying are Black Mangroves ". Mr. Burke stated, "Our working somewhat closer together should be step one ". We will do our part in starting with that disc and then we can talk from there. Feel free to attend our meetings. We try to have the Clam Bay Sub - committee Meetings every month, prior to the Pelican Bay Services Division Meeting. BEACH RENOURISHMENT- REVISED BID TABULATION Mr. Burke stated, "Mr. McAlpin, the County representative is supposed to be here today, but is not going to be able to make it until approximately 2:30 P.M." The State FDEP came down early for tomorrow's workshop and wanted to get together beforehand and he felt it was best that he did that. I will start by saying that we all got the same information and to be sure that we are 538 1612--.0 4 Clam Bay Sub - committee September 7, 2005 on the same wavelength, the County's new bid price for the beach renourishment project is approximately $18,500,000. Is our share under this new bid just under $10,000 less than earlier projected? Mr. Lukasz replied, "Yes, approximately $10,000 ". Mr. Burke stated, "We are now $1,001,574 ". Mr. Domenie stated, "We are $160,000 short". Mr. Roellig stated, "I have been an advocate of beach renourishment and Pelican Bay participating in this renourishment ". When I look at this revised plan, I find that the reductions are north of Seagate. They have reduced the area, from Park Shore north to Clam Pass, from 45,000 cubic yards to 25,000 cubic yards in the park area where everybody claims there is so much erosion. They have reduced a total of 37,200 cubic yards in the stretch from Delnor- Wiggins State Park south to Seagate. Pelican Bay has offered to pay for approximately 37,000 cubic yards of material. I personally do not accept this reduction of renourishment in our area. Virtually all of the reduction is in our area. If they think that I am going to support the people of Pelican Bay spending $1,000,000 to place 37,000 cubic yards of sand on the beach, when they reduce our area by 37,000 cubic yards, they are badly mistaking. I am absolutely opposed to our participating in this when they are making all of the cuts in our area. Why are we paying for 37,000 cubic yards, when they cut 37,000 cubic yards? They talk about the problems with Clam Pass Park and what do they do, they cut the renourishment to it. As far as I am concerned, this is absurd. The Coastal Advisory Committee has apparently approved this and is ready to send it to the Board of County Commissioners. As far as I am concerned, it is a non - starter and I think this is an outrage. I don't know how others feel about it, but it is ridiculous. Beyond that, with the Inlet Management Study, they want to do more dredging and what sand we would place there will just go to fill in their hole. As far as I am concerned, I no longer support spending $1,000,000 to put 37,000 cubic yards on sand in the area ending at R -37. Mr. Sutphin asked, "Was the reduction based on a revised profile or any other engineering input, or was it an arbitrary decision to move money around "? 539 1612 C Clam Bay Sub - committee September 7, 2005 Mr. Roellig replied, "The County has been scheduled to come to this meeting for three months in a row and they are still not here ". This story about having to meet with people, I don't buy any more. We are a $1,000,000 contributor and they have ignored us for three months. I have no idea what their plan is, other than the fact that the quantities that they are planning on now and what went out for bid; it is obvious that they are cutting 37,000 cubic yards out of our area. Mr. Sutphin stated, "At the last meeting there was a discussion of a new beach profile ". A new profile could subtract from the amount of sand needed, but to your knowledge that new profile has not been completed? Mr. Roellig replied, "I have no idea how they got to it ". How can we know when they will not come to our meeting and inform us? Mr. Domenie stated, "The statement was made that in September they were going to do a new beach profile to answer the final questions ". Mr. Roellig stated, "They have cut their quantities before the profile ". The profile has not happened. Mr. Sutphin stated, "There has been a major storm since they were supposed to have taken the profile and to me that would be like last month's newspaper ". I am a trusting person, but I think they are trying to send us a message. Mr. Roellig replied, "I got the message, okay "? I think this is an outrage. They talk about the erosion at Clam Pass Park and they cut the renourishment from 45,500 cubic yards down to 25,000 cubic yards. They cut the area around the Ritz Carlton about 2,000 cubic yards and they cut the Vanderbilt Beach area by close to 14,000 cubic yards. When you place sand it does not stay where you put it. Our beach is in basically good condition, but as good neighbors we have been willing to go along and participate in this renourishment. If they are going to play us for fools, as far as I am concerned, this is out. I don't know how they are going to explain it; but they have not tried to explain it. I listened to a tape of the Coastal Advisory Committee and they did 540 1612 C y Clam Bay Sub - committee September 7, 2005 not talk about this at all. All this says is that we made a reduction and this is it. Well, song, I think it's time that we made a reduction too. Mr. Domenie asked, "Do you know if the County has the money for this project "? Mr. Burke replied, "I read where they are going to have to go to the State for funds ". Mr. Roellig stated, "The County will get money form the State ". Mr. Burke stated, "Mr. Roellig, will you walk me through the bid items "? Mr. Roellig replied, "Item #4 — R- 22.5 -R -31 is down to 95,337 cubic yards from 109,000 cubic yards ". Item #5 takes us into the Ritz Carlton area, which went from 63,000 cubic yards down to 60,000 cubic yards. The big jump is in North Park Shore from R -43 to R -48 where there was 45,000 cubic yards, which has now been dropped to 25,000 cubic yards. Mrs. Dykman stated, "What Mr. Pennington told us, was that the bid was $25,000,000 and they don't have the money, so they had to cut something ". Their logic is why should they pay for sand to be trucked in when the Management Plan says that you are supposed to take sand out of the passes and put it on the beach. Sand from Wiggins Pass would go to the Vanderbilt Beach area and the sand from Clam Pass would go to the Clam Pass Park area. That's where he felt it should come from, instead of buying sand and trucking it in. When they had to cut money, they decided that since there was sand there, use that sand. Mr. Roellig stated, "They haven't made any significant cuts in the City of Naples ". Mrs. Dykman stated, "This will be the second time that the Clam Pass Park area has not gotten renourished ". Mr. Roellig stated, "In my opinion, to renourish that area out of Clam Pass is going to be several years away ". They have to go for permits and in the best case scenario a permit takes a couple of years. In the meantime, I am not going to go along with expecting the people in Pelican Bay to bail them out. Mr. Burke stated, "The bid is now down $2,000,000 and it was essentially accomplished by removing yardage ". Mr. Roellig replied, "Yes ". 541 1612 4 Clam Bay Sub - committee September 7, 2005 Mr. Domenie stated, "Also through beach tilling ". Mr. Dykman stated, "They are also going to sieve the sand right on the barge, which helped lower the cost ". Mr. Domenie stated, "I don't know if you were still at the meeting the other day, but the question of how much sand is in Clam Pass that could be used and nobody has an estimate of that quantity ". Dr. Buser stated, "They did allocate money to fund a study for that estimate ". Mr. Roellig stated, "The study is grossly under funded ". They are only going back five years and a mile either way. When I was with the Army Corps of Engineers and I did a number of studies of impacts of navigation channels on adjacent shorelines, even then in the early 1970's we had to spend $75,000. 1 don't know what you are going to get for $35,000, but I am sure it is not going to be much. It needs a more in depth study than what is proposed. Mr. Domenie stated, "There is also $4,000,000 for hard bottom mitigation and monitoring for a period of approximately five years, which does not show up on this page ". Mr. Roellig stated, "My problem is whether or not we want to go forward with this project ". As I have said a couple of times, if they can't come up with the extra $2,000,000, 1 don't think that we should be coming up with $1,000,000 to cover the shortfall in this upper area. I think they have a responsibility to fund this project. One of the reasons that I am no longer on the Coastal Advisory Committee is that I told Commissioner Halas that the funding policy that the Commission had passed was going to end up in a train wreck and here we are. Mr. Burke stated, "What is the impact "? One of the things we had talked about last meeting was less sand and we said no, we didn't want to do that. Mr. Roellig replied, "Yes, but they are willing to do it ". Mr. Burke stated, "What would the impact be here "? What does that do to the overall value of the renourishment? It didn't sound good last month to do it. Mr. Roellig stated, "I have some suspicions, but I have no hard information ". Mr. Domenie stated, "We were concerned about reducing the final profile or the length ". 542 1012 C 4 Clam Bay Sub - committee September 7, 2005 Mr. Roellig stated. "Ultimately, we decided to come up with the additional $170,000, which they apparently are not willing to do ". Mr. Burke asked, "Have they have reduced the profile "? Mr. Roellig replied, "We don't know that ". Mr. Domenie stated, "When this was being discussed, they said that if you want less sand, it is going to cost more per cubic yard and now they are giving us less sand and they have reduced the cubic yard price ". Mr. Lukasz replied, "That was due to the screening process ". Mr. Sutphin asked, "Is there anything wrong with the Board simply suggesting that we reduce our commitment by the percentage by which our sand has been reduced "? Mr. Roellig replied, "In my view that would be 100 % ". They are reducing the cubic yards by 37,000 and we are proposing to pay for 37,000 cubic yards. If they are going to take the cuts out of us, and I am not talking about Pelican Bay, I am talking about the area from Seagate to Delnor Wiggins State Park, why are we taxing ourselves to try to mitigate what they are doing? It makes no sense to me. We are in good shape in Pelican Bay and I just think they are playing us for a sucker, that's all. Mr. Burke asked, "Do we have the option of bailing out "? Mr. Roellig replied, "We have the option of bailing out, or they have the option to come up with what they designed ". Mr. Burke stated, "This started two years ago and this plan is no where near what it was then ". Mr. Roellig replied, "Not the costs ". Mr. Domenie stated, "I sent an e-mail to Mr. Lukasz asking if he knew, but he said Mr. McAlpin would have to answer that question ". I asked, that with the destruction in Louisiana and Mississippi is the equipment coming from there and if so, is it now going to be used for the emergency in that area? Perhaps he will say that the entire project is off because the equipment is not available. 543 1612 C 4 Clam Bay Sub - committee September 7, 2005 Mr. Burke stated, "We need to be in a position to make a recommendation to the Pelican Bay Services Division Board on this issue ". Mr. Roellig stated, "I would recommend that we hold our commitment in abeyance and only move forward if the County is willing to fund the project as designed during the past couple of years ". I don't believe the Pelican Bay people should come up with $1,000,000 if the County wants to cut sand from this area. I would recommend that we give the County the option to fully fund this project or we would withdraw from the project. Mr. Burke asked, "When you say fully fund the project, do you mean put the cubic yards of sand back "? Mr. Roellig replied, "yes ". Mr. Spanier asked, "Is there any contribution from the City of Naples "? Mr. Roellig replied, "No ". The policy adopted by the Board of County Commissioners provides that sand at 100% through TDC Funds ". Mr. Domenie stated, "That is because of beach access ". Mr. Spanier stated, "With the original plan for Pelican Bay, there were two options ". One was to provide the quarter mile spacing and the other was to pool the requirements, which they did, into the lands that would transfer to the County. That is how they came to have three accesses at the north and south end of Pelican Bay, so that is a bogus argument. I don't understand the equitability of this whole concept, where a great deal of what we are talking about paying for is going into the City of Naples, at no expense to the City of Naples. We are talking about contributing $1,000,000, reduced by some percentage, or to hold back. It seems to me that this is totally inequitable and should be funded by the beneficiaries. Mr. Roellig replied, "That argument has been conveyed and the County Commission has come up with this funding policy ". Mr. Spanier asked, "What do you think the funding policy is "? Mr. Roellig replied, "I don't have a copy in front of me ". Mr. Spanier stated, "No, give me the concept ". 544 1612 C 4 Clam Bay Sub - committee September 7, 2005 Mr. Roellig stated, "The concept is that anywhere there is a public beach access, which means there is some parking, or there is a major facility such as a hotel such as the Ritz Carlton or Registry Resort, they will fund up to one -half mile on either side of the parcel ". That is why the TDC Funds are paying for one -half mile south of the Ritz Carlton Hotel and we are funding the balance. Mr. Domenie stated, "Bay Colony is getting a free ride, but they are also contributing because they are a member of the Services Division ". Mr. Roellig stated, "The City of Naples argument has been dealt with and is over with ". They have a lot of beach access. Park Shore has two access points. I have no ax to grind with the City of Naples. As far as their getting money from TDC Funds, that is fine and I think that is the way it should be. Mr. Carroll stated, "The consequence of not doing this is that we could not afford to do it on our own ". We either have to hook on with the County with this project or forget about it for the next eight years. Are you comfortable in not doing anything for eight years? Mr. Roellig replied, "I am not enamored with it, but I am not happy with the County pulling a switcheroo on us and cutting our quantity ". The area from Seagate to Delnor- Wiggins State Park is a beach /shore segment and we are all in this, equally, together. It is all County shoreline and I am opposed to having the major part of the beach renourishment being cut out of our area and then expect us to add 37,000 cubic yards of sand to their project. Pelican Bay has a natural beach, we get less erosion than anybody and if anybody could survive it, we could. Mr. Carroll stated, "I don't disagree with you, I am just saying we will have to wait ". Mr. Roellig replied, "It is unfortunate, I would like to put it here, but I am absolutely opposed to them cutting the sand out of our region and thinking that we are going to spend our people's money for what they are not putting in ". Mr. Sutphin stated, "I want to make sure I understand Mr. Roellig ". When you say our region, do you mean the area from Seagate to Delnor- Wiggins or do you mean Pelican Bay? 545 1612 4 Clam Bay Sub - committee September 7, 2005 Mr. Roellig stated, "Our region ". When they put the sand on Vanderbilt Beach it will come down to Pelican Bay. If you put it on Pelican Bay some will end up in the Clam Bay Park and some will go up to Vanderbilt Beach. It erodes back and forth. Mr. Sutphin stated, "What you are saying is that they are shortchanging the project and you don't think we should participate because they have compromised their standards ". Mr. Roellig replied, "Absolutely ". Mr. Sutphin stated, "I agree with you ". Mr. Hall stated, "They are talking about reducing the quantities, but to my knowledge they have not shown how they are reducing those quantities ". We don't know if they are going to lessen the shoreline that they are going to do or lessen their design profile. It could be that spending that much money to put a reduced amount of sand really isn't worth the effort. With having a smaller amount, one small storm could take it away, where if you do the entire renourishment, it might stand up to a couple of storms. Without knowing how they are making those reductions, it is hard to make a decision as to whether or not you want to participate. Mr. Carroll asked, "What recourse do we have "? Mr. Roellig replied, "The recourse is that we tell the County that we will not participate in the beach renourishment unless they fully fund the project that they went out to bid for". Mr. Sutphin stated, "I would support a motion that in essence said, "We don't like what you have done to the plan and we withdraw our support until you show us a plan that we do like ". Mr. Spanier stated, "I like that ". Mr. Carroll asked, "Do we need to get our neighbors to participate "? What about Vanderbilt Beach and Seagate? Mr. Spanier stated, "We are the only people putting money into the program ". Mr. Carroll stated, "But they are going to be shortchanged also ". Mr. Spanier replied, "Yes, but they are not putting any money into it ". It is only the Pelican Bay taxpayers that are putting up the $1,000,000. We really don't have enough 546 1612 � 4 Clam Bay Sub - committee September 7, 2005 information and we don't know the plan. We have some numbers, but we don't know if the profile has changed and are in no position to do anything except what Mr. Sutphin is suggesting. Mr. Burke stated, "I think Mr. Sutphin is correct ". I don't see anything wrong with letting the County know that we have major concerns and we are putting it on hold until the issues have been cleared up. Mr. Domenie stated, "They can go ahead and say they are going to move forward without Pelican Bay and we are stuck for eight years without beach renourishment ". Mr. Roellig stated, "I think we have been good citizens to participate in this region and if we don't participate that means that the sand from Vanderbilt Beach is going to come down here faster than if you placed sand here at the start". If they want to play games with us, that is absurd. Mr. Carroll asked, "Do you really think they know that we believe they are playing games "? Mr. Roellig replied, "I don't really care what they know'. Mr. Carroll stated, "You may get an explanation ". Mr. Burke stated, "Mr. McAlpin was supposed to be here ". Mr. Buser asked, "Was the decision to not renourish that section of the beach based on the current condition of the beach in that area "? If it was to be renourished, is that funding out of the City coffers? Mr. Roellig stated, "All of that funding is from Tourist Tax Funding ". Mr. Domenie stated, "The Seagate area is being cut by nearly 50 % ". Mr. Hall stated, "I would also be of the opinion that that bid is not finished moving around yet, either ". Fuel costs have gone up 15 % -20% over the last week and I don't see them coming down any time soon. That bid may jump because of that situation. Mr. Roellig stated, "The best thing for the County to do would be to reject the bids and wait until next year ". I have a copy of the permit schedule, which I think is optimistic if they think they are going to get the permit by mid - October. Unless they get started almost immediately, 547 1612 C a Clam Bay Sub - committee September 7, 2005 they are not going to do it next year anyway. In my opinion, the logical thing to do would be to reject these bids and put it out for bid again next year, when they have the permits in hand. One of the reasons they have such high costs is that they have asked these contractors to make a $20,000,000 bid, based on a project that they don't have a permit for and tie up his equipment and be bound by a bid, that the County can walk away from. If I were a contractor, I would put plenty in my bid to cover that contingency. Beyond that, in their wisdom, they only requested three bidders to bid the project. It was not an open bid contract; they selected the people to bid, so they only had two bids. To me they are paying an outrageous price if they accept these bids. Mr. Hall stated, "If they don't have their baseline monitoring done in the next three weeks, then they have to wait until next Spring to do it ". The monitoring has to be done between certain dates and it ends October 1. Mr. Sutphin stated, "If I were a betting man I would bet that that equipment is not going to be available because anything that moves is going to be commandeered to the disaster area ". I think this entire discussion is academic. Mr. Burke stated, "The resolution is that we don't like the plan that has been provided to us and we are withholding our financial support until we receive a plan we can agree with ". Mr. Roellig moved seconded by Mr. Domenie and approved on a vote of 410 to recommend to the full Board that we withhold our financial support for beach renourishment until we receive a plan that we can agree with. COASTAL ADVISORY BOARD — INLET POLICY Mr. Burke stated, "You are all versed on this policy to one degree or another ". It all stems around the fact of the Coastal Advisory Committee in coming up with a standard policy for every inlet and has decided that Clam Pass needs to be dredged, up to and including the ebb tide shoal. As you know, we have taken some exception to that and we are not wildly happy about that ebb shoal being dredged. Surprisingly to me, I read in the paper where the issue is being placed before the County Commissioners on September 13`h, which to me means that it has already been rubberstamped by the CAC and is appearing on the Consent Agenda. 548 1612 C e, Clam Bay Sub - committee September 7, 2005 Mr. Roellig stated, "The CAC promised us that they would come out here and meet with us and discuss it". They had a nice meeting in Marco Island and the City of Naples said they were happy with the plan, but they never offered to come out and talk with us in the Clam Bay area. I am on the Board of the Estuary Conservation Area, which is the Wiggins Pass area. They have never come to the Wiggins Pass area; they passed us without coming to the community to talk about the policy that they have put together. Mr. Domenie stated, "I am disturbed about something ". I don't know if you read the letter that Dr. Raia wrote to the newspaper, in which the Foundation has decided that after four months that they have not yet taken a position in the inlet policy. Although I think it is our bailiwick, somehow you would think that the Foundation who claims to represent the homeowners would have some sort of support or opposition to us. I don't now what their position is. I don't want to get into a position where we say we support this and then have them turn around and call this issue another Cap d'Antibes and that we did something without their consent or consulting them. I wish somebody from the Foundation were here to express their views. Mr. Lukasz stated, "We did run that by Mr. Kinney and he was at a Coastal Advisory Committee meeting to speak against the proposed policy ". Mr. Domenie stated, "I am going to address this in our general meeting also ". Mr. Burke stated, "I don't think he was speaking for the Foundation Board ". I believe that was an individual letter. Mr. Domenie stated, "It reads that the Foundation Board has neither discussed nor taken a position on the dredging of Clam Pass ". Mr. Carroll stated, "I don't know that we would ask for their support anyway ". Mr. Domenie stated, "It bothers me in that you would think that they would step in and support us on this issue ". Mr. Burke stated, "There will be someone at our next meeting ". The CAC proposal is not a done deal in terms of Clam Pass. It is going to be up for additional discussion. Mr. Roellig stated, "The CAC approved it ". 6%A% 1612 C Clam Bay Sub - committee September 7, 2005 Mr. Burke stated, "They approved it, but it is not going to be given to the Commissioners on the Consent Agenda ". I believe that it has been pulled from the agenda. Bay" Mr. Carroll stated, "I have asked Commissioner Halas to pull the item from the agenda ". Mr. Spanier asked, "Is that the entire plan, or just the part that applies towards Pelican Mr. Roellig replied, "That would be the whole plan ". Mr. Spanier asked, "What happens next "? Mr. Carroll stated, "I would assume that Mr. Burke and Mr. Lukasz would attend that meeting and express our feelings ". We might also do something else in between, like contacting the other Commissioners. It depends upon how strongly you feel. Mr. Burke stated, "We are going to be at that meeting on September 13th and also at the workshop tomorrow morning ". The State FDEP people are going to be there tomorrow also. CLAM PASS PARK MANGROVE AREA area "? Mr. Burke asked, "Mr. Lukasz, do you have any comment on the Clam Pass Mangrove Mr. Lukasz replied, "The one channel that was in question has been cleaned out and it appears to be creating some flow in and out of that area ". COMMITTEE REQUESTS There were no Committee Requests. ADJOURN There being no further business the meeting adjourned at 2:55 P.M. Mr. James Burke, Chairman 550 Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Pi Naples FL 34104 SUMMARY OF MINUTES &MOTIONS October 18, 2005 HL Approval of Agenda Agenda was approved as amended unanimously 4-0. IV. Approval of Minutes: Minutes of September 20, 2005 were approved unanimously 4-0. 16EG;vA) 5 NOV 0 7 2005 Board of Coun , Commissioners Fiala Halas Henning Coyle l✓ Coletta V. Transportation Services Report: A. Budget Report It was reported an error has occurred in the SAP system and all MSTU Chairman will be notified of a meeting and the outcome. VII. Landscape Architech Report: A. Monthly Report A lengthy discussion followed concerning the lack of progress for the re- planting of Radio Road. The Committee expressed their concerns and fiustrations. Dale Lewis moved to approve 6 pink Tabebuia trees costing $750@ for a total of $4,500. Second by Gloria Patterson. Carried unanimously 4-0. VIII. Old Business A. Update on Bus Shelters 90% of design plans are finished and will be paid out of the County funding source. The Bus Shelters will be paid by the County as the Committee's Ordinance would need revising. The Committee chose not to do so. B. December Meeting Dale Lewis moved to cancel their December 19th meeting. Second by Betty Schudel. Carried unanimously 4 -0. Misc. Cotes: Date: lag / �015 Item #:—j O C S Copies to: Nk Radio Road Beautification M.S.T.U. 0 Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 October t8, 2oo5 Minutes 1612"C 5 I. The meeting was called to order by Chairman Dale Lewis at 4:29 PM. II. ATTENDANCE: Members: Dale Lewis, Helen Carella (Absent), Bill Jaeger, Gloria. Patterson, Betty Schudel County: Darryl Richard- Project Manager, Tessie Sillery-MSTU Coordinator Others: Steve Fabian- Advance Lawn, Mike McGee -McGee & Assoc., Fred Rogers - Berkshire Lakes Master Assn., Anthony Maro - Berkshire Lakes, Sue Chapin - Manpower Services III. APPROVAL OF AGENDA Under New Business - A. Sunshine Law - B. December Meeting Gloria Patterson moved to approve the Agenda as amended. Second by Dale Lewis. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: September 20, 2005 Betty Schudel moved to approve the minutes of September 20, 2005. Second by Gloria Patterson. Carried unanimously 4 -0. VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report - Advanced Lawn/Steve Fabiano • Water leaks at Airport & Radio -not sure what the problem is- will address -also an irrigation problem at Livingston & Radio Road • Addressing weeds - spraying round -up • Devonshire - 7 Tabebuia trees in place of the 3 Queens - waiting for Purchase Orders • Will replace Indian Hawthorne • Treating for fungus on Junipers • Taking care of accident damage • Clarification of the MSTU Ordinance and will no longer do the Belville areas • Hibiscus are dying Darryl mentioned Advance Lawn has a new owner - new name is: FRK Enterprises, President Frank R. Kipp. Will address issues with Middle Management. Staff will work with new owner and ask for his attendance at the next meeting. Mike McGee mentioned the weeds and irrigation problems are not getting any better and hope the new owner can turn things around. 1612'-C V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery The 2004/05 Fiscal Year Budget has been closed out and items explained. (Attached) The 2005/06 Fiscal Year Budget was distributed and explained. (Attached) • The Carry Forward figure is: $1,151,821.62 • Asked why the Insurance General was taken out later in the year. Tessie will get that information. • Interest from Tax Collector — was explained the interest is collected and pooled together into one fund and then distributed to the different Districts. Darryl informed the Committee he had been told the SAP Accounting Software System has errors in the MSTU Accounts. All Chairmen will be notified in a meeting and explained what the error is. VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report Betty Schudel explained her frustrations and concerns with their project not getting done in a timely manner as it was 17 months ago that the Committee did a drive -by and had decided what should be done for the beautification of Radio Road. There has been a change in personnel in the meantime, but it is very difficult to report to the residents and constituents what is going to happen and when — especially when they see no progress whatsoever. Dale talked about the millage rate. Radio Road is a disgrace and not getting any better. He asked why so much time lapses before anything is accomplished. If someone such as Diane Flagg or someone else needs to be at their meetings so they can express their frustrations and concerns, then they would like to have them attend a meeting. Fred Rogers — Berkshire Lakes Master Assoc. — expressed his concerns also with Radio Road. He stated "it use to be the best in the County, and today it is the worse." He supports what Betty stated as she reports to their meetings each month of what is going to be done, but she can't report "when" the projects will begin. Darryl responded the Radio Road projects are on track. The project needs to be done correctly. The Landscape Beautification Master Plan contains improved standards for landscaping including curbing and irrigation changes. A Consultant (McGee & Assoc.) has now been hired and has only been with the Committee for a few months. Mike McGee stated they can't do anything until they get the design work and plans done, the PO's and Notice to Proceed also need to be issued before he can move forward. Darryl also stated there weren't any funds to open a Work Order until the new fiscal year which only delayed it 15 days. Dale Lewis moved to approve 6 pink Tabebuia trees costing $750@ for a total of $4,500. Second by Gloria Patterson. Carried unanimously 4-0. 2 1612 C 5 The Committee would like to see the trees on Devonshire removed and the beds extended which was voted on at their September meeting. Mike went through the timing of the Design stage, the Right -of -Way permits, bidding the project out and the Contract going through the Board of County Commissioners. Dale stated he hopes everything stays on track and they can see some action by February 2006. VIII. OLD BUSINESS: A. Update on Shelters — Darryl Richard They have 90% plans from McGee & Assoc. with the Shelters being paid for under the County funding source. The Radio Road MSTU Ordinance does not address Bus Shelters. The MSTU has the option to revise their Ordinance to include shelters. They chose not to do so. IX. NEW BUSINESS: A. Sunshine Law — The Committee was reminded of the Sunshine Law and was suggested to ask Diane Flagg if a Sunshine Workshop could be done for all the MSTU's. B. December Meeting — The Committee decided not to hold a December meeting. Dale Lewis moved to cancel their December 19th meeting. Second by Betty Schudel. Carried unanimously 4-0. Darryl mentioned there is a request from staff to have the MSTU meeting held at 4:00 PM. The Committee did not favor the change as there are conflicts and will continue to hold their meetings at 4:30 PM. X. COMMITTEE MEMBER COMMENTS: None XI. PUBLIC COMMENTS: Fred Rogers — Berkshire Lakes Master Assoc. — supported Betty's views stated earlier in the meeting. He also asked the Committee to consider the recycled water on Radio Road for irrigation. Mike McGee is already investigating the matter and will report back to the Committee. Darryl informed the Committee the Utilities Dept. is working on a Master Plan which when approved will be presented to the Committee. Discussion followed on designing the system to handle Radio Road and options of funding sources, as it will be costly with just maintaining it. Being no further business to come before the Committee, the meeting was adjourned at 6:10 PM. The next meeting will be held at 4.30 PM, November 15, 2005 Collier County Dept. of Transportation Road Maintenance Naples, FL 34104 3 1612'PC 5 Radio Road Beautification M.S.T.U. r Advisory Committee 2885 Horseshoe Drive South Naples Fl. 34io4 November z5, 2o05 AGENDA L CALL MEETING TO ORDER H. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: October 18, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery • General Insurance VL LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Advanced Lawn/Steve Fabian VIL LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report VII. OLD BUSINESS: VIII. NEW BUSINESS: IX. COMMITTEE MEMBER COMMENTS: X. PUBLIC COMMENTS: XI. ADJOURNMENT: The next meeting will be held at 4:30 PM, January 17, 2006 Collier County Dept. of Transportation Road Maintenance Naples, FL 34104 Radio Road Beautification M.S.T.U. Advisory Committee 27o5 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS September 20, 2005 1J ..� V 0 g) 6C) 0 5 2005 Board of County Commissioners i=iala Halas Henning-- - Coyle ---- -- Coletta III. & IV. Approval of Agenda and Minutes of August 16, 2005 were approved and carried unanimously. VL Landscape Maintenance Report: A. Monthly Report Three queen palms with gamiderma in the median were found. Cannot replace with another palm species. Dale Lewis moved to replace the 3 Queen Palms with Tabebuia's. Second by Betty Schudel. Carried unanimously 5-0. VII. Landscape Architech Report: Mike McGee A. Monthly Report Different areas were discussed that need refurbishing. After much discussion Dale Lewis moved to refurbish 3 areas —1) West of Livingston, 2) West of Devonshire 3) 1st Median on Devonshire at Radio Road. Second by Betty Schudel. Carried unanimously 5-0. Misc. Corms: Date: Item #: Copies to. 1612 C 5 Radio Road Beautification M.S.T.U. + Advisory Committee 2885 Horseshoe Drive South Naples Fl. 34104 October 18, 2oo5 AGENDA L CALL MEETING TO ORDER IL ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: September 20, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery • Interest from Tax Collector VL LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Advanced Lawn/Steve Fabiano VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report VIL OLD BUSINESS: A. Update on Shelters — Darryl Richard VIII. NEW BUSINESS: IX. COMMITTEE MEMBER COMMENTS: X. PUBLIC COMMENTS: XL ADJOURNMENT: The next meeting will be held at 4.30 PM, November 15, 2005 Collier County Dept. of Transportation Road Maintenance Naples, FL 34104 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 September zo, 2005 MINUTES 1612 C 5 L The meeting was called to order by Chairman Dale Lewis at 4:29 PM. IL ATTENDANCE Members: Dale Lewis, Helen Carella, (4:31) Bill Jaeger, Gloria Patterson, Betty Schudel County: Darryl Richard- Project Manager, Tessie Sillery-MSTU Coordinator Others: Steve Fabian- Advance Lawn, Mike McGee -McGee & Assoc., Sue Chapin - Manpower III. APPROVAL OF AGENDA Gloria Patterson moved to approve the Agenda. Second by Dale Lewis. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: August 16, 2005 Two spelling errors were corrected. Dale Lewis moved to approve the minutes of August 16, 2005. Second by Bill Jaeger. Carried unanimously 4-0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery • Budgets were distributed with various line items covered. (Attached) • Insurance- General was taken out this month for $4,200 — this is Liability Insurance for the Board members. • Bills paid for the month and Revenues were distributed and covered (Attached) • Dale asked what figure is the $130.99 Interest from the Tax Collector based on. Tessie will get back next month for an explanation. VL LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Advanced Lawn /Steve Fabiano • Palms pruned — all trees re -lifted for site visibility • Fertilizer applied • Plumbago & Juniper has a problem and not sure what it is • Sprayed fungicide • Vines have been addressed 1612 C 5 • Hedges along Devonshire have not been filled in yet (Replacement will be paid by the County) Dale mentioned the MSTU boundaries are clearly marked. They are from the sidewalk, 4 feet across and 4 feet away from the sidewalk to the curbing. Anything outside the MSTU area would need to go back to the Attorneys and Board of County Commissioners and voted on by the MSTU. Mr. McGee discussed fertilizing of plants if they are being cut. A lengthy discussion took place between Mr. McGee & Mr. Fabiano addressing who is to do the fertilizer along with other issues. Mr. Fabiano mentioned what is in the Contract and what is not on the pruning and fertilizing of particular hedges. Darryl stated if more quantities of fertilizer are needed, the cost will be added to the County funds. Clarification was again discussed on whose responsibility it is for the pruning and fertilizing in certain areas of Devonshire. Darryl and Steve will work together on this issue. • There are 3 queen palms with gamiderma in the median — cannot replace with another palm species. Dale Lewis moved to replace the 3 queen palms with Tabebuia's. Second by Betty Schudel. Carried unanimously 5-0. VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report • Will give a little more time to the Indian Hawthorne • West of Livingston — fountain grass fungus • Grasses are gone on Devonshire end of median — will replace with Plumbago • Devonshire entry — Xorias have root fungus — replacement can be done under incidentals. Dale Lewis moved to refurbish 3 areas —1) West of Livingston, 2) West of Devonshire 3) 1st median on Devonshire at Radio Road. Second by Betty Schudel. Carried unanimously 5 -0. VII. OLD BUSINESS: A. Update on Shelters — Darryl Richard Mike stated they are still working on them and working with Utilities at this time. The plans will be about 90% done by next week. The Committee is concerned about the increase of construction supply costs and hopes to move forward as quickly as possible. • Helen mentioned the white powder is still on the grass and roadway on Radio Road. It had been mentioned last month. Darryl will contact Road & Bridge. 2 1612'-C 5 • There is a noticeable amount of debris and cans (liter) in the medians. Discussion followed. • Betty asked about the iron/filtration system. She mentioned Diane Flagg stated they could start to use the recyclable water from the tank. It would not have iron in it. Mike McGee is looking at that possibility as part of their renovation of Radio Road. He is not sure they are inter - linked or would go the distance to Devonshire. • Betty asked about redirecting the irrigation heads on Devonshire due to the staining they are getting on the wall at Applebee. VIII. NEW BUSINESS: None IX. COMMITTEE MEMBER COMMENTS: None X. PUBLIC COMMENTS: None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 5:27 PM. The next meeting will be held at 4:30 PM, October 18, 2005 Collier County Dept. of Transportation Road Maintenance 288"-7 1111, "c'41r'i. oil 4 Naples, FL 34104 O O O O I 1612 c 0 E C (D > Z5 0 0 uj C1£ > Q W E 0 -J ui O Z , U) L) c 'Q: �Zli z z , ul m �z 0 0 F= . 2,! -uj) w 0 L) U E 0 F3 o z LU Z I C $ $ . . 6. 17 . . $ 4 $$$$$ 29 ci 6 6 10' ci 6 C; ci d oc� co ; m z z � N 7 fV ad; aLLmN 0 LU U) LO Q 0 a WNW od a 00000 0 :)Zz LU m m p. M 0 LL. x LU .0 pl� D LU 0 0 0 a 0 A do5o P ci 00000 a U) F 0 N7 U) (0 co Ir V X C% i C4 Z 0 LL N 8 1n U) 0 ig § 80 00 0 co w z 9 LOL, ID C-4 LU uj > 9 9 I o c; ci 0 0 <D 0 0 0 0 0 0 0 a 0 0 0 0 0 a a 000 ci c o 0 00000 a c; z mho N o LU U, NU' 0 c; c; 00 n :3 C* C's 7 7 Ld co V, 0. co ce C� OO 77N 000 00 a 00000 0 Z OD N p cli CO �tz iww LU L) I.- 'i IL N m 0 06 — cli �5 N a CR .0 2.' a> (n S UJ m c m ¢ Z w > L C) it ir D .9 io Lu I LLI z z E os A U) U) LLI LL EL . -j IL co >- CC Lu w Z LU L) -0 co > 8 Lu , LL, CL W LU uj Z Lu p a LLI > IX LLJ 4) LU uj (f) -0 w CL a- 0 z LL, 0 m ca X ma W Z) u) a m > L) < Z L) < 0 U) En HI �, - EL 0 ca LU Z LLI LLI t L) < cr (1) Z LU < X 0 0; Do Z a- 0 < U LLJ > < w 5. z uj Z z co CC z LU W U- � LLJ Z: Lu z W Z LU U) Z_ 0 > � � < 2 LU LLI M L) w LU U) 0 z z 06 G) 9 Q z 0 -r, LLJ Z e-) < CL > U) LE 2 a 0 ui w UJ C� LIJ Z UJ C� w LU Z Y Lu U) m > 0 cn W UJ CD 0 LU o Y w iz z w La I Ox L) z (D � W w p 222 r W uj 0- Z pp Z) :D z w Lu LLJ uj W LLLL LLI ED o 0 L) L) L) w 3 Z w 212 g W X 0 m m CL Z Ir M m w cc LU C) Of z 0::! w G ol zog a ol 09 11 N2 2 �e CY) 0 So 03 CL 2 I-. w U) R 0 z ol m Li c 0 E C (D > Z5 0 0 uj C1£ > Q W E 0 -J ui O Z , U) L) c 'Q: �Zli z z , ul m �z 0 0 F= . 2,! -uj) w 0 L) U E 0 F3 o z LU Z I C 1612 c 5 Radio Road Beautification MS TU Monthly Activity - September - Meeting Report Title Sub -Title Amount Other Contractual Advance - August $1,080.00 Total $1,080.00 /���£� 91 /zck- /Lo So40 -cE - Pd�tteh- ice P $1,518.00 Total $1,518.00 McGee & Associates Engineering Fees (Estimate for Curbing & Irrig. Improv.) $460.00 McGee & Associates (Review Engineering Fees of Santa Barbara blvd. within mstu) $165.00 Total $625.00 Electricity FPL $8.46 Total $8.46 Other Misc. Manpower $176.82 Total $176.82 Insurance - General County Charge 4,200.00 Total 4,200.00 ---------------------------------------------------------08--2-- ;Total Inv. Paid $7,6.8; -------------------------------------------------------- - - - - -- 1612 p O O O O O CO N 0 0 0 O V 0 0 0 0 0 W" 0 W M n p A Q' Ate. � O N O O Fp A rp A N N � � O Gn A � N d O � O � c�0 c c�0 r rn r rn 0 0 0 0 r rn m m n n co � O O O N N z z 0 0 O c �N7 ( ((N�� O —� w P O OD 0 00 O -i O O O 0 0 - (A O O O C CJ1 m m w w w w w W W w w w w W W n n O O 010 0 040 O O.D w > > > > > J J O O 0 0 0 o o w w 0 0 n ni o o W W - o v v r rn -4 o m 0 C) C C) 0 0 0 0 0 0 0 0 0 0 0 0 o o m 0 X D X X W C X W W 0 X W X Z 0 X OmOcWi W W- i imm�-i z 0 0 o * *KK z - i - -i- - -1 X m X z D y y m X z z z 0 0 - --j D p p p 0 0 < < m m r r � O Dr r 0 m 0 0 � m x O p p0 D m O O U rn 0 m >zz - x X X m - 0 ��' c c z > -4 - 0m � c 0 A A r rn c crnii 0 DD m m c m m n n 0 0 m m 3 D D D D c cn - -� z n n n n m m > z -t m m m m m m z z z C X X x O O X m z -i c m m ,pp � W O O O O N N � N O 0 0 0 0 0 0 0 O O L L OVD 9 900 0 0 0 0 0 0 0 0 0 0 0 O W W W O O O O O O O O O O C Co O O O O O O O O O O O O ( (D O O O O O O O O O O O O O O X W C o m m CO U U1 N N W K) 0 00 c co N N W VD O O N N N N W W C OO O O C Ci O O O O O O O O O O O C O n p A Q' Ate. � O N O O Fp A rp A N N � � O Gn A � N d O � O � DATE: TO: FROM: SUBJECT: MEMORANDUM November 2, 2005 Board of County Commissioners Barbetta Hutchinson, Executive Secretary, OMB Productivity Committee Meeting Minutes 1612 C 6 RECEIVED NOV 0 4 2005 Board of County Commissioners Fiala Halas Henning —�; Coyle Coletta Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of September 21, 2005; minutes from the Operational Efficiency and Effectiveness Subcommittee meetings of September 14, 2005; and minutes from the Employee Benefits Subcommittee meeting of September 27, 2005. Please do not hesitate to contact me at 774 -8973, or Michael Sheffield, at 774 -8569, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Crystal Kinzel, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Collier County Office of Management and Budget 3309 Tamiami Trail, East Naples, FL 34192 Voice: (239) 774 -8973 Fax: (239) 774 -8828 Misc. Combs: Dab: oS Item *0.z Copies to. 1612' 6 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes — September 21, 2005; 2 p.m. Members Present: John Barlow, Larry Baytos, Syd Blum, Stan Farnham, Dex Groose, Steve Harrison, Matt Hudson, Helen Philbin, Joe Swaja, JimVanFleet and Janet Vasey. Liaison: Commissioner Halas was in attendance. County Manager's Staff Present: Amy Patterson, Impact Fee Manager, Community Development; Paula Fleishman, Impact Fee Analyst, Community Development; Len Price, Administrator, Administrative Services Division; Winona Stone, Assistant to the County Manager; Mike Sheffield, Assistant to the County Manager; and Barbetta Hutchinson, Office of Management and Budget. Guests Present: Carol Golightly, Finance Director of the Sheriff's Office. The First 26 Minutes of the Productivity Meeting on September 21, 2005: The meeting was called to order at 2:00 pm by Joe Swaja, Chairman. Joe complimented the group on having perfect attendance at this meeting. Joe asked for a moment of silent reflection and prayer in honor of the victims of Hurricane Katrina. Joe said he wanted to publicly apologize to the group for the unwanted publicity that he caused when he inappropriately invited Brad Boaz to leave the meeting. He also said in reflection, the situation should have been handled differently. In addition, he told the group that he appreciated their support in this matter. Syd Blum added that it was he who suggested that Brad leave because he didn't feel it would be fair to discuss the entire list of candidates and their qualifications with only one of said candidates present. Janet said she drafted a letter to the Commissioners for the committee's consideration and would review it at the appropriate time on the agenda. Approval of Minutes from the meeting on n Au ug st 17. Dex Groose wanted to add that he also asked Kim Grant to find out if her figures on the grass- cutting service included all fringe benefit dollars. With that change made, Janet Vasey moved to accept the minutes, Syd Blum seconded. The group approved unanimously. Acceptance of Minutes from the IT subcommittee meetings of July 15 and 20. Steve Harrison motioned to accept. Jim VanFleet seconded. The group unanimously approved. Page 1 of 4 1612 C 6 Acceptance of Employee Benefits Subcommittee minutes from June 2. Matt Hudson motioned to accept the minutes. Stan Farnham seconded. The group approved unanimously. Dex started a discussion about whether or not taping of the meetings of the committee should be continued. Matt said that he felt it would put forth a bad perception if we discontinued taping the meetings at this time. Janet added that she felt it was important to tape the meetings because without the tapes, the committee would not be able to prove and defend their positions. Syd said once it's said, it's out there - so there would be no benefit in stopping the taping. Commissioner Halas suggested that the taping continue. Impact Fees Expenditures and Collections - Amy Patterson gave a presentation to the group regarding the fire impact fee draft study. -*Amy was asked and agreed to provide a listing of short term and long -term projections. At 2:26 Mike Sheffield noted the tape recorder was not taping. Amy continued her presentation about the capital outlay versus the impact fee collections. She reviewed the pass -out she gave the group. Commissioner Halas informed the group that what was not picked up by impact fees, was picked up by user fees. Discussion was made about the schools wanting to raise taxes instead of raising impact fees. The Commissioner said the School Board somehow has to be educated on why impact fees are the correct course. -*Mike Sheffield will make a request for legal services from the County Attorney to find out if the Productivity Committee can do anything to encourage the School Board to adopt revised impact fees. The Commissioner also told the group that there is a requirement in the growth management plan bill that the school districts have a plan for capital improvement and the appropriation of funds for those projects. Amy told the Parks Impact Fee Subcommittee Janet, Dex and Joe) that she will be advising them within the next few weeks of a meeting to finalize the Parks impact fees. The Commissioner gave the group some information discussed at the last MPO meeting regarding the cost of future county road construction being 2 billion dollars within the eastern part of Collier County in today's figures. Jim VanFleet asked the Commissioner if any research was being done into light rail transportation. The Commissioner agreed that it is time to address an alternative method of transportation and advocated his support in this area. Dex asked about eminent domain. The Commissioner said we currently practice eminent domain and pay fair market value, but we also have to pay attorney fees. Dex suggested playing one neighborhood corridor against another. Matt said that he attended a meeting for the extension of Vanderbilt Beach Road and there were two routes extending from 951 out to roughly Wilson and six routes going east from Desoto Boulevard. Matt said that Norman Feder stated in this case, they would either take 25 houses or 50 houses for this project. The Commissioner said that the occupants of the homes would be given fair market value and ample time to find new housing. Page 2 of 4 161 2*�C b Operational Efficient and Effectiveness Study — Steve Harrison. The three administrative review teams met last week. Stan Farnham said people in the different agencies have pointed out several incidents of collaboration that have worked well. Two opportunities will be presented to the Board of County Commissioners on November 9. The first was to put all human resources recruitment efforts in one location in order to get the best candidate for the position as quickly as possible. The second was to consolidate or out - source payroll processing. Steve asked for support from the Clerk and the Sheriff, first on support of the concept, then on support of the product. Steve would also like to ask that the legislative agenda address the question of overtime being added to pension calculations, because statewide pension plan does include them today. The group feels they are seeing incidences of some individuals working excessive amounts of overtime in the last few years of their employment, making it unfair to the others. Steve said he needs additional information in order to prepare for the presentation. The update extension until 2009 of SAP was discussed. Steve asked for Len Price's assistance to complete the head -count numbers for his presentation to the Board. John Barlow said that all the special customized programs that have already been done, must be redone when the system is updated at additional costs. The Commissioner suggested a power point presentation be created showing where we are today, short-term goals and long -term goals. Syd said that cost savings must be given in order to be effective. Winona Stone suggested hand -outs be given to the Commissioners at least three days ahead of the meeting for their pre - meeting review. She also said that Mike should publicly notice the agenda contents for the meeting. Janet Vasey suggested that the presentation be put together and reviewed at the next meeting on October 19. Steve will arrange a meeting for the subcommittee on October 13 at 9:00 am to put together the draft presentation. Winona advised the group they have a three hour window for their presentation to the Board on November 9. Position paper from Greater Naples Chamber of Commerce. Joe Swaja started the discussion by saying it was inappropriate to ask Brad Boaz to leave the meeting and he regrets the mistake. Janet read a draft letter written to the Commissioners stating the Productivity Committee's response on the position paper from the Chamber of Commerce. The letter was reviewed and suggested changes by several committee members were made. —>Barbetta will change the letter as directed by the group. The letter will be signed from the Chairman, Joe Swaj a and all of the other committee members signed the letter with the exception of Matt Hudson and Larry Baytos, because they felt they were not at the meeting in question, they did not feel as if they should sign. The letter will be sent to Commissioner Halas and copied to the other Commissioners, Jim Mudd and Leo Ochs. Affordable Housing — Syd Blum. The discussion was started by Syd asking Jim VanFleet to work with him on this project. Janet said there already is an existing county committee looking into this issue. Jim said the Chamber of Commerce has also formed a very large committee in regards to this issue. He said he feels the number one issue for the county is lack of affordable housing. Matt said there has to be a collaborative effort in order to make a change. He explained a trust fund being funded by doc stamps and Page 3 of 4 1612 C 6 how the funds get distributed to the county. Jim agreed that the Southwest Regional Planning Organization is bringing together people from all areas. He also said that Collier County is unique in many ways. Jim suggested that if a 1/2% sales tax be applied to property transfers in Collier County, a revenue of $6.5 million would be generated and could be used for affordable housing. Matt added that in order to do that, a political will must be present. Syd said the program has to begin with the builders and developers. They may have to be nudged, but it must begin with them. He volunteered to assist anywhere possible in order to make this happen. Nobody wants "affordable" housing in his or her backyard. Matt said he refers to it as attainable "workforce" housing. Private companies do not have the limitations that we have as a county. Private companies have the ability to give sign on bonuses, housing allowances or closing monies. Janet suggested that perhaps we could carve out a nitch to create a project that works with Len Price's department at some of the issues that deal with the housing for county employees. Len welcomed the input of the group and their support. Commissioner Halas said pressure has to be on the bankers to offer low interest loans. Winona Stone will contact Cormac Giblin to speak to the group regarding the programs that are currently in place. The meeting of the Employee Benefits Subcommittee will be held at the North Naples Library on Tuesday, September 27. The Fire Protection Impact Fee Study Subcommittee will be held on Wednesday, September 28, 2005 in the County Manager's Conference Room. The Operational Efficiency and Effectiveness Subcommittee for all teams will be held on Thursday, October 13 at 9 am in the County Manager's Conference Room. Matt Hudson made a motion to adjourn the meeting, Janet Vasey seconded. The group unanimously agreed. Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, October 19, at 2:00 p.m. This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 4 of 4 1612 ----C Minutes Productivity Committee's Operational Efficiency and Effectiveness Study Subcommittee September 14, 2005 9am County Manager's Conference Room Members Present John Barlow, Stan Farnham, Dex Groose, Steve Harrison, Joe Swaja Other's Present Carol Golightly, Crystal Kinzel, Len Price Chairman Steve Harrison called the meeting to order at 9:00am. It was noted that all three teams of the Operational Efficiency and Effectiveness Study were represented (Information Technology, Human Resources, and Finance). There was discussion on synchronizing and finalizing the recommendations of the three teams into one presentation, to be approved by the full Productivity Committee, and subsequently to be presented at the BCC workshop scheduled for November 9, 2005. Another meeting was scheduled for Thursday, October 13th at 9AM in the County Manager's Conference Room to review a draft of the Presentation. The subcommittee also heard input from guests who were in attendance. The meeting adjourned at 11:45am 1612-C 6 MINUTES EMPLOYEE BENEFITS SUB- COMMITTEE SEPT. 27, 2005 Attendance: Dexter Groose, Sydney Blum, Helen Philbin The sub - committee met at the North Naples Library at 10 a.m. A draft report was prepared for review and discussion by the committee at its next meeting. A copy will be emailed to the members. The next meeting is scheduled for Wednesday October 19th at 1:15 p.m. in the Legislative Conference room. Helen Philbin 1612 C 7 RECEIVED AGENDA NOV 0 2 2005 Revised II Board of County Commissioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 3, 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Fiala 1. PLEDGE OF ALLEGIANCE Halas ._._ Henning 2. ROLL CALL BY CLERK Coyle Coletta _�-- 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —SEPTEMBER 21, 2005, LDC MEETING 6. BCC REPORT- RECAPS — OCTOBER 11, 2005, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: VA- 2005 -AR -7965, James and Lori Hall, represented by Diane Faas, are requesting a variance for an existing screen enclosure within the required 10 -foot rear setback for an accessory structure in a RSF -3 zoning district. The applicant is seeking a 2 -foot 4 inch variance from the required 10 -foot set back, leaving a 8 -foot 8 inch rear yard. The property to be considered for the variance is located at 112 Warwick Hills Drive, and is further described as Unit 1 Block 4 Lot 8, of Lely Golf Estates, in Section 19, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Mike Bosi) Misc. Courts: Date: ZZS Item #:iliai C 1 Copies to: 1612 c 7 B. Petition: VA- 2005 -AR -8122, Carl and Karen Koller, as owner and agent, are requesting two after - the -fact variances in the RMF -6 (Residential Multiple- Family -6 units per acre) zoning district from the minimum required 7.5 foot side yard setback, (west boundary), to allow an 9.72 inches to 3.24 inches from the 7.5 foot side yard to 6.69 feet to7.23 feet and a two foot 6.24 inches to one foot seven inches from the 20 foot rear yard setback to 17.48 feet to18.17 feet for the completion of a partially constructed addition to an existing single- family structure and including the existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements. The subject property is located at 610 99th Avenue North, Naples Park Unit 3, Lot 28, Block 29, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Mike DeRuntz) C. Petition: RZ- 2005 -AR -7276, Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF -4(3)] zoning district to allow a maximum of 15 single- family residential dwelling units to be developed on the subject 7.29 acres, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) D. Petition: PUDZ- 2005 -AR -7299, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family -, two - family-, duplex or multi- family dwelling units in a project to be known as Manchester Square. The subject property, consisting of 36.9± acres is located at 13275 Livingston Road, in Section 12 Township 49 South, Range 25 East Collier County, Florida. (Coordinator: Kay Deselem) 9. OLD BUSINESS 10. NEW BUSINESS A. Discussion by Comprehensive Planning 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). B. Determine date and time for meeting to review AUIR. 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 11- 3- 05 /CCPC Agenda/RB /sp 1612 C 7 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 3, 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 Fiala Halas 1. PLEDGE OF ALLEGIANCE Henning Coyle `-- 2. ROLL CALL BY CLERK Coletta 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — SEPTEMBER 21, 2005, LDC MEETING 6. BCC REPORT- RECAPS — OCTOBER 11, 2005, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: VA- 2005 -AR -7965, James and Lori Hall, represented by Diane Faas, are requesting a variance for an existing screen enclosure within the required 10 -foot rear setback for an accessory structure in a RSF -3 zoning district. The applicant is seeking a 2 -foot 4 inch variance from the required 10 -foot set back, leaving a 8 -foot 8 inch rear yard. The property to be considered for the variance is located at 112 Warwick Hills Drive, and is further described as Unit 1 Block 4 Lot 8, of Lely Golf Estates, in Section 19, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Mike Bosi) Misc. Corr6s: Date: Item * 1 Copies to: 161207 B. Petition: VA- 2005 -AR -8122, Carl and Karen Koller, as owner and agent, are requesting two after - the -fact variances in the RMF -6 (Residential Multiple- Family -6 units per acre) zoning district from the minimum required 7.5 foot side yard setback, (west boundary), to allow an 9.72 inches to 3.24 inches from the 7.5 foot side yard to 6.69 feet to7.23 feet and a two foot 6.24 inches to one foot seven inches from the 20 foot rear yard setback to 17.48 feet to 18.17 feet for the completion of a partially constructed addition to an existing single - family structure and including the existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements. The subject property is located at 610 90, Avenue North, Naples Park Unit 3, Lot 28, Block 29, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Mike DeRuntz) C. Petition: RZ- 2005 -AR -7276, Southern Development Company, represented by Tim Hall, of Turrell & Associates, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF -4(3)] zoning district to allow a maximum of 15 single - family residential dwelling units to be developed on the subject 7.29 acres, which equates to a density of 2.1 dwelling units per acre. The property is located at 255 Price Street, in Section 4, Township 51 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem) D. Petition: PUDZ- 2005 -AR -7299, Community School of Naples, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow development of a maximum of 148 single - family -, two - family-, duplex or multi - family dwelling units in a project to be known as Manchester Square. The subject property, consisting of 36.9± acres is located at 13275 Livingston Road, in Section 12 Township 49 South, Range 25 East Collier County, Florida. (Coordinator: Kay Deselem) OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 11- 3- 05 /CCPC Agenda/RB /sp 2 1612 c September 21, 2005 CONTINUATION MEETING OF THE COLLIER COUNTY PLANNING COMMISSION September 21, 2005 Naples, Florida 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 2:00 p.m. in continuation of the August 17, 2005 meeting at the Board of County Commissioners' Board Room, 3301 Tamiami Trail East, Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Robert Murray Brad Schiffer Paul Midney Robert Vigliotti Donna Reed Caron Kenneth Abernathy Lindy Adelstein Russell Budd (absent) ALSO PRESENT: Patrick White, Assistant County Attorney Joseph Schmitt, Administrator Community Development Services Catherine Fabacher, Principal Planner David C. Weeks, Planning Manager Susan Murray, Department of Zoning Development Review CHAIRMAN STRAIN: Call the meeting to order. Thank you. We are going to take role call. Mr. Murray? MR. MURRAY: Here. CHAIRMAN STRAIN: Mr. Midney is not here at this time, is he? MR. MURRAY: He's here. CHAIRMAN STRAIN: Well, when we gets up here we'll clarify it. Mr. Schiffer? MR. SCHIFFER: Here. CHAIRMAN STRAIN: Mr. Adelstein? MR. ADELSTEIN: Here. CHAIRMAN STRAIN: Strain is here. Mr. Abernathy? Page 1 1612 C 7 September 21, 2005 MR. ABERNATHY: Here. CHAIRMAN STRAIN: Mr. Vigliotti? MR. VIGLIOTTI: Here. CHAIRMAN STRAIN: Ms. Caron? MS. CARON: Here. CHAIRMAN STRAIN: Mr. Bud is absent. Mr. Midney just walked in. Joe, who from your side is going to be controlling this today, as far as presentations go? MR. SCHMITT: Today we have -- CHAIRMAN STRAIN: I don't know where you want to start. Do you have a preference? MR. SCHMITT: It depends. We have Susan and Catherine here, who are going to be controlling the LDC issues, and I think -- I have no one that has actually submitted a public speaking request. Is anybody— MS. FABACHER: I have one here. CHAIRMAN STRAIN: Our preference would be to go in order, unless you had a reason not to. MR. SCHMITT: We may as well just go in order. Probably the lengthiest issue is going to be the issue regarding the Bayshore gateway and the final overlay. I would expect those two to be the most lengthy in regards to discussion. CHAIRMAN STRAIN: Well, they're not too far in order, so if we want to start with Item Number -- page^ 1. MR. VIGLIOTTI: Before we get started, can we set an ending time tonight? I have to leave like shortly before 6:00 myself, or are we going to -- CHAIRMAN STRAIN: Well, I thought when we set this up -- by the way, this is a continuation of a meeting that started on August 18th, I believe. Is that right, Mr. White? MR. WHITE: Assistant County Attorney Patrick White. This is a continuation of the first and only public hearing of these LDC amendments by the CCPC. It is the second meeting, and as I mentioned, it is a continuation of the prior meeting, and certainly if you do not conclude matters this evening, you're free to continue them to another meeting date and time and place, sir. CHAIRMAN STRAIN: Thank you, sir. Okay. MR. ABERNATHY: I have a question, Mr. Chairman. Would it be possible before each item that -- if we could identify whether it's from the August 10th or August 17th or September 16th or some yet another submittal of these things? CHAIRMAN STRAIN: MR. SCHMITT: Let me turn to Catherine in that, so you all know basically -- CHAIRMAN STRAIN: Before you get into that, there's a question on the table from Mr. Vigliotti about the timing of this meeting. At the last one, we discussed we normally stop at 8:00, but I think that maybe around 5 o'clock, if it's okay with this panel, we'll see where we're at and decide what we want to do. Because if we're going to go until 8:00, we may want a short dinner break. We may just want to stop at 6:00 and re- continue at another time, so that -- does that work for you, Bob? MR. VIGLIOTTI: I have to leave at 6:00. We'll have a quorum, so -- CHAIRMAN STRAIN: But at 5 o'clock, we'll discuss if we're going to take it'ti16:00 or take it'til 8:00, if that's okay. Now, Mr. Schmitt? MR. SCHMITT: Yeah. I would ask Catherine to go over, just so that the board members know which packet you're working from. There have been -- there actually is only one packet in regards to the LDC items, but there have been several follow on additions, specifically noted with the Bayshore gateway. Catherine? MS. FABACHER: Catherine Fabacher with land development review. As I indicated to you, we Page 2 1612 c September 21, 2005 are working from our original packet that was sent out August 10th. I have redone the summary sheet. You should have all received a summary sheet with comments from our last meeting and items that were brought back to DSAC. We also have -- have given everybody the latest August 17th dated Bayshore Drive overlay and gateway triangle overlay in color. They're extra copies over there, and then there was also another amendment packet that was handed out at the last meeting, which was probably the straw that broke the camel's back, and that just has a few revisions to -- we're still working with that. If you don't have that copy, I have that on the table over there. That was the revisions we handed out last meeting. CHAIRMAN STRAIN: Catherine, one thing I noticed, the Land Development Code Amendments Summary Sheet that you e- mailed? MS. FABACHER: Yes. CHAIRMAN STRAIN: its 21 pages. Did you provide hard copies to any of the members? MS. FABACHER: I think it was just e -mail. I do have more hard copies up here if you need -- MR. MURRAY: I would like to verify -- MS. FABACHER: All right. CHAIRMAN STRAIN: The reason I'm asking, it's kind of hard to print some of these for some of the members. MS. FABACHER: I understand. CHAIRMAN STRAIN: So we're probably going to need hard copies of everything that you send out. MR. VIGLIOTTI: I had said 21 pages. I have 20. CHAIRMAN STRAIN: I've got 21. MS. CARON: One is -- MR. WHITE: What that points out obviously is that everybody's printer sees that document slightly different in terms of how it formats, so I would encourage all CCPC and staff members to utilize the section numbers we're referring to. I understand that the summary sheets help us -- keep us generally on task in navigating through this, but the section numbers are key. CHAIRMAN STRAIN: Thank you, Patrick, and what I think -- Catherine, what we can do is start on page one, and as you start each presentation, if you could make a note of the version date for each LDC amendment so that we're all reading from the same page, that probably will resolve the issue. MS. FABACHER: I certainly will. Okay. Now, I'm going to be working from the new summary sheet that we received. If you have the correct one, it has 20 pages, and my apologies. I did sent hard copies to everybody but Mr. Schiffer and Mr. Strain, so -- you will get hard copies, also. MR. SCHIFFER: Well, I kind of -- MS. FA 3ACHER: Yeah. Okay. All right. We're on page one of the summary sheet, and we are in block one, the definition of adjacent, which appears on page one of your packet dated August l Oth. CHAIRMAN STRAIN: Last time, we had a discussion on this about the verbiage of the waterway being included in this. MS. FABACHER: Correct. CHAIRMAN STRAIN: And actually, it works out that where it's applied in the balance of the code is more concerning than the inclusion of it in this definition, at least from the point of view that I raised last time. MS. FABACHER: Okay. CHAIRMAN STRAIN: If there's any other questions from the board. Ron, actually page one and Page 3 1612 C 7 September 21, 2005 two of the packet. MR. SCHIFFER: Aren't we waiting for a new definition? MS. FABACHER: Well, we looked at it, and we thought that we needed to put more study time into it than we had, that we should look at abutting and adjacent and adjoining in all the definitions and give you a real comprehensive review of it. MR. MURRAY: So you're withdrawing it? MS. FABACHER: Unless you have a recommendation. MR. SCHIFFER: Yeah, use the old definition. MS. FABACHER: Well, that's what will happen. We fall back on the old definition. So we'll withdraw this. CHAIRMAN STRAIN: Do we need a separate motion on each one of these? MS. FABACHER: Patrick? CHAIRMAN STRAIN: There he is. MR. SCHIFFER: Then we can move them faster. So move. MR. ADELSTEIN: Second. CHAIRMAN STRAIN: Okay. You make a motion to withdraw this? MR. SCHIFFER: Yes. MR. ADELSTEIN: Second. CHAIRMAN STRAIN: Seconded by Mr. Adelstein. Any other discussion? Hearing none, all those in favor? This motion by Mr. Schiffer, second by Mr. Adelstein. MS. FABACHER: The next item on page one of your summary sheet and on page three of your August 10th packet is the FAR language, and I believe this is where I am to make my public apology because I represented it as being returned exactly from the old code, and the old code read, the gross floor area of a building clearly designed for a parking facility shall not be included in the floor area ratio calculation. I had put in the your packet, the gross floor area of a building or any portion thereof designed and designated for a parking facility shall not be included in the calculation of floor area ratio, so I'd like to apologize for that error and read into the record that we would like to add the sentence -- add back the end of the sentence from your old code that reads, the gross floor area of a building clearly designed for a parking facility shall not be included in the floor area ratio calculation. MR. ABERNATHY: We are deleting this -- the new sentence? MS. FABACHER: Yes. MR. SCHIFFER: But I'm not -- I like the part, and any portion thereof. In a building that has mixed uses, you would want -- the building is not clearly designed for a parking facility. CHAIRMAN STRAIN: Well, first of all, this is being presented as a glitch amendment, and I'm concerned that the public thinking it was a glitch amendment as I did at first, that it's part of the old code. The language you see here is not part of the old code, and it would work to radically increase densities throughout the commercial and even residential areas. I went through the websites and pulled up floor area ratios in 19 other definitions. Eighteen of the 19 used gross, including the parking areas, except one. The one that didn't only excluded the parking areas for single family residential. So if you start using -- excluding all those parking areas, your FAR ratio, usable for saleable square feet and leasable square feet is going to escalate, density -wise, on every site. MR. SCHIFFER: Well, we don't use FAR for -- CHAIRMAN STRAIN: We've got FAR calculations in hotels that are in residential. MS. MURRAY: Susan Murray for the record. You have some PUDs that will use FAR for hotels 1612 0 T September 21, 2005 or adult congregate living facilities, as well as the code, so they are used, just not as much as most of your other -- CHAIRMAN STRAIN: Doesn't the stewardship area around Ave Maria use them, extensively out there, as well? MS. MURRAY: Yes, they use them out there. CHAIRMAN STRAIN: I think the intent that this county has worked with what's been in the old code and what's to be followed through in the new code, certainly not eliminating all this parking space and opening it up to more density for commercial without dually advertising it and airing it out in the open, I certainly think that would be fair to do. MR. SCHIFFER: I mean, I like the part that you don't punish somebody for putting up a parking garage. I mean, whether they just put it out on a level area or encourage parking garages. Would the suggestion be just -- we live with the existing wording, or is the existing wording omitted from the new code? MS. FABACHER: The existing wording was omitted from the new code. CHAIRMAN STRAIN: You want to put that back in, which does protect the issue you just said, which clearly if it's for a parking facility, it's exempt from FAR, but not every portion of a building is exempt, only if it's a parking facility. MR. SCHIFFER: Standalone parking facility? CHAIRMAN STRAIN: Yes. MR. SCHIFFER: I mean, I like the portion. That's my opinion. CHAIRMAN STRAIN: Is there any discussion among the members? MR. ABERNATHY: Well, I liked the original, but I'm really dismayed by the fact that it was changed under the guise of a glitch amendment of just bringing it forward because it does make a substantial change. It's a whole new, different ball game. MR. SCHIFFER: But in the proposal, doesn't it show underlined words? My impression would be, while you're bringing the whole definition back in and the underlined wording would be new, so I don't think there is any confusion there. I mean -- MS. MURRAY: The confusion was probably in the explanation, and you're right, it wasn't intentional. We just -- I think Catherine being a little new -- MS. FABACHER: Inexperience. Wanted to make it better for you. MS. MURRAY: -- with the terminology, so what is represented as an underline is a change. MR. ABERNATHY: Where did it come from? Why? MS. MURRAY: Actually, we had gotten -- I want to say indirectly input from the development community about the possibility of eliminating the parking structures in the calculation because of their size. They tend to eat up a lot of FAR requirements, if you're including them in the calculation. CHAIRMAN STRAIN: And that's exactly what we don't want to do. MR. SCHIFFER: Mark, when you did your little study, what was that that you're referring to? You looked at other zoning ordinances in other communities? CHAIRMAN STRAIN: I just went to different websites for different areas all over the country. I ran a GOOGLE search on it. Burlington is one of them, Seattle, WCEL, Chatsford, Calgory, Westlake, Fairfax, Brooklyn, Beaverton, all different places, and they did -- came back real quick with 19 of them, and of those 19, they rely on gross square footage, with the exception of the one I spoke about earlier. MR. SCHIFFER: But none of which -- I mean, we live in a flood plain. A lot of our parking structures are not even habitable space. CHAIRMAN STRAIN: All you're going to do is increase density on these projects. We've got enough problems with density now. I don't know why we want to go there. MR. MURRAY: If it's to be a valid arendment, couldn't it be brought back with the intent to Page 5 16 1 2"C September 21, 2005 change it, rather than what we're attempting to do here now? Would that make sense? CHAIRMAN STRAIN: Could be. MS. MURRAY: Well, I think what we'd like to do is -- we need to, I guess, really, is at least keep the old definition, and so if you want to recommend that we just stay with the old one, you know, we'll carry that forward with a recommendation. MR. MURRAY: I would make a motion that we would retain the old wording, and then if the development industry wishes to have it changed, they can subject it to these vetting processes. MR. ABERNATHY: Let me take one last crack at this. CHAIRMAN STRAIN: -Well, there's a motion. Did you make -- MR. MURRAY: I made a motion. MR. MIDNEY: I'll second it. CHAIRMAN STRAIN: Let's just get into discussion. MR. ABERNATHY: Discussion of the motion? I notice under reason, the statement, this exclusion, which refers to the parking facility, was part of the LDC prior to recodification. Now, from all I can gather, from what's been said here today, that's just simply not true. CHAIRMAN STRAIN: Right. MS. MURRAY: I already clarified that, so I'm not -- again, it wasn't intentional. I think it was just a little bit of misunderstanding on Catherine's part, and I think, just to kind of follow up on what I said before, Commissioner Schiffer, I think the reason we're seeing more of this being questioned is for the obvious reason of cost of land, and people are trying to maximize their site, so in order to not use a lot of their site for parking, they're building up, obviously, instead of out, and so the parking garages are eating up their square footage. It hasn't really been an issue before, but lately -- MR. MURRAY: That may very well be a good argument and should be subjected to the question, but for the moment, we're being -- we're looking at what this language was intended to cover, which doesn't cover it, or we should go back, as I made my motion, to go back to the original language. MR. SCHIFFER: Let me just say one thing. Our code use very little. I mean, most codes use it for all the commercial. We hardly use it. It's only in some residential. We encourage parking garages in other parts of the code. We allow people extra height to encourage people to put their parking in parking garages, so I don't think this would improve the community, to discourage them. MS. MURRAY: Generally, your commercial zoning districts and your commercial PUDs for the most part aren't going to use FAR. It's more the exception than the rule, so what -- they're going to have the ability to use their site to the extent that they can meet all the land developing code regulations with landscaping, water management, parking, and everything else that's required, and that's going to maximize their site. MR. SCHIFFER: And, Mark, we don't use FAR to create density, so essentially by not allowing this, people will be discouraged from the use of parking garages, which will cause more sprawl across the land with open parking lots, which I think is a negative. We set the density in the PUD in other methods. We don't use FAR like those other codes do. CHAIRMAN STRAIN: If they use a net building for calculation of usable square footage, then they've got to put that parking somewhere, so they'll end up putting more of it outside, as well. MR. SCHIFFER: Right. I mean -- and I think we want to evolve the town from the tall condo with the sea of parking. We want to start putting the parking in the parking garages underneath the condos. CHAIRMAN STRAIN: I think the FAR, though, as Susan said, is used a few times in commercial and maybe some PUDs. MR. SCHIFFER: I don't -- it's not used on any of the -- 0--W • 1612 C 7 September 21, 2005 CHAIRMAN STRAIN: I don't see the harm in leaving the language like it was advertised to be. I think it's used in the current -- MR. SCHIFFER: Because it will encourage people to use surface parking, versus -- MR. MURRAY: I ask that we call the question. CHAIRMAN STRAIN: There's a motion on the floor. Discussion? Hearing none, I'll call for the vote. All in favor? Anybody opposed? MR. SCHIFFER: Me. CHAIRMAN STRAIN: The motion was to replace the language with the old language as it is in the old code. We're on page four. MS. FABACHER: Okay. We're still on summary sheet one, page four, the definitions of lot depth and width measurements. You asked that we bring it back this meeting to clarify lot widths on cul de sacs and five -sided lots. Unfortunately, we have not had the staff or the resources to put on this in the short time line, so what is your recommendation? Would you like it withdraw it? CHAIRMAN STRAIN: I think this meeting's going to be continued until October for at least one other, that's the Golden Gate master planning review. We're going to have some discussion on that I would assume today, but I know it needs to be continued, as well. MS. FABACHER: All right. CHAIRMAN STRAIN: So would that give the staff more time to come back with language? MS. FABACHER: Yes. CHAIRMAN STRAIN: That okay with the rest of the panel? MR. SCHIFFER: Remember I volunteered to help. MS. FABACHER: Right, to help. Thank you. Thank you. Thank you. Okay, if we're ready, we're going to move to page two of the summary sheet, and the definitions of the four types of restaurants which were taken verbatim from the old code. MR. MURRAY: And I have a question, if I may. MS. FABACHER: Yes. MR. MURRAY: We speak of restaurant drive through, then we speak of restaurant fast food, but when we read the definitions, it seems to exclude -- if I go to a Burger King, I can park my car and I can go inside, or I can drive around and I can pick up food. According to my understanding of these definitions, that doesn't seem to be allowable here. MS. FABACHER: Right. Right. I understand. MR. MURRAY: So they didn't modify it? MS. FABACHER: We didn't modify for the same reason that I gave on the lot with the depth. We just haven't had time. We worked on other amendments, but -- MS. MURRAY: Well, actually, I think -- CHAIRMAN STRAIN: Yeah. Doesn't fast food restaurant fill what you just said? MR. MURRAY: Yeah, but if you read this, you find out that it's not covered the way it should be covered to allow for that. CHAIRMAN STRAIN: For what? I'm trying to understand. It says an establishment where food is prepared to be served to customers in a ready -to- consume state for consumption, either within the restaurant building or outside of the building. Isn't that what Burger King does? MR. MURRAY: Restaurant drive through, a fast food facility with one or more drive through lanes where food is ordered through a speaker phone and menu located in the drive through lane. This type of facility has no indoor seating or food ordering. Now it's a different feature. What do we do for a place like Burger King and McDonald's -- Page 7 1612` September 21, 2005 CHAIRMAN STRAIN: Slow down a little bit. She's trying to -- MR. MURRAY: Oh, I'm so sorry. I'm sorry. CHAIRMAN STRAIN: There are two definitions on the page. MR. MURRAY: I know. If you look at the next definition of fast food, it doesn't allow for the vehicles, doesn't allow for the drive through. CHAIRMAN STRAIN: You're saying you want a definition for a combination -- MR. MURRAY: It should be there. MS. MURRAY: We're talking about primary or principal uses here, so I guess the best way to explain it is to look at the two different restaurant types. Like if you have Checker's versus a McDonald's. Checker's, you're primarily driving through the pick up. I mean, you're not stopping to park and eat or go inside or walk inside and order, pick up, sit at a table, et cetera. You're pretty much 98 percent of the time driving through the pick up. There may be a few parking stalls where somebody walks up to a window, but everything is outside, the pick up, or there may be one or two seats outside, but that's the primary principal use issue. Now, with a drive through window like on a McDonald's, that's considered more of an accessory type of -- MR. MURRAY: It doesn't say so here, and I can only read and understand what my mind allows me to, so if I understand it, you're saying that that's covered, that would have no problem with anybody -- MS. MURRAY: Correct. MR. MURRAY: -- then I'm fine, but it didn't read that way for me. CHAIRMAN STRAIN: If there's no other discussion, is there any reason we don't want to move this then forward? MR. ADELSTEIN: I'll make a motion. MR. SCHIFFER: Second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, second by Commissioner Schiffer. Now, is there any discussion? MR. MURRAY: Well, do we want to move it forward? MR. SCHIFFER: Aren't we waiting for the staff s response in reply? MS. MURRAY: Well, the conversation that I had in my notes that we talked about last time was -- I think it was Commissioner Strain, asked about in the restaurant drive through definition where it says speakerphone. CHAIRMAN STRAIN: Yes. MS. MURRAY: And I think he asked for some clarifications, what if you just drove up to a window, would that be the same, and, you know, we indicated yes, and we could certainly clarify that if that's still the planning commission's wishes, but that was my recollection. MR. SCHIFFER: But there was other stuff. For example, B, I noted was not a -- you know, it says it was not a characteristic. MS. MURRAY: Right. You asked that that be taken out. I was just focusing on those first two. Then I think there was a question on B about table service, self service rather than table service, and some clarification, I think, was asked for, like, you know, table service would be a waiter, rather than self service, where, like, you would walk up and order your stuff. CHAIRMAN STRAIN: Susan, it's my understanding right now the code doesn't have these definitions in it. So these are being brought back in. MS. MURRAY: These are the old definitions, right. CHAIRMAN STRAIN: And they're being brought in to kind of help with the situation right now. think if we at least bring them in, it's better than not having them at all. If they need to be tweaked, we can always do that in a cycle next year for varying nuances like we're talking about. 0,•- 1612 C September 21, 2005 MR. SCHIFFER: We can bring them in perfectly now. CHAIRMAN STRAIN: Well, we can, but staff has indicated they haven't had time to address the issues we brought up last time. That's why I'm mentioning it. MR. SCHIFFER: But there'll be others, so let's let staff clean it up? MS. MURRAY: Well, I think we didn't understand your complete direction. I had notes about removing E. You said it's not a -- MR. SCHIFFER: -- characteristic. MS. MURRAY: Yeah. Please eliminate, and that's fine, but the other notes I just have were just clarification, which I don't have a problem with trying to do that now if you want. Whatever the board wants to do. MR. MURRAY: Mark, are we clear that since they were admitted during recodification that the definitions that we have here are those from the original code? MS. FABACHER: Yes, they are. CHAIRMAN STRAIN: I didn't notice any blatant changes. MR. MURRAY: They are the same? MS. MURRAY: And we've been using them without difficulty for years, so other than when we found out they were missing. CHAIRMAN STRAIN: There is a motion made and seconded -- MR. MURRAY: -- to retain them. CHAIRMAN STRAIN: -- to retain them, right. All those in favor? Anybody opposed? That one goes through. MR. SCHIFFER: Just for clari -- that's retained and kind of tweaked a little bit? I mean, you're going to fix them? CHAIRMAN STRAIN: I think retain -- MS. FABACHER: We'll retain them and you can tweak them for the next cycle if that's your direction. CHAIRMAN STRAIN: Let's just get them back in the code. We're on page seven. MS. FABACHER: Yes, we're on page two of the summary sheet and page seven of your packets, sporting and recreation camps, and that is exactly the same issue. It is brought back verbatim because it was requested by staff because of -- an applicant has come in with this type of project, and we noted that it had been omitted from the table of permitted uses, so -- CHAIRMAN STRAIN: Okay. MS. FABACHER: I'm sorry, not permitted, conditional and accessory uses. They'll still have to go through conditional approval process. CHAIRMAN STRAIN: During that process we can pare down any concerns we have. MS. FABACHER: Absolutely. CHAIRMAN STRAIN: Any comments from the Planning Commission? MR. SCHIFFER: So move. MR. MURRAY: Second. CHAIRMAN STRAIN: Moved by Commissioner Schiffer, seconded by Commissioner Murray. All those -- any discussion? Hearing none, all those in favor? Anybody opposed? MS. FABACHER: Okay. We're going to go -- MR. ADELSTEIN: I have a slight question, actually. It's got sections 2.03.07 and that's the Golden Gate Parkway. On the one we got August 18th, we also have a section 2.03.07, and that's TDR credits. MS. FABACHER: Oh, well, that's from Special Cycle -- that was from Special Cycle 2A, the TDR credits. MR. ADELSTEIN: The point I'm making is, how do we get,the same numbers? We have Section 161z c September 21, 2005 2.03.07, and you have a Section 2.03.07 on two separate issues. MS. FABACHER: Oh, correct, Commissioner, but there are different numbers like I and N and L. There are subsections. MR. ADELSTEIN: There's an N and I, then there's one with absolutely nothing else but 2.03.07. 1 just want to know if it's typographical or where the situation is. MR. WHITE: It may be an omission that in the future we all would be well advised to make sure we're at least giving those capital letter subsections in the amendments. MR. ADELSTEIN: On page seven, the 2.03.07 has no caption number, and page one on August 18th has the same thing, 2.03.07, with no other caption. CHAIRMAN STRAIN: We're jumping ahead, now. We're on page three. MR. ADELSTEIN: Yeah. Well, this was on page one, so I'm just trying to -- CHAIRMAN STRAIN: That is the special cycle that we're already finished with, right? This one? MR. ADELSTEIN: Yes. CHAIRMAN STRAIN: It said page one of the special cycle involving the TDR process is -- shows a discrepancy in the numbers between page seven and today, so let staff look at that and see what the problem is. MR. ADELSTEIN: Right. All I wanted to do is bring it out. CHAIRMAN STRAIN: Sure. Let's go back to page three of our summary sheet and page nine of the LDC amendments. MS. FABACHER: Okay. All right. That would be the definition of the waterfront yard, and that again was brought back verbatim from the old code, and same -- you asked for more clarification, but we worked on other amendments extensively and didn't have time to go back and revise this one. CHAIRMAN STRAIN: But this is the exact language in the old code? MS. FABACHER: This is the exact language. MR. MURRAY: Motion to approve. CHAIRMAN STRAIN: Okay. Motion -- okay, let's take it a little slower. Mr. Murray, did you that motion? MR. MURRAY: Motion? I did. CHAIRMAN STRAIN: Second by Mr. Adelstein. Is there any discussion? MR. ABERNATHY: What is the motion? CHAIRMAN STRAIN: Motion to approve the language under yard waterfront LDC. MR. ABERNATHY: Not wait for the clarification? MR. SCHIFFER: The issue was over measuring over the access easement, which I'm not sure -- we have situations I know where we have access easements along the waterfront, and we're not measuring from the edge of that access. CHAIRMAN STRAIN: Well, you've got to measure to the legal line. This one references property line, bulkhead, shoreline, seawall, or high water mark, whichever is the most restricted. MR. SCHIFFER: Or accesses. CHAIRMAN STRAIN: But I don't think -- does it list accesses on there? MR. SCHIFFER: Third sentence in. The access is a big concern to me. MS. FABACHER: Okay. Excuse me. I said it was brought back without changes, however, I did change the citation at the end to 40203A, table four, whereas before it referenced the old numbers from the old code, so I just updated the citation to our new numbering system. MR. ABERNATHY: Well, let me renew my question. Last time we saw this, we said it needs further clarification. Are we now waiving that notation of ours. CHAIRMAN STRAIN: We're either going to waive it -- MS. FABACHER: -- or are we going to bring it back next cycle? Page 10 1612 C 7 September 21, 2005 CHAIRMAN STRAIN: -- or bring it back next cycle or put this in place so they have something to work with and bring back a correction next cycle. MR. ABERNATHY: Funny way to run a railroad. MR. SCHIFFER: Yeah, and ultimately, they're just throwing work til tomorrow. Why don't we just solve it today while we have it in front of us? I mean, we've got enough to do up here now. MR. MURRAY: Is there plausibility we can solve it? CHAIRMAN STRAIN: Well, I mean, staffs still going to have to take our comments, come back in summary form for next meeting for us to review what the final draft is, unless we come up with the final language, but I'm not sure by doing so at this meeting, it's going to have the appropriate research. MS. FABACHER: Exactly. Might I suggest that we do work on it in the interim and consult you by e -mail because you know we do download other codes and look at what other codes have? CHAIRMAN STRAIN: If there's any question on the panel that we ought to bring it back in October when we continue this meeting. MR. MURRAY: I withdraw my motion. CHAIRMAN STRAIN: The motion's been withdrawn, and we're going to ask to continue it until the next meeting. MR. ABERNATHY: I just have a feeling if we approve these things. CHAIRMAN STRAIN: Right. MR. ABERNATHY: We'll never see it again. CHAIRMAN STRAIN: Right. MR. SCHIFFER: It's a good feeling, Ken. CHAIRMAN STRAIN: Well, the next one you're going to be real happy with. Its pages of signed ordinances. MS. FABACHER: Well, actually, no. Let me get my paper here. It's not as -- it's not as bad as you think. You directed us -- at the last meeting we discussed the fact that you directed us to go out, go through and search out and see where -- it was suggested we use the -- search the code and see where these definitions were referenced in the code and if any of them were not referenced in the code. So -- which we have done, and we found that there are three definitions that are not referenced and used in the code, and that would be -- I'm on page 13 of your packet. That would be the top of the page, sign combination, a sign which is made up or two or more signs, inclusive of billboards. That did not appear anywhere in the code, so we may strike that one. It's your preference. The next definition, sign combination, farm, a temporary sign placed in advance of issuance of a certificate of occupancy of a building or structure, indicating the name of the building or structure, the architects, contractors, and other similar information regarding the building or structure. Construction signs do not contain any promotional or sales material. That one did not appear to be referenced in the code. CHAIRMAN STRAIN: You've got to talk a little slower. This lady's fingers are just burning up. MS. FABACHER: I'm sorry. I'm so sorry. Do you need me to repeat that? COURT REPORTER: No. MR. WHITE: Oh, please don't. CHAIRMAN STRAIN: Just read the header. MS. FABACHER: Okay. The last definition that did not appear in the code is on the top of page 14, and that is sign, farm, organization, so -- MR. ABERNATHY: Is anybody claiming that these have been put in here in anticipation of something that's about to happen? MS. FABACHER: No. I met with sign review staff. No. Page 11 1612 C September 21, 2005 MR. ABERNATHY: So there's no really rational basis for them staying in? MS. FABACHER: Right. At one time, they may have had -- been germain to some of our previous records, you know, regulations, but as you suggested, we ran it on the union code, and these were the only ones that were not referred to in our regulations. CHAIRMAN STRAIN: So then to meet the consistency with the idea of a glitch amendment, we have to accept all this except for those three? MS. FABACHER: Right. MR. ADELSTEIN: So moved. MR. VIGLIOTTI: Second. MR. SCHIFFER: Well -- CHAIRMAN STRAIN: Moved by Commissioner Adelstein, seconded by Commissioner Vigliotti. Discussion? MR. SCHIFFER: I'd like to talk about some of these. Some of them are confusing. On page 14, there's a ground sign which is aka monument sign. There's a monument sign, there's a pole sign. I mean, do we need all these definitions, and what do they really mean? MR. MURRAY: Why aren't they part of the code? CHAIRMAN STRAIN: It's a glitch amendment issue on this one. MS. FABACHER: They were all part of the code, and the reason they came back was that the sign -- people in the sign review department have problems with -- they're using a Xerox copy of these from the old one because when applicants come in, there's some -- always some discussion or argument over what constitutes a certain type of sign. Therefore, that's why they asked us to put it back in, so that they could point to it. Instead of a Xeroxed sheet, they could point to it in the code and say, this is what the definition is, and there's no argument because people can interpret a certain type of sign any way they see fit and argue that, so the review staff needs to have the ability to point to our Land Development Code and say, this by law is what the definition is. MR. MURRAY: Well, I'm certainly in favor of clear definitions. Go ahead. MR. SCHIFFER: The concern was that a lot of the definitions were taken out of the code, the reasoning for it, and Patrick would know better than anybody, is because the definitions were actually putting requirements on signs, and it was something that was taken care of in the sign ordinance, not in the definitions -- MS. FABACHER: Well, we had planned, since this had gone before DSAC and everything as is. They have made up revisions to take that out, but we thought, just to get something in for now, we would present that to you at the next cycle, to remove the operational provisions. MR. SCHIFFER: But has the staff, I mean, reviewed the signed ordinance? In other words, it's hard for me to believe that with the volume of signs we're talking about, it's not in the sign ordinance, that portion of it, so therefore it didn't need to be in the definition. Is that the case, or -- because this is a lot of stuff taken out. I don't think it would have been taken out frivolously. MS. MURRAY: Susan Murray, for the record. I think you're kind of asking me to know what was in the head of our consultant at the time, and I'm not sure I can really answer that. The intent behind the recodification was not to change any of the regulatory rules. I mean, you know, we talked about that, but I think from what I understand from some of Diana's problems, and I've talked to her about this, too, is that that is actually kind of what happened when some of these definitions were removed, right or wrong, and I agree our intent also was to remove regulatory provisions out of the definitions, but to kind of solve the issue now, we thought we would just put them back in with a plan later to come back and actually clean them up, and I've talked to Diana about, too, some other changes to the sign code, as well, for government buildings and things like that, so we didn't really plan in our work schedule to do a wholesale review of the Page 12 1612 C 7 September 21, 2005 definitions, only to just try to stick them in now with a plan later to come back, and that's why they're here before you again. MR. MURRAY: I -- go ahead. MR. SCHIFFER: Well, what the staff is saying is that without these definitions, the sign ordinance part of the LDC is not working? Is that what they're saying? MS. FABACHER: What we're saying is is that there are disputes with all the applicants over what a certain -- what constitutes a certain kind of sign, and so currently they're working with a Xerox copy of the old definitions. CHAIRMAN STRAIN: There's no harm done, Brad, in putting this in. MR. SCHIFFER: Well, I want to make sure there's no harm done. I mean, I'd hate to have something here conflict with the regulatory language. CHAIRMAN STRAIN: I think that's why they did the search from our comments last time, in order to discover that. MR. SCHIFFER: And you don't find any grief? MS. FABACHER: No, we did not. CHAIRMAN STRAIN: They found three items that needed to be extracted from this in order to be consistent. MR. SCHIFFER: I thought the search was just to see if the words were used in our regulations. MS. FABACHER: That's what it was. MR. WHITE: That's correct. However, what the staff has told you is that based upon their analysis in comparison of those definitions to the operative provisions, that they believe a wholistic, comprehensive review of the definitions and that portion of the LDC is warranted, and that in the interim, solely to allow those discussions by various applicants to be resolved through the addition of the prior definitions, that they believe that is the more appropriate course of action at this time, and if you so direct as a favorable motion on this particular matter, that they bring those things back as this promised to you in the spring, then I think that would resolve the matter. MR. SCHIFFER: I like that. CHAIRMAN STRAIN: Now, the motion that was made was to recommend moving this forward. Mr. Murray, you have another question? MR. MURRAY: Yeah, I have. It may be farfetched, but I thought I remembered that we have a 4 -H Club out by the grounds, the fairgrounds, and I just wondered if we wouldn't create a problem if they ever wanted to put up a sign out there. I don't know how significant this is, certainly, and if it wasn't in the code originally, probably it's inappropriate to try and put it in there. MR. SCHIFFER: We have a farm sign that will take care of it. CHAIRMAN STRAIN: They've got five pages of signs to pick from. They can find one. MR. MURRAY: Okay. So we're comfortable with that? All right. CHAIRMAN STRAIN: Now the motion was made, I'm assuming, to exclude the three definitions that were not part the old code? MR. MURRAY: That's correct. CHAIRMAN STRAIN: Okay. Having finally discussed this, all those in favor of the motion? Anybody opposed? MR. WHITE: I'm assuming for clarification purposes, Mr. Chairman, that the form of the motion included direction to staff to bring the matter back as they so indicated. CHAIRMAN STRAIN: If that needs to be a motion. I would assume that was part of it. I know that they were going to -- MS. MURRAY: I'm noting -- and I think maybe what we could do is follow up with you in the memo and one of your packets after this, just outlining everything that we talked about bringing back for Page 13 1612 C 7. September 21, 2005 next cycle, so you can match it up with your notes, and then we're all on the same page. Okay? CHAIRMAN STRAIN: Now, do you want -- are you saying that should be in the form of a motion? MR. WHITE: No, sir. I'm saying if that's what the form of the motion was. I just wanted it clearly expressed. I'm comfortable with your direction as explained in the motion. CHAIRMAN STRAIN: Let's move on to page four of the summary sheet. MS. FABACHER: Okay. This is the Conservation Collier lands amendment to the essential services provision, and we have -- Alex Sulecki's here, director of the Conservation Collier lands, and we do have a handout for you because we had some input in the interim over some legal issues with the -- some of the oil and gas industry personnel over the fear of losing some of their permitted rights under the existing zoning, underlying zoning districts. So Alex is going to give you an overview, and then I think we'll discuss the changes with you, if that's okay. CHAIRMAN STRAIN: There's fine. MS. SULECKI: Good afternoon, Mr. Chairman and Commissioners. For the record, my name is Alexander Sulecki. I wish I was a director of something, but I'm not. I'm just the coordinator of the Conservation Collier program. You have in your packets a copy of the proposed LDC amendment for Sections 1.08.02, adding a definition for Conservation Collier lands, and 2.01.03, adding Conservation Collier lands as an essential service permitted by right in all zoning districts and identifying the minor improvements and conditional us improvements, and I've handed you some minor changes to that, and I'd like to give you an overview and identify what changes were made. As you know, the Conservation Collier program is the county's land acquisition program authorized by voters in a 2002 county -wide referendum. The goals are to acquire, protect, restore and manage environmentally sensitive lands in Collier County for the benefit of present and future generations. One of our primary goals because these lands have been purchased wholly or in part through ad valorem assessments is to provide reasonable public access for citizens to partake and enjoy various outdoor activities in environmentally friendly manner. As we began to buy land and plan for this public access, we realized that under many of the zonings, we could not do so without individually rezoning each property as we purchased it, which was very time consuming and expensive. So after some staff discussions, it was determined that the best way to accomplish our public access goals was to make the changes in the LDC that you see before you. So we've added Conservation Collier specifically as an essential service and defined a minimal provision for public access that would allowed by right, while still going through the permitting process for anything that requires a permit, and these include a walking trail with a section that's in compliance with ADA requirements, a parking area for less than 20 cars, a rest room under 500 square feet in size, an informational kiosk and one ground light. For major improvements, anything more than this, we'll go through a conditional use process, and the changes that you see are to add the word "passive" to describe minimal uses. It's in red, and this may already be in your book because that was a change made by the development services advisory committee. The other changes to correctly identify that hiking trails are a use allowed by right and to add language that applies these allowed uses to conservation easements, as well as fee simple acquired lands, and these were changes that were recommended by the Conservation Collier advisory committee at our last meetings. And then also, we wanted to clarify that this change that we're making neither reduces nor expands current gas and mineral rights as they exist, and that was a suggestion from Barron Collier companies. Mr. Brian MacKenzie, who represents them, is here today and may want to speak with you about that, and that's what I have for you. If you have any questions, I'd be happy to answer. Page 14 1612 C September 21, 2005 CHAIRMAN STRAIN: Mr. Midney. MR. MIDNEY: If we're buying these lands through Conservation Collier, why are we worried about retaining oil and gas exploration rights? Is the county planning on exploring these lands, or are we not buying the mineral rights? MS. SULECKI: Pm going to ask, maybe, Patrick to answer that one, but my quick understanding is that we cannot buy the rights. They are not for sale. So on some properties, these rights exist. There have been agreements made, and that we are simply sticking by those agreements that were made previously. MR. WHITE: Those are the facts. I have no legal opinion about them. CHAIRMAN STRAIN: When this came up, this situation, a lot of times they can directionally bore from off site, and they need the right to pull the minerals out from under the site, but by directional boring, they still have the right to do that without disturbing the site itself. Brian, I know nothing gets by with oil and gas in Collier County without Brian's comments. MR. MACKENZIE: Actually, it was -- Brian MacKenzie representing Collier Resources Company. When I read the initial proposed amendment, I was -- my concern actually was less direct than that. My concern was that in areas where we would already be allowed to do this, which is primarily conservation and rural ag, that by installing Conservation Collier lands, we may have changed the zoning and exclude our ability to access our separate mineral estate. What we've changed the language to accommodate here is that -- not just for oil and gas, but for all land uses -- the zoning, the underlying zoning, wherever the Conservation Collier lands are established is not changed. It's not made greater or not made less. And then we just made an affirmative statement about the permitting conditional uses relative to oil and gas over our separate estate. MR. MIDNEY: So you're saying that if the taxpayers buy some land to be used for conservation, that Collier still has, Baron Collier still has the right to drill for oil and gas there because that is not for sale? MR. MACKENZIE: Only if they own the mineral rights. MR. WHITE: If I may interrupt just to help clarify? There is an absolute distinction between the ownership of the oil and the gas mineral rights, which are a property right, and regulatory permission by rules in the LDC or elsewhere to perform either exploration activities, extraction activities, processing activities. So when we're discussing the matter, I'm just hoping we can be all clear about the difference between property rights and the regulations of how you may access and use those property rights. The government is free to regulate how you use those property rights, the same way we do your property rights of ownership, of the fee for residential, commercial, industrial, and so on. MR. MIDNEY: But I thought if you bought something that you were the one that had the rights. MR. WHITE: I think you'd have to look to the scope of each of those contracts. My understanding is, from what Brian is saying and what I'm hearing from Alex and others is that the intent of the program, the Conservation Collier program, is not to buy those necessarily ownership rights. They may not even be for sale. MS. SULECKI: That's correct. MR. MIDNEY: They're an easement, then? MR. WHITE: They are a species of easement, I believe, yes. They're subsurface rights. CHAIRMAN STRAIN: Mr. Adelstein? MR. ADELSTEIN: There's a complete difference between the property, ground, and what's under it. You can buy -- I own a piece of property. I sold the mineral rights to XYZ company. They have the mineral rights. I own the land. This is the same thing they're doing. Its two separate purchases, and I think that's the way it would work, absolutely the way it should be. MR. WHITE: In general, when you buy land as fee simple, which is kind of a lawyerly word, you Page 15 1612 C 7- September 21, 2005 own all of those rights, from the center of the core of the earth out to the ends of the universe. However, here we're only buying, essentially, sounds like surface rights, which include that part of the land, the fee, that is regulated by the Land Development Code as we're proposing today, and is intended to leave unchanged how we otherwise were previously regulating access to, exploration of, development and extraction for the underlying subsurface oil, gas and mineral rights. We didn't want to change any of how that operated before. We simply wanted to facilitate being able to use surface rights that were being acquired by the Conservation Collier lands program, so that they were able to be developed, consistent with the Conservation purpose, allowing passive and other kinds of recreational uses. CHAIRMAN STRAIN: Mr. Schiffer, did you have something you wanted to add? MS. SULECKI: May I add something quickly to that, which we would buy them if they were for sale, but they are not for sale. That's my understanding. MR. MIDNEY: Not all the lands that you're thinking of buying have these separate mineral rights. It's just certain ones? MS. SULECKI: That's correct. MR. MIDNEY: Okay. That clarifies it for me. MR. SCHIFFER: Paul, to be comfortable, you wouldn't want -- without this, there might be lands that would not go into the program because they would not want to have a problem over that. Growing up in a part of the country with coal mining under us, I find this is something I'm used to. The zoning that you're referring to, it's not just to get the mineral rights, is it? So Conservation has control of a piece of property, you could, let's say, have commercial zoning on it. What this is saying is that that commercial zoning would not be removed, it would be held essentially in place so that there wouldn't be any confusion with the oil. Isn't there -- I mean, what would protect that? Obviously Conservation Collier owns it, so they certainly wouldn't allow a 7- Eleven to be built on it, but what would -- why do we need that protection? Why can't we remove the zoning? MS. SULECKI: We could remove the zoning. It was just considered that that would be very time consuming and expensive to do on each property, and the problem was, for example, in industrial zoning where we purchased a property. There is no use for a park, passive use of a park, so we could not put a parking lot and a trail on, and we couldn't get the public on there. In the estates, you can't put a parking lot without having a primary structure, so these were the issues that we faced as we looked at the zoning and the problems, so we would not be changing the underlying zoning. The property is protected because it's identified through the deed as Conservation Collier, and the ordinance identifies that we cannot use those for anything other than conservation purposes. We may in the future decide to change the zoning. MR. SCHIFFER: Okay. So what you're saying is the protection is going to come from your ownership -- MS. SULECKI: That's right. MR. SCHIFFER: -- and your goals, and not -- couldn't we come up with a -- have the zoning that you can come, you can do whatever you want to do with your passive -- and make that a zoning classification that would -- CHAIRMAN STRAIN: We'd still have to change it, though. MS. SULECKI: We could, but we'd still have to change each property as we acquired it. That's the problem. MR. SCHIFFER: Okay. All right. MR. MURRAY: Just putting the nail, if I may, in the coffin on that one, the acquisition by whatever means, whatever, a warranty deed, fee simple, that is in perpetuity? These lands are being placed Page 16 1612 C September 21, 2005 in perpetuity for this function. Correct? THE WITNESS: Yes, they are. MR. MURRAY: So that basically cinches it, if I understand it correctly. CHAIRMAN STRAIN: Patrick, did you have a comment? MR. WHITE: No. MS. FABACHER: I have a -- CHAIRMAN STRAIN: Thought you raised your hand. MS. FABACHER: Yeah, thank you. Just to answer something that you had asked about directional drilling, and I've discussed this with both Patrick and Brian, in most of the -- okay, oil and gas exploration is a permitted use in the rural agricultural and the conservation district. However, the rural agricultural has -- it says, subject to state drilling permits and Collier County site development plan review procedures, and what we have done, what Stan Litzinger and Marti Chumbler did in all of the sending lands, the RFMU, they had put in this operational provision for oil and gas exploration, which says, you know, it's subject to state drilling permits in Collier County, non - environmental site development plan review procedures. Directional drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats where determined to be practicable. CHAIRMAN STRAIN: I was going to bring that up, and I thank you for bringing it up, and that's exact language. I remember we went through this two or three years ago in detail. MS. FABACHER: And we worked out this language, so -- MR. MACKENZIE: The references are exactly to that provision. CHAIRMAN STRAIN: I realize it. MS. FABACHER: Right. So we -- I had spoken to Brian and with his new language, he had no problem, you know, putting in pursuant to this operational provision, which will just cite the section reference and not write it again. CHAIRMAN STRAIN: I have one question about the language that you've inserted, Alex. It's not the new stuff, it's the old stuff. It says, Conservation Collier lands which provide for permitted non - destructive, in other words passive natural resource based activities, and it goes into saying they can be less than 20 parking spaces, et cetera. The word "non- destructive" I don't believe is a defined term, and in a lot of peoples' minds, a trail is destructive to a natural environment. With the word "passive" in there, do you really need the word "non- destructive" in all these definitions? MS. SULECKI: Well, we had some conversations about that, and my understanding is that the word passive appears in other areas of the LDC, and that staff plans to add a specific definition to the definition section in the next LDC cycle, identifying exactly what that means. We may not need non - destructive at that point, but what we -- our idea of passive or non - destructive was non - motorized use of trails except where for the purposes of management or environmental maintenance or management by the county. CHAIRMAN STRAIN: But see, Alex, for a natural area, which Conservation Collier seems to believe it's -- a lot of people think that's natural. A parking area less than 20 spaces is not natural. A kiosk of 100 square feet is not natural. A public restaurant is not natural. In order to create those, you're doing some destructive process on the environment to do that, no matter how small it might be. For that reason, rm thinking non - destructive might be a bad term to have in there because some people may take it as meaning no disturbance. MR. WHITE: There's some confusion, I think, between what the operative provision pertains to and what the lands are that this regulation is talking about because what it's saying is, those lands which provide for permitted non - destructive passive natural resource, blah, blah, blah, activities. It isn't saying that the things that are otherwise going to be allowed later on in the provision Page 17 1.612 C September 21, 2005 themselves must be in all instances non - destructive. It's talking about the overall aggregate purpose and use of Conservation Collier lands. CHAIRMAN STRAIN: So it's not referring to the parking lots or the damages that those would cause? MR. WHITE: No. CHAIRMAN STRAIN: Then I have no other issues. MR. WHITE: I had that same initial kind of scratching of head. CHAIRMAN STRAIN: Any other discussion on this item? Brad? MR. SCHIFFER: I move for approval. MR. MURRAY: Second. CHAIRMAN STRAIN: Motion was made by Commissioner Schiffer, second by Commissioner Adelstein. MR. WHITE: Could we just be clear about which version it is that we're -- CHAIRMAN STRAIN: The latest version that's in red ink, Patrick, that you gave us today. MR. MURRAY: Is that completely inclusive of that which was in the packet? CHAIRMAN STRAIN: No. And then some. MR. MURRAY: And then some? MS. FABACHER: Right. Then the provision that I had asked be added for the oil and gas provision that provides for directional drilling and using already cleared land where practicable. (Several people speaking at the same time.) CHAIRMAN STRAIN: Quiet for a minute, please. Let me get this on the table. The motion needs to include the language that was passed out in the supplement that was given to us today, with the provision that Catherine referenced in regards to the oil techniques. MR. WHITE: And if I could just interject, that section is 2.03.05 B lc(1). Thank you. MS. FABACHER: I. It's an I, not a one, but that's it. CHAIRMAN STRAIN: So, would that be in the motion? This package today that we changed, is that your motion? MR. SCHIFFER: Right. Isn't that the one dated June 22, 2005, which is the version date on mine? MR. ADELSTEIN: Yes. MR. SCHIFFER: Catherine, is that the version date, June 22, 2005? CHAIRMAN STRAIN: The one that was passed out today is the -- MS. FABACHER: The one that was passed out today is dated -- where's your date? CHAIRMAN STRAIN: Down the bottom, June 22, 2005. MS. FABACHER: Yes. Yes. The one passed out today with the new language in red. That's the only other version aside from what was in your package originally. CHAIRMAN STRAIN: Right. You're making a motion to approve that supplement? MR. SCHIFFER: Yes, it is. CHAIRMAN STRAIN: With the correction -- with the additional language that Catherine noted. Correct? MR. SCHIFFER: Yes. MR. ADELSTEIN: Second. CHAIRMAN STRAIN: The second accepts that. All those in favor? Thank you. MS. SULECKI: Thank you. MR. SCHIFFER: Mark, let me make a comment because I don't think -- when we do revisions, we really should update that date because the date is the same date as the old version. MR. WHITE: I think that's an oversight on the part of perhaps the drafters, and we'll be more diligent about those, especially if you duly note those. I 1612 C 7 September 21, 2005 CHAIRMAN STRAIN: Okay. We're on to page 24. MS. FABACHER: We're on to page 24 in the packet, and that is the clarification of the parking and storage of vehicles, and if you'll note on page 24, there's -- they're simply renumbering, changing the numbering system, from capital -- from numbers to capital letters. MR. MURRAY: Move for approval. CHAIRMAN STRAIN: Motion has been made by Commissioner Murray, seconded by Commissioner Schiffer. Discussion? All those in favor? Opposed? MS. FABACHER: Now, the next item we've already covered. It's on page 18, but when I had divided the definition out from the Conservation Collier, so we just passed that one. All right. So I'm turning to page five of the summary sheet. CHAIRMAN STRAIN: Catherine, you said page 18. We're on page 27. MR. MURRAY: You've confused the devil out of me. MS. FABACHER: I'm sorry. CHAIRMAN STRAIN: On page 27, on page five of the summary sheet. MS. FABACHER: All right. Okay. Sorry. All right. We're talking about the amendment for staggered setbacks in the estates. The BCC had directed, asked, that this be brought because at a public meeting, some of the residents were concerned about the ability of emergency vehicles to be able to access homes in the estates, which you know on these lots, particularly the 75 -foot wide by -- can 660 feet long? MR. SCHIFFER: Right. MS. FA 3ACHER: They had requested that it be staggered, so -- CHAIRMAN STRAIN: But see -- MS. FABACHER: The front setback. I understand your concern, Mr. Strain. CHAIRMAN STRAIN: There's a big concern here because first of all, the Golden Gate master plan committee went into a lot of depth on this issue. This is not what we recommended. In fact, this would not even close to accomplish the goal that the citizens were asking for. MS. FABACHER: Exactly. I think that was in staff comments because David Weeks brought that point up to us, that you did not want it, but I was asked it bring it back. CHAIRMAN STRAIN: I've spoken to some people who have been involved with this, and they realize now, after laying it out on a piece of paper, that it doesn't work, and if you want me to, I can show you how that fits. MR. SCHMITT: It would be very, very problematic even if -- CHAIRMAN STRAIN: You have to be careful because you could force people onto someone else's property to get access to their back yard. We can't do that. MR. ADELSTEIN: I move that this section not be approved, rather than going through this. CHAIRMAN STRAIN: Well, we need to have discussion, but if there's a motion -- MR. MIDNEY: I'll second it. CHAIRMAN STRAIN: The motion's been seconded by Commissioner Midney. Now you all understand what we're trying to do is stagger the 75 -foot wide lots, but they still retain seven - and -a- half -foot setbacks. Well, if you do that, a vehicle's got to go on a neighboring lot to get to the back of the yard, which legally they can't do. MR. SCHIFFER: The question is, Mark, why push the front of the neighboring house back 15 feet. What's that going to help? CHAIRMAN STRAIN: How you would want to look at someone else's back yard or you want to force someone to have a deeper and longer driveway than the other -- it goes against everything. I'm sure this wasn't the intent. MR. SCHMITT: The question, frankly, it was brought up during a public meeting, at a Town Hall meeting. It was requested by a resident, and the Board directed us to development an amendment and bring Page 19 1612 C 7 September 21, 005 it forward, so as far as the rationale for it, you would have to ask the person who made the recommendation. MR. SCHIFFER: But essentially what we're doing is we're trying to get access to the rear of these so that people could store vehicles behind there, not be visible to the street? MR. SCHMITT: I'm not sure what the real issue was. I think Mark is probably aware of some of the issues. Some of it was access to the rear years. CHAIRMAN STRAIN: I think since it's come up, though, I think the issue is somewhat resolved. That's why this does not really need to go forward. MR. SCHIFFER: Where is it resolved, in some other amendment? CHAIRMAN STRAIN: No, just in discussions. I don't think -- I think nobody understood that this isn't going to help. I think now that various people understand that if you only leave a seven - and -a- half -foot side yard, you still can't get around the house legally, especially if someone wants to put a fence up or a hedge up at their property line. You can't drive by it. MR. SCHIFFER: If there's an issue, why don't we increase the side setback? CHAIRMAN STRAIN: That is the solution that would -- MR. SCHIFFER: Right. Something like 12 feet, so you have size for a fire truck or something to drive through it in an emergency. MR. SCHMITT: You're dealing with issues I think need to be brought up through the Golden Gate area master plan, especially with 75 -foot lots. You begin to restrict the developable area. CHAIRMAN STRAIN: You'd be taking what, 20 feet off. MR. SCHIFFER: They're 600 feet long, I mean, my God, you can design a lot of nice stuff. CHAIRMAN STRAIN: Commissioner Vigliotti? MR. VIGLIOTTI: In addition, if you're going to change the front setbacks, the piece of property has to go through mitigation, and they have to buy wetlands. The further back you bring it, the more wetlands they have to purchase. That's going to cause a problem, too. MR. SCHIFFER: If this wasn't an issue, they shouldn't be storing trucks back there, either. CHAIRMAN STRAIN: There's a forum at the end of October that you may want to attend and you'd have an earful there. There's a motion made to reject this, and there's been a second. I think we've had discussion. I'll call for the vote. All these in favor of the motion to reject? Anybody oppose that motion? No. MS. FABACHER: Okay. Next we're on the same page five of the summary sheet, and we are on to Section 2.03.07I, Bayshore Drive overlay. It's on page -- well, it was -- CHAIRMAN STRAIN: We're on page six of the summary sheet, at least the one that you e- mailed out to us. MS. FABACHER: It must have -- CHAIRMAN STRAIN: Here's a six. I'm sorry. Six came off the internet. Sorry, Catherine. MS. FABACHER: I'm sorry. I'll give everyone a printed one. We are talking about the Bayshore Drive overlay. It is the additional handout that you got at the last meeting with the different colors in it. CHAIRMAN STRAIN: Yes. MS. FABACHER: Okay, and I believe that David Jackson is here, director of the CRA advisory board, and also Mr. Joe Ehardt from HDR to answer any questions that you may have. CHAIRMAN STRAIN: Before we go too far, we're going to take a break at 2:30 for the court reporter, so no matter what happens and where we're at, I'm going to stop at that time and let her have -- her fingers a rest. MS. FABACHER: All right. CHAIRMAN STRAIN: I know this one could take the rest of the day in itself, based on the number of questions that I'm going to have, so anyway -- Page 20 Septembers 1, 2005 MR. ABERNATHY: Take a whack at it. CHAIRMAN STRAIN: Well, the first thing I want to do, there was an interesting editorial in today's paper. I know we shouldn't bank on editorials, I never will, but the editorial indicated that the neighborhood is going to be consulted about this. I don't know who was in charge, but why are we seeing all these recommended changes to move forward and consuming a lot of time today if the neighborhood hasn't been consulted to begin with, and I know the paper indicates that before the money is spent, I believe there's been already a lot of money spent. MR. SCHMITT: Two different issues. CHAIRMAN STRAIN: Okay. MR. SCHMITT: This is an issue from almost a year and a half ago. That was a proposal to the Board of County Commissioners for a contractor to develop streetscape proposals, which is a different issue. CHAIRMAN STRAIN: Well, there are streetscapes in here. Are those not the same? MR. SCHMITT: You're completely correct. It's related to that, and I probably would have to ask Dave Jackson to clarify. CHAIRMAN STRAIN: Well, as long as it's not -- as long as this has been vented in the public, then we should look forward to it. I was just questioning the issue whether or not we were doing something that hasn't even been, you know, released in the public. MR. SCHMITT: You may have public here that may comment whether or not it's been vetted, and I won't make that determination. MR. SCHIFFER: Mark, may I ask a little history question here? CHAIRMAN STRAIN: Go for it. MR. SCHIFFER: I'm not certain you can answer this, but I mean, this Bayshore was written -- essentially the first version of it which has been in the code for a couple years was written by the staff, and prior to the CRA. Correct? And there was a Bayshore overlay district that was prepared? MS. MURRAY: Commissioner, I may defer to David on that, only because the whole thing came out of the comprehensive planning department, and honestly, this is kind of my first bite at the whole -- dealing with it other than implementing it through the LDC. I don't have a lot of the background on it or the relationships between various -- MR. SCHIFFER: Well, maybe even prior to coming -- MR. SCHMITT: This was almost six years ago. MS. MURRAY: Yeah. It was 2000 the Bayshore was adopted portion was adopted. MR. SCHIFFER: Right, and then maybe two years ago, a year and a half ago, there was a small amendment to it, and this will be the second time that we're -- second real time we're looking at the overall overlay. Is that right? MS. MURRAY: Correct. MR. SCHIFFER: That's all the history I need. CHAIRMAN STRAIN: Is there -- who's going to be answering questions that this panel may have? MS. MURRAY: Well, actually, it's David Jackson and his consultant are the applicants in this case, and a couple things just to clarify. There's two amendments here. One is to the Bayshore Drive overlay, which is an amendment to existing text, and the other is a new amendment, which is the Bayshore triangle. So even as staff, when we're talking about them, we tend to start talking about both at the same time, so I just caution you on that. CHAIRMAN STRAIN: We're starting out with the Gateway triangle, if I'm not -- MR. SCHIFFER: No, we're on Bayshore. MS. MURRAY: Which would you like first? MR. SCHIFFER: Bayshore. Page 21 1612 C 7 September 21, 2005 MR. SCHMITT: Commissioner Strain, if I could take a minute just so the other commissioners understand the relationship, is there -- are there any questions of those who understand the CRA and the staff, they are two separate and distinct entities. Mr. Jackson works directly for the CRA board, which is in fact, the same members on that board is our Board of County Commissioners. He is the staff element for the CRA. He's the executive director of the CRA, reporting directly to that board, and though it's a -- we work in concert in regards to the issues, it is two separate and distinct staffs, so I just want you to understand when Susan says that David is the petitioner, he is the petitioner because he is representing the Bayshore gateway. He is not part of the county manager staff at all, so you understand that relationship. CHAIRMAN STRAIN: Okay. Thank you for that clarification. Does the board want to start out, or do you want me to walk through? MR. SCHIFFER: Could we just go page by page? CHAIRMAN STRAIN: That's all I was going to do. MR. SCHIFFER: You can lead, and we'll all pile on. CHAIRMAN STRAIN: Mr. Jackson, did you have a preference for any kind of introduction, or did you just want us to start peppering you with questions? MR. JACKSON: I have my flak jacket on. You can start any time. CHAIRMAN STRAIN: I hope it will be constructive, so -- MR. JACKSON: That's fine. David Jackson, executive director of the Bayshore Gateway Triangle Community Redevelopment Agency. And true, we are a separate and distinct entity. The only reason the overlay has come about is because the comprehensive plan of 2000 mandated that these overlays be finalized to BOT (phonetic) form. They should have been completed twelve months ago. We are two years into the process, and yes, we've had community meetings, numerous ones, over the last two years that have been invited and publicly advertised, and we've also had a tremendous amount of county staff input into it, as well. The -- I'd like to confirm that the document you are looking at, and that I can reference with you, too, at the top of it says, Final Bayshore Overlay Amendment No. 3 8/17/05. Is that correct? And it should be colorized with red and blue. CHAIRMAN STRAIN: Anybody else? Yes. MR. SCHIFFER: Paul doesn't have that. Hey, could you grab one on the table up there. Oh, Paul has it, never mind. MR. ABERNATHY: Somebody had a lot of temerity to call it final, but -- MR. SCHMITT: Who needs a copy? CHAIRMAN STRAIN: I think we've all got them. Thank you. Yes, I think that's the version we all have. Thank you. MR. JACKSON: Okay. Just want to make sure we're all on the same page and I can dance with you in step. CHAIRMAN STRAIN: Okay. The first question you may have already touched on. Has the public in this -- or these properties, the property owners both adjacent to and within the triangle or within the overlay been notified? They are aware of what's going on here today? MR. JACKSON: They have not been notified with certified, return address mail, they've been notified through public meetings, e -mail contact, and my going into the community and talking with the community groups, residential groups, professional groups, and we still get comments from day do day, either by e -mail or people calling or coming into the office about the content of these two overlays. CHAIRMAN STRAIN: Mr. White stepped out again, but when he gets back, I want to make sure that's a sufficient notification for changing the zoning. That was one of my questions. MR. ADELSTEIN: Was there any notice in the newspaper? Page 22 1612 September 21, 905 MR. JACKSON: Yes. It was publicly noticed through the county commissioners' office. He's talking about the meetings we had in March, May. CHAIRMAN STRAIN: You guys -- yeah. Having conversation with the audience is going to be hard for the court reporter. MR. JACKSON: Sorry. It was just a background question, if you're talking about this meeting, or you're talking about the public meetings we had this year that I would know about. MR. MURRAY: This meeting is a continuation of a prior meeting where it was properly advertised, I believe, so I think we may be covered in that area. CHAIRMAN STRAIN: Yes. MR. SCHIFFER: Let me ask David, in this question about land use, is there -- as far as I know, other than the addition of the artist community, I forget the actual designation, there's no changes in the land use map, is there? In other words, the neighborhood commercial designation, is that the same, or is there any changes to the map? MR. JACKSON: No. Well, yes, there are. There are some areas that are. Specifically one that would be that was the home occupations R &C. There was some questions there from staff about that. Some land was designated that was not being used as that, so we tried to correct it and call it what it was. Some of the designations for a couple of the mobile home parks that were previously -- zoning versus mobile home, we either can categorize them as an R -2 or an R -3. The residents in the area said they wanted to be R -3, so we changed some of that, so there's some numerical changes on some of the designations. CHAIRMAN STRAIN: Well, when Patrick gets back, I'm going ask to -- MR. EHARDT: Sir, Joe Ehardt, and rm with HDR consulting firm that's been working on this. One of the things we did was we expanded the overlay at Bayshore to cover other parcels of land that wasn't previously covered in the original overlay. Okay? Besides the changes that David -- there's some other ones, like he said, mobile homes and some other single family areas that we put in within the overlay designation. MR. SCHIFFER: Again, Lindy's question. That doesn't essentially change the zoning of people's land, what that does is add to them a different zoning option? MR. JACKSON: Correct. What it does is it captures and gives it maybe a different nomenclature, BMUD, R -1, whereas before it was mobile home, where it was R -3. It's changing it so that it all has the similar, same type of nomenclature, and true, the initial overlay only covered a few acres of land around Bayshore and Becca Avenue, and so because the -- looking at the comp plan, it says the entire area -- the future land use maps, is that we will -- the overlay will cover and address all the properties, and it only makes sense that everything within the area should be addressed, rather than piece meal part of it, where you have two different completely things happening across the boundary line. MR. EHARDT: If I may just clarify one thing, too. There is an area -- CHAIRMAN STRAIN: Every time you speak, you have to identify yourself so she knows who you are. MR. EHARDT: I'm sorry. I'm sorry. Joseph Ehardt, Junion. There was an area south of Thomasson that was in one of the original overlays, and working with David Weeks and looking at some information he showed to me, that area had to be eliminated from this overlay because it didn't fit within the comprehensive plan definition of where this overlay should go. It was a mobile home park down South of Thomasson, and I think there were some other areas. I think that was the only one that was down there. CHAIRMAN STRAIN: Okay. The next question I'm concerned about is really -- Mr. Schmitt's back. I think he could address something for me. Joe, in reading -- and I've read these documents very thoroughly, several versions of them, and of course this final version. I have notes on every single page, but I notice in many instances, it's referring back to processes that are going to be intensive for county staff, Page 23 1612 C ? September 21, 2005 that are going to require county maintenance in areas that we're not currently not maintaining, and items like that, review processes, items that will all be put on county staff, yet under the fiscal and operational impacts, the word is none. So you can implement this without any need for any additional personnel or any county maintenance -- costs won't go up? MR. SCHMITT: It has to go up. I mean, there's going to be costs associated with implementing this. At the -- even at the counter, just simple zoning requests and zoning letters, other type of issues, tracking, the opt in, opt out policy, all those kind of things. I have not even sat down and figured out what it is going to cost in regards to man hours in implementation of this. But the second piece of it is a transportation issue with Norm Feder, and of course the landscape beautification and all the other issues associated with it, there's certainly going to be a cost to the county in regards to those additional items or maintaining proper entities. That will be a board decision which will be handled in a budget cycle. Whether or not they pass that off to the taxpayers under the general fund or decide that it will be the -- an MSTU or the CRA or some other entity to pay for that, that will have to be policy decision of the Board, but that's a long winded answer. We have not really done an economic analysis, but there will certainly be an economic analysis. Now, as you well know, I charge for services provided. I would have to charge some kind of an application fee associated with some of these activities, which would be the way I would recoup some of my costs. MR. SCHIFFER: But Joe, it would be the applicant that pays all these costs. MR. SCHMITT: Yes. MR. SCHIFFER: You're self - sustaining, so the issue then is not with Joe's department with the cost to the development community. MR. SCHMITT: In some cases, some of this may be a general fund type activity. There are certain things we do at the front counter that are passed off to the general fund and are identified during the budget cycle. MR. MURRAY: This document requires that maintenance to sidewalks and other activities be done -- passed on to the county, and so that's a real cost. That's clearly understandable, as opposed to some of the costs which you may have that are folded in. MR. SCHMITT: Yes. MR. MURRAY: There's two factors running there. MR. SCHMITT: Yes, but there would be an incremental cost based on -- as development takes place. There would have to be decisions made by the Board of County Commissioners on how they're going to fund the maintenance of some of the -- the streetscape and other things associated with it. CHAIRMAN STRAIN: The reason I ask, Joe, it's kind of relevant. MR. SCHMITT: Yes. CHAIRMAN STRAIN: Especially with what Commissioner Caron pointed out at our last meeting, when we talked about density, that if you had 12 communities times 79,000, we're going to spend a million bucks and get virtually little. MR. SCHMITT: Yes. CHAIRMAN STRAIN: I think the reason that we have a question on the staff summaries for fiscal and operation impact is we need the information, so I think -- for my part, at some point, whether this is continued or how we handle it today, that question has got to be answered. MR. SCHMITT: We will try to come up with an estimate of what we think this will cost to implement. Appreciate you pointing that out. I'm going to need that for the Board to understand, as well. Part of it will be application fees, some of it maybe ad valorem. CHAIRMAN STRAIN: I'm sorry, both of you at the same time. Mr. Adelstein? MR. ADELSTEIN: As long as we're in that predicament of not having the figures now, why don't Page 24 1612 C 7 September 21, 2005 we just continue this until another time and let's get whatever you can and go forward then. Right now we're not going to accomplish much of anything. MR. SCHIFFER: Well, Lindy, there's a lot of stuff here that has nothing to do with how much of a fiscal impact. MR. ADELSTEIN: We certainly can't approve it. CHAIRMAN STRAIN: Here's what I think is going to happen. I have an issue with so many things that are -- this is more of a draft than a document. I'm sorry to say that, but I read this, and I was waiting for it to be completed, and there's so many questions here, I can't see this going through here today, but at least maybe we can provide enough questions so that you and your consultant realize that there's a lot of holes here that need to be addressed. There's a lot of ambiguous language. There's a lot of issues that aren't even answered, maintenance being one, water management on a master plan being another, connection piece mealing of sidewalks, the staff dollars, how this connects with the FLUE, the maintenance of -- Collier County's right to maintain the easements that they need, coordination with the DOT, utility easements that aren't accounted for, intrusions into right of way for awnings and things like that. I've got all that laid out, sentence by sentence, page by page, and at the board's call, we can go through this, start it today, but I don't see us getting completed. MR. SCHIFFER: Mark, I have comments for every page, too, but they're -- I don't see any of them being fatal. They're all like clarification issues. CHAIRMAN STRAIN: Well, I mean, that's -- THE WITNESS: MR. JACKSON: If I may, Commissioner Strain? CHAIRMAN STRAIN: Yes, sir. MR. JACKSON: For you and for county staff Mr. Joe Schmitt, in my defense, it's like you winking in the dark, only you know what you're doing. If you don't tell me what your concerns are, if you don't sit down with me and as meeting after meeting we are available 40 hours a week or even after hours to talk about these things. We have addressed every concern that's been put in writing and given to us, and we have addressed it as best we could. We have changed things that were in error, and we're not perfect, we know that, and we've discussed those things that we may have a difference of opinion and try to come to some kind of a compromise or decided who was more in the right. I am willing to take all nine of your comments, if you'll put them in writing, send them to us e -mail, somehow get them to us, and I again offer one more time to the county staff, this was delivered to them in December of 2004. It was again delivered to them as documented on June 10th. I've yet to have a meeting with them. They've had it for 100 plus days. So I would like to know what your concerns are. Staff did give us a 19 -page report, and we addressed I'd say 95 percent of those things that we found that we were either in error, was the documentation not consistent, you know, those type of things, and we corrected those. And that's why you see on the front page we have documented every time that we get an input, we change it, modify to move it on. And we did that with the DSAC. We've done that with every board, and we're willing to do that, and we react fast, and that's kind of why we came out of the DSAC and the board staff comments that were given to us back on those dates, that's why you received this red and blue document at the last meeting was because we responded to a 19 -page document, made the corrections and delivered it to you. We operate on now, not the future, so I'm more than willing to take your comments, if you want to give me what you've got right there, pen in hand, and any other of the commissioners, and I offer again to the staff, please don't wink in the dark. Please tell me what your concerns are, and let's sit down and talk Page 25 1612 September 21, 2005 about it and come to an agreement, and then you will have a good, solid, final document. MR. MURRAY: Mark, I would like to just say, I worked with Mr. Jackson briefly, and we had nice conversations. We didn't get into the depth, but as you may remember, I wrote a critique on the last submission. CHAIRMAN STRAIN: I know you did. MR. MURRAY: And the differences between that and the corrects that have been made is phenomenal. Mark, I have a whole bunch of questions myself, no question about it, but it is, I think, a good work in progress, and I do think he needs some time. I would be willing to work with him on it. CHAIRMAN STRAIN: I have no problem. We're here today. MR. SCHMITT: I just want to make sure for the record to clarify with Mr. Jackson, since staff has spent a lot of time with Mr. Jackson and his consultant on this product, as well, so I'm not sure what David was referring to when he said we hadn't replied because we spent a lot of time on this. I think we're at some point in this process where we are at an agree to disagree because of some of the criteria involved or some of the processes involved in implementation. CHAIRMAN STRAIN: Okay. Well, I think enough said. Let's move forward with it now. MS. FABACHER: Well -- CHAIRMAN STRAIN: Catherine? MS. FABACHER: Can I just say one thing as the LDC coordinator? When I began circulating it for this cycle, during the two years when I was being prepared, none of the other departments like transportation or anyone had been consulted or worked with, so over the two years that they were working on the document, when we finally transmitted it to the different divisions, transportation, environmental, landscaping, it was the first time that they had seen it, and we had to scramble to put together huge amounts of comments. In our defense, this is such a big project, it's just impossible to do it once the cycles began, and we would have appreciated it if we had the ability in the two years previous, when it was being worked on, to be consulted, and I don't want to say that that is Mr. Jackson's fault because he hasn't been here through the whole process. I think we've had several directors and so forth, but there was not enough working with the staff to -- we'd see to hone something before it was brought to you. CHAIRMAN STRAIN: I understand, and you and Joe have made things very clear for the record. We're here today to get through as much of it as we can. So let's just pick up -- MR. SCHIFFER: Mark, let's take a break now, rather than in seven minutes, and we'll come back -- let's just start down the trail. CHAIRMAN STRAIN: I don't have a problem with that. We'll break until 3:30. (A break was taken.) CHAIRMAN STRAIN: The court reporter has indicated she's anxious to get started again, so -- okay. So why don't we just start with the questions on the overlay, and I'll just go ahead and start in on it. My first question may be more of staff than Mr. Jackson. There's a series of definitions here, Susan or Joe. Would those definitions be added to the LDC in the definition section, and if se, since they differ from the definitions already there, I'm wondering why we need multiple definitions for the same thing in the LDC? MR. SCHMITT: I'd defer to Susan on this. MS. MURRAY: Susan Murray, for the record. Yes. I mean, this is part of the LDC, and I think if I understand where you're getting at. You would maybe rather see them incorporated into the definitions for the whole LDC. CHAIRMAN STRAIN: Because if anybody's looking for a definition, they're going to flip to the definition section of the LDC. MS. MURRAY: Correct. CHAIRMAN STRAIN: Well then the accessory unit definition here -- I didn't have time to check. Page 26 1612 C 7 S`eplember 21, 2005 Do we have already an accessory unit definition in the LDC, and if so, does it conflict? MS. FABACHER: I can comment on that. We have accessory use of structure currently in the definitions. Okay? CHAIRMAN STRAIN: Okay. MS. FABACHER: And I would think if Mr. White were here, he usually says operational provisions such as library, studio, work, playroom, guesthouse, would be identified as accessory uses, you know, in the table for accessory uses, so -- still an accessory use or structure. I don't know if it's needed, and to say also that it does say -- Mr. Jackson had put 1.08.02 at the top of that, so it does indicate that they intend to put it into our general definitions. MR. MURRAY: And Mark, there was another question I had raised. There was a question on accessory uses where there would be a workshop and a kiln was the question that I raised, for somebody doing pottery, and that has not been resolved in this that I can see. If someone is going to make pottery, and they're going to have a kiln, what kind of a permitted and what kind of a zoning does that fall under? CHAIRMAN STRAIN: I think that's -- it's not addressed in your overlay that I've seen. MR. EHARDT: No, it was taken out. That was when we were talking about the artist village being residents that might have a home use that would be that, but we've taken that out now, and we just have -- the artist village is basically a commercial type of use. MR. MURRAY: Okay. That solves that part of it. CHAIRMAN STRAIN: Ms. Court Reporter, are you comfortable with this gentleman's name? COURT REPORTER: Yes, thank you. CHAIRMAN STRAIN: As long as these are being incorporated in the LDC, that was my issue. They're not duplicated in what exists already there, and I'm sure that staff will make sure that doesn't happen. Under street walk, you have a word in there, it says semi - opaque freestanding wall lined with a facade of an adjacent building for the purpose of masking parking from the street. What -- how would anybody know what the word "masking" means in the context that it's written here? Is there a definition for that? I couldn't find one. MR. EHARDT: No. I don't have a definition for masking. It's basically a wall that would extend like a facade of a building, kind of a continuation of a theme of a building that would hide the parking, mask it from public view. CHAIRMAN STRAIN: Could you suggest a wall that doesn't need definition. Like a wall is defined, so could we say wall? MR. EHARDT: Sure. CHAIRMAN STRAIN: I'm going to -- I think the way we're approaching this today is to make a lot of suggestions to you. I think this is going to have to come back, and that was another question that I had. MR. MURRAY: And I would like to add to that, too, if I may. CHAIRMAN STRAIN: What? MR. MURRAY: To the wall issue. CHAIRMAN STRAIN: Yes, but before we go too far, I was asked during the break if it was the panel's consensus that this is going to be not finalized today but brought back at another date. I would think so from my review, though we're not done yet, I would think the exercise today is to go through this, critique it, so that they have some input, and we'll come back another time around. Is that MR. MURRAY: It's my guess. (Several people speaking at the same time.) Page 27 1612 C 7 September 21, 2005 MR. ADELSTEIN: Joe's figures aren't going to be available until then. CHAIRMAN STRAIN: Okay. So then, for those in the audience that asked the question, this will come back again, as I expected for the month, or whatever month we reconvene. MR. MURRAY: If I can continue on my question? CHAIRMAN STRAIN: Go ahead. MR. MURRAY: I note on the final Bayshore overlay amendment and then also on the gateway triangle, if you compare them, the definition for street wall is different. In the triangle, delete semi- opaque, and it speaks of a freestanding wall, as the other one speaks of the semi- opaque freestanding wall. Was that intended? MR. EHARDT: No. We'll correct that. It's just that going back and forth in between -- MR. MURRAY: Okay. CHAIRMAN STRAIN: Okay. My next questions will be on -- oh, Commissioner Caron, I'm sorry. MS. CARON: I just wanted to make a comment that on page 39, there is a picture of what they mean by a street wall, so I think it shouldn't be difficult for people to figure out what is meant by it. The picture somehow relates to -- MR. JACKSON: Correct, and masking would be whatever term they use in landscaping to hide something. You know, that's what the landscaping is for, is to buffer, to hide, similar to opaque, so if masking is not a landscaping term, then we can use landscaping terms to make that word work for you. MR. SCHIFFER: Okay, maybe the word hide. MR. MACKENZIE: Hide? If that's -- CHAIRMAN STRAIN: Well, we're using percentages of opacity in our landscaping buffers, and you may want to take a look at that so someone knows clearly what they have to do there. I'm on to page four, if the rest of us are. MR. SCHIFFER: Yes. CHAIRMAN STRAIN: My first issue would be the red item number two, in about the middle, it says the documents must be recorded by the applicant in Collier County's official records. Now, these are the documents in referencing to subjecting the area to the overlay. That changes its zoning from its base zoning to the overlay zoning, and my question would be of David Weeks. I know he's probably sitting back there dying for a question. MR. EHARDT: The operative word, sir, is maybe not change because I don't think it changes anything, so that's where the language further down that comes in and says, opt, and opt in. When you want to use the land for something else than what it was initially zoned or made for. CHAIRMAN STRAIN: David, could you tell me how we would address these areas that opt in or opt out of this particular overlay if it needs to? How you would see that coordinating? MR. WEEKS: For the record, David Weeks, planning manager in the comprehensive planning department. What the future land use element provides for in this future land use overlay for this area is that mixed use development is allowed, commercial development is allowed, residential development is allowed. For mixed use development, uses are limited to C -1 through C -3. There are some existing C -4 and C -5 zoning there. Therefore, there needs to be some way to limit the uses to C -1 through C -3 on those properties that are presently zoned C -4 and C -5, and the mechanism that they're proposing, and I don't know of another way to do it is to provide the ability for a property owner to opt in, to decide yes, I do want to do mixed use, and because I'm doing that, I understand that I'm limited to C -1 through C -3 commercial uses. Otherwise, how is it that we the county are able to prevent an applicant from developing C -4 and C -5 uses as part of a mixed use development? They need some way of distinguishing. Now certainly Page 28 1612 C ? September 21, 2005 another choice would be to require a down zoning of that property from C -4 or 5 to C -3, 2, or 1, but that adds additional costs and time, and after all, we are trying to promote mixed use development here, and certainly the time and cost delay is an impediment, not an inducement. CHAIRMAN STRAIN: How do you see -- will staff be able to keep track of the changes? How do you -- I mean, what's your mechanism for that internally? MR. WEEKS: Well, I'm going to defer to Patrick probably in part to answer this because I think he helped draft this language, but -- I'll stop right there. CHAIRMAN STRAIN: That's as safe as it gets. MR. MURRAY: The major parts. MR. WHITE: You know, I don't know if the word is blamed, or -- I'm not sure how I can help the process. I mean, I don't know what David's suggestion would be for me to add at this point. MR. WEEKS: Well, let me say this, then. I may need to defer to Susan. I have a comment, but I'll let you slog through it. MS. MURRAY: Well, actually, I think what I was just going to do is to clarify what I think your question is, and that is how we -- the staff would develop an opt in, opt out process, but how is that officially recorded or recognized? MR. MURRAY: What's the mechanism? CHAIRMAN STRAIN: If someone is doing a title search or due diligence on a piece of property, they're going to pull it open, and they're going to see that it's -- the activities there are C -3, C -4, C -5. How will they know that someone opted out to go to this lesser zoning and the impacts that that may have on their purchase? MR. WHITE: That is because what's anticipated, and I think -- I don't know which version you're looking at, but there is one that I did not draft that I did review I think last evening that suggests that it be recorded with the Clerk of Courts, and the point of that is simply to create, just as you indicated, Commissioner Strain, a record, an official record that would show up in a title search, indicating what that property owner's preference is, and it would be essentially binding in perpetuity until some point in time potentially, they might come back and do something different, but that obviously is something that you'd have to look very carefully at being able to allow someone to do. As always, there's a tension between flexibility and fixed choices. CHAIRMAN STRAIN: Well, I think it would be important for this panel to understand that there's a process that's going to happen that's going to make this work, so the public is protected, the purchasing public or the buying public. A title policy, I agree would show it. A lot of times, though, I'm not sure, that's quite a ways along in the due diligence process. That's where it was intended to be, not -- so FLUE would be out -- FLUE would be contradicting with the recorded documents at this point. MR. WHITE: I don't think the future land use element is something that's going to come in to the title search, and a title policy may be very late in the process, but anyone who's doing due diligence is going do start with some type of a record search. Certainly if they have any question about what uses have been elected by the property owner as to a specific lot or parcel, that OR page search is being to come up very quickly. CHAIRMAN STRAIN: Mr. Schiffer? MR. SCHIFFER: Dave, if you could put a notation on here, land use as to what parcels have opted in? I was actually speaking to David Jackson. MR. WHITE: Oh. Maybe I can clarify that. What you're calling the FLUE may be in fact the official zoning map. Is that what we're talking about? MR. SCHIFFER: Can't we put a -- come up with a character that we put on there to show which people have opted in? Page 29 1612 C 7 September 21, 2005 MR. WHITE: Well, I think one way that it could be done by our graphics department is to do just that. There are any number of not only designating letters, but also some kind of footnotes that can be attached, and then you have to look and see what that cross reference is. I mean, arguably, if there's a large enough database and a way to graphically depict it on a page, you could theoretically put the OR book and page where the recorded election, the option of the property owner, has been put into the clerk's public record. CHAIRMAN STRAIN: I think -- the point of my question was that I think the process needs to be further defined, and then, since we're going to be coming back with this, between now and then, if that could happen, that would help clarify. MR. JACKSON: Yes, sir. That has always been the intent. There have been discussions with the legal community within Collier County to talk about how to do this, and that has not been fully solidified, and again, this point is a contentious discussion point for the property owners that own C -4 and C -5, and in all those public meetings that you had asked me about prior, they explicitly said, if I have C -4, C -5, I do not want to be mandated that I have to down zone or change my zoning, and they wanted the option, and what we put in here, there's the word, I believe I put in here that -- is that during the submission of the SDP, site development plan, to change the use, to redevelop it into the mixed use category or uses, whatever it would be, would be the intense paperwork, whatever the county legal system feels comfortable with, whatever that document looks like, that's when it would be submitted, and then it would be solidified somewhere down in the process, but the property owners are very keen on don't down zone me. Give me the option, and if I do, when I do it, it's in perpetuity, and I can never go back. CHAIRMAN STRAIN: I think that needs to be ironed out for the next time. MR. JACKSON: Absolutely. Sure. CHAIRMAN STRAIN: And you brought up -- Bob, did you have a question? MR. MURRAY: No, it was resolved in the conversation with Mr. White. CHAIRMAN STRAIN: There's another issue on the same sentence, just below that. It says that. MR. SCHMITT: Commissioner Strain, just for the record, I just want to make sure you understand. I doubt by the next time we come back I will have a solidified process of implementation on this. We could maybe have a scheme, but the implementation itself will not be part of the LDC. Eventually, that will be part of an administrative code, but I don't think I'm going to have the specificity that you're looking for in regards to how we could do it. We've got to set up some kind of an administrative process, but I think what I need David to work -- as you suggested, that we at least define the legal mechanism on how -- CHAIRMAN STRAIN: I just want to make sure it can be done. That's all. MR. JACKSON: And yes, sir, I'm recommending the reason that you don't put those legal documents in here because they'd be a living document, and they may want to change, as laws and things change. Just that you cite in here that there is a process, and that process lies somewhere else, and it is something can be changed with ease without having to come back through the six -month cycle to change. MR. WHITE: And just as a hopefully pleasant reminder, what's been envisioned is that those kinds of processes would be located in the administration code, and I think that once we have a structure for citation, we could in fact even make a reference at this point for example in that regulation to that administrative code provision. MS. MURRAY: Mr. Chairman, while I'm thinking of it, I may make a recommendation for you all to think about is those processes take time to develop and are dependent upon the actual language that is finally adopted as a result of these amendments, and I know we had a similar situation last amendment cycle, and it was extremely helpful for us to have a delayed implementation date of these to give us time to develop all of those processes. Again, they are dependent upon what actually ends up being adopted by about Board of County Commissioners, and that worked out quite well because while it sounds very simple and, yes, we have Page 30 1612 C 7 September 21, 2005 solutions to all this, the matter of coordinating, putting it down on paper, making sure everything's legal, making sure we don't have to make any other changes to the Land Development Code as a result of what happened takes quite a bit of time, and I would just offer that as a suggestion for you. CHAIRMAN STRAIN: As this gels up, and we get further along, if you'd keep us remindful of that as we make whatever decisions we make, that would be helpful. The next item that follows in that sentence, it says, first of all, the individual acknowledges buying into the plan. These mixed use sub districts runs with the land in perpetuity. The next sentence that I need some clarification, as long as the property utilizes the mixed use sub district regulations, it legitimizes existing point of development. Compliance with those regulations would be continued to be required. What does that mean? MR. EHARDT: I've got to read it again. CHAIRMAN STRAIN: In one sentence you're saying it runs in perpetuity, but then it seems to be conditional on this last sentence, but I'm not sure the last sentence is even referring to that. I just couldn't follow it. MR. MURRAY: No, I don't think it is. I don't think it is. CHAIRMAN STRAIN: Just a point to clarify. How's that? If we don't figure it out here today, it needs to be -- I think it needs to be clarified. MR. MURRAY: Yeah. CHAIRMAN STRAIN: The next paragraph says, individual land owners may choose to follow existing Collier County commercial zoning. I would suggest that individual land owners shall follow existing Collier County commercial zoning regulations related to uses when they build or rebuild through the underlying zoning or at their sole option they can go into this. If they don't choose to go into it, they don't "may" follow it, they have to follow it. Wouldn't that be the operative word? MR. JACKSON: You're right. CHAIRMAN STRAIN: Okay. The next sentence, next bullet point, has in bold a discussion of the architectural -- or let's see, a conformance with existing regulations applicable to zoning districts except for certain design standards found in Chapter 4 of this LDC. This chapter that you're talking about as Chapter 4, does that mean you're opting out -- they would be opting out of the commercial criteria, and the commercial criteria that will be utilized is just what's in Chapter 4? MR. EHARDT: Certain elements, setbacks and things like that that are in Chapter 4 would be applied to the new commercial C -4, C -5, if they decide to redevelop with something new. If there's a new building built that was a C -4 use for example -- CHAIRMAN STRAIN: An existing C -3 use? MR. EHARDT: Yeah. The property is zoned C -4. CHAIRMAN STRAIN: Right. MR. EHARDT: He wants to tear down what he's got there, buys and tears it down, builds a new building, then the setbacks and certain other things described in Chapter 4 would apply to that new building. CHAIRMAN STRAIN: Okay. Then where the Chapter 4 would be silent on an issue, would it fall back to the Land Development Code? MR. EHARDT: Yes. CHAIRMAN STRAIN: Okay. MR. SCHIFFER: Mark, I have some on page four. CHAIRMAN STRAIN: Go ahead. I'm done with page four. MR. SCHIFFER: Up at the top there, you eliminated, you crossed out, shared parking facilities. Is there a reason why you're not thinking that as a way to go? You see where it's crossed off, four sentences down, on- street parking, shared parking facilities? Page 31 1612 C 7 September 21, 2005 MR. EHARDT: That was -- that's in the original -- MR. SCHIFFER: You have to go to the -- MR. JACKSON: That's language that was in the original. We've moved that back into the parking section, and we did -- MR. SCHIFFER: It's back in? MR. JACKSON: Yes, sir, it is, and we did it both for gateway and Bayshore. It was -- it just didn't seem to fit in that location, so we moved it back into the section where it was most applicable, and we put in the shared parking. MR. EHARDT: There were certain items in the existing Bayshore overlay, certain tables, setbacks, different things that were in Chapter 2 that we felt were better in Chapter 4. That's why we moved some of these things. MR. SCHIFFER: In paragraph two, there's a thing in there where this landowner's decision and recording should be done usually at the time of site plan submission. Wouldn't -- could we do that so that maybe it's done prior to the approval of site plan? In other words, someone could go in for site plan approval, not get it, and not want to do this, so -- MR. JACKSON: If it makes more logical sense to do it somewhere else, somebody tell me where, and we'll put it in there. MR. SCHIFFER: I mean, the word "usually" doesn't pin it down, anyway. MR. JACKSON: Well, when we wrote this, you know, we didn't have a definitive response from the attorneys or from the land -- zoning and land use, so if it makes sense somewhere, then we'll put that, you know, that -- where it is that paperwork is applied for. MR. SCHIFFER: In my opinion, it would be prior to -- you know, it could be one of the things pending for the approval of a site plan because that way, the person knows what it is he can and cannot do, and he doesn't make a mistake of opting in and then wishing he hadn't, to find out that he needs a site plan approval. MR. JACKSON: Could he submit it with his intent -- obviously at his preapp meeting, he's going to have to say, I'm going to mixed use, and he's going to show his plans and go through the whole process, but it won't be approved until the whole project -- MR. SCHIFFER: But I think the site plan, the SDP, could be approved pending, you know, proof of that letter. MS. MURRAY: This could be a whole separate process. I mean, it's not part of the SDP process. You can certainly imagine doing this simultaneously, if you wish to take that risk. MR. SCHIFFER: Right. My thinking is, in other words, rather than having them come in prior to, he can go through the site development plan process, find out that he can't do what he wanted to do, and then in the meantime, get opted in. MS. MURRAY: Yeah, that makes sense. Unfortunately, a lot of people come in and want to do everything at once, and I'm just telling you from professional experience, and normally they'll ask if they can do it simultaneously, and they're willing to take the risk. I just would encourage you not to limit if you find that appropriate, but just to try and give you a real life example of what really happens in reality now. MR. SCHIFFER: Maybe prior to site plan approval. MR. MURRAY: Would you be speaking more for their welfare by not letting them get into a trap? MR. SCHIFFER: That's what I'm trying to avoid. MS. MURRAY: I understand, but they often are willing to take that risk. MR. MURRAY: Well, that might be true for developers, but for moderate income business people, it seems to be something I wouldn't want to open up. MS. MURRAY: It makes no difference to us. We can operate it either way. I'm just trying to explain to you what -- Page 32 1612 C 7 September 21, 2005 MR. MURRAY: I'd rather see -- they're not familiar, necessarily, with the -- I wouldn't want to see them get burned. MR. JACKSON: Yes, sir, Mr. Murray, and some of the business owners that have discussed with me that they may take advantage of this, they are small businesses. They've got less than an acre of land, they may want to do something in the mixed use category, they just wanted to be able to know that they could apply for the process, and if their project is approved, then they are the mixed use at that point, so obviously they always want to fall back to what they used to be without -- if they can't get their project approved, they don't want to be stuck with a land use that they don't want to use. CHAIRMAN STRAIN: Okay. We're done with page four, we only have 49 pages to go. Page five, Item A, Mr. Jackson, you reference will be a small - scale, pedestrian- oriented. Is there a definition that could be provided for that, or something -- or a different word that's -- MR. EHARDT: That is the language that was in the original ordinance, and we didn't change it. There's some things in the existing ordinance we didn't change, some things we moved from Chapter 2 to Chapter 4, and some things were new. CHAIRMAN STRAIN: You have an idea what your mindset would be in regards to what small -scale is? Because if you do, you could put something in that's more descriptive so there's no question if it is or is not small - scale? MR. EHARDT: I would let the development standards dictate that. It has certain, you know, heights and areas and things like that. I'd rather let those dictate it than try to give some other words here. I think the regulations kind of dictate the shape and size of parcels or buildings that are allowed, and I think that would be more appropriate way of defining it, in my estimation. MR. JACKSON: I believe, though, it was not here that that language was put there trying to describe what the end product would be, knowing that the comprehensive plan put a height limit on all the buildings of three to four stories and 56 feet, and that they were trying -- they were trying to go to pedestrian scale, i.e. Fifth Avenue South, Third Street, Clematis over on the east coast, something along those lines, so if somebody tried to pick a couple words that gave a visual description of what the build out was going to look like. So if you have problems with it, like I said, that was original language put in in 2000. CHAIRMAN STRAIN: Right, and if we're going to -- things need to be clarified and you all have a better word for it, use it. If not, we'll make sure as we go through this it fits. MR. SCHIFFER: On that point. CHAIRMAN STRAIN: Go ahead. MR. SCHIFFER: So David, if someone has a large piece of land and does something that appears to be large, would anybody ever say to you, hey, that's not small- scale? MR. JACKSON: I'm thinking. MR. SCHIFFER: I mean, you limit the size of buildings, commercial buildings, that max out at 20,000 gross, if they don't have residential. Other than that, is there anything? MR. JACKSON: I can't read into the writer's mind because I wasn't here, but I think when they talk about small - scale, they're talking about height, not in mass of building. MR. EHARDT: And I think, at least in the Bayshore option, most of the commercial development that fits this NC category is along Bayshore Drive and only goes back a couple hundred feet or so. It's not like a, you know, 30 acre piece of land there's all commercial, at least in the Bayshore case. CHAIRMAN STRAIN: I think what it boils down to is that you're literally rewriting everything for this area. If this is something that should be clarified and something that could get out of hand, by all means by next meeting, try to suggest a clarification. Under Item B, Waterfront Subdistrict -- it says the purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Does that Page 33 1612 C 7 September 21, 2005 mean recreational uses in the waterfront subdistrict would be prohibited? MR. EHARDT: I thin they are in the table. CHAIRMAN STRAIN: I'm asking. I don't know. MR. EHARDT: Yes. CHAIRMAN STRAIN: Well, you need to -- okay. MR. JACKSON: Again, that's original language. CHAIRMAN STRAIN: Well -- MR. JACKSON: Yes, sir? CHAIRMAN STRAIN: Well, I'd just as soon clean it all up if we're going to go over this. Under residential subdistrict one, R -1, the last sentence, the intent is to create a row or residential units with uniform front yard setbacks. If you look under subdistrict R -3 -E, continues on the following page, it says, the intent is to create a row of residential units with consistent front yard setbacks. Are you meaning anything different? One is uniform, and one is consistent. MR. EHARDT: I think it means the same. CHAIRMAN STRAIN: You have to use the mike, sir. MR. JACKSON: He said he believes they mean the same. Would you prefer we use the same words so we are consistent? CHAIRMAN STRAIN: Let's be consistent. MR. MURRAY: Couldn't be the worst thing that you ever do. MR. EHARDT: Excuse me. One clarification. I need to talk to Mr. Jackson because we changed some things in this district related to setbacks. Some of them were to be built to lines, and we opted now to just have a new setback where people can set further back than that, so I may need to reclarify this definition. CHAIRMAN STRAIN: Work it out by next time around. That same page, where we started with residential subdistrict 3, the purpose of this district is to allow a development of mobile home, townhouses, and single family residences. Mobile home is a concern, and I want to make sure that you realize we can't do mobile homes in the coastal high hazard area, and part of your overlay is in that area. I'm not sure that this -- MR. JACKSON: The majority of the area is in coastal high hazard zone. CHAIRMAN STRAIN: It's my understanding that mobile homes aren't allowed. MR. JACKSON: Well, I understand for conditional uses -- and Ms. Murray will have to chime in on this one, but if somebody has a mobile home on a lot, its own mobile home, and they want to replace it, they can. CHAIRMAN STRAIN: Susan, in a coastal high hazard, can you clarify? MS. MURRAY: I'm not sure I can answer that question with respect to coastal high hazard area. CHAIRMAN STRAIN: This says to allow the development of mobile home. I think that that's where my concern was. If it's existing, we can certainly look at that, but I don't believe -- I didn't know you could develop any new mobile homes in a coastal high hazard area. I think that's addressed in the GMP. MS. MURRAY: There are different rules for replacing versus new, so that might be something we need to answer for you next time, if I can't come up with something. MR. WEEKS: Mr. Chairman, you're correct. The future land use element prohibits new mobile homes within a coastal high hazard area. This entire Bayshore overlay is within the coastal high hazard area, with the exception of that portion lying both north of U.S. 41 and east of Airport Pulling Road. All of the existing mobile home zoning and VR zoning that allows mobile homes lies within the coastal high hazard areas. We just need to clarify the language. This is referring to redevelopment, not new mobile home zoning and development. CHAIRMAN STRAIN: Right. So that issue needs to get struck and rewritten, and in preparing for Page 34 1612 c r September 21, 2005 whatever you have to do, it needs to be consistent. MR. JACKSON: We will clarify that off what Mr. Weeks said. CHAIRMAN STRAIN: Okay. Before I go to page six, does anybody else have an item on page five? MR. SCHIFFER: No, thank you. CHAIRMAN STRAIN: Page six, the same item, top of the page -- oh, no, I already addressed the consistency. I guess number three on the bottom of the page, until the property owner -- it says, sub districts will remain under current LDC commercial regulations until the property owner decides to rezone to the BMUD -NC or BMUD AV sub districts. Now, maybe it's a clarification from staff that I need. I thought what we're -- what this overlay does is essentially rezone it. Basically, they'd be opting into one of the sub districts or instead of rezoning it because that's what an overlay would do, I believe. It's a rezone already. David's standing there, David Weeks, so maybe he could -- MR. WEEKS: I had that -- Mr. Chairman, I had that comment, as well. This, I think, reflects the earlier language in the earlier draft. I think what we need to do is make the same reference to opting in, and I made a note that we probably should reference that section at the beginning, section 2.03.07.5.2 that explains how you opt in. CHAIRMAN STRAIN: Okay. As long as that's noted the for next time. Gentlemen, I'm done with six, I'm done with seven. I did not dwell on the uses that carry us all the way to page 33. Any of you have any questions on the uses? MR. SCHIFFER: Yes, I do, Mark. CHAIRMAN STRAIN: Brad? MR. SCHIFFER: David, on page nine, there's a description of artist studios, and first of all -- I mean, I'm not sure -- the SIC code is actually for theatrical production and miscellaneous theatrical services, so I don't think that's an appropriate SIC code, but why wouldn't we want artist studios in the commercial district? Why wouldn't we want artist studios in all the districts? Aren't we building an artist community here? In other words, for example, the neighborhood commercial should allow artist studios. MR. JACKSON: As a commercial use in a C -1 to C -3 or a neighborhood commercial? MR. SCHIFFER: I mean a place where a person could go and just -- MR. JACKSON: I don't have any argument on that. MR. SCHIFFER: Okay, so do you agree that killing the -- your intention wasn't to not have theatrical services. Correct? MR. JACKSON: Well, we did have one theatrical services in the arts -- arts village area. This is one of those things that either you list everything or you list nothing because there's so many art forms, and everybody has a definition of what art is. Building metal boats for some people will be art, and you don't want a boat factory, you know, so we'll look at the SIC code. We can put the permitted in the NC area there and see if we can find some other MR. SCHIFFER: Why not for the waterfront? I mean, an artist might want to look out at the water. MR. EHARDT: We -- the intent was to create this artist village and try to spell out the types of activities we'd see in that artist village. It was a distinct area within the Bayshore area. It has a lot of the same requirements as the NC category does. I believe staff wanted us to put something in related to the IC code. I know -- there's no real definitions that I could find for some of these uses that we're talking about here, so I just had to list them out as best I could of the types of things we got from some of the people that were interested in doing this Page 35 1612 C 7 September 21, 2005 type of development in the area, and -- but, yeah, I've got no problem showing it in the NC area to the waterfront area. MR. SCHIFFER: I'd like to see it in the NC, the -- I mean, the commercial zoning, somebody within that commercial project could build -- could be a group of artists, an art studio. I know you can't just throw them all into that -- MR. JACKSON: That's fine. I don't have any difficulty with that. MR. SCHIFFER: And this comes up. This is going to be all over the place, but go down to the footnotes, and Patrick, help me with this one. The intent of that phrase, let's take five, for example. You use this throughout the thing. It says, only allowed on residentially zoned property as part of a mixed use development. Does that mean -- in other words, if I have a use, does that mean that I can only do it on residential property, or are you saying it is only allowed on residential? I mean, can you get rid of the word "only" and then say, allowed on residential properties? Wouldn't that be the same thing? MR. JACKSON: Okay, so you're trying to stay away from -- (Two people speaking at the same time.) MR. SCHIFFER: Well, I mean, if you read this carefully, what it says is, it's only allowed on residential property, which is -- MR. JACKSON: As part of a mixed use development. MR. SCHIFFER: As part, so if I have a commercial piece of land, I want to put this use on, and you're telling me I can't do it because it's only allowed on residential property. MR. JACKSON: Okay. Maybe we'll clarify it. We'll have some people that will capture a piece of NC property, like on Bayshore, for instance, where it's not very deep. It's only maybe a hundred feet deep, and they want to capture some of the residential zoned land there and make it part of a mixed use project, and so you're taking the residential and turning it into a commercial use is only allowed if it's part of a larger mixed use project. MR. SCHIFFER: But when you say to me that a use is permitted, but it's only allowed -- in other words, if you get rid of the word "only ", I think you say what you mean. MR. EHARDT: Okay. This is something that David had us put in there as clarification. There were some sections in the overlay that we designated for the artist village that are residential right now. They're part of a mobile home community. I forget the name of the street now. Xxx Vanburen Street. On the south side of Vanburen Street, it's residential, and on the north side, it's C -5. C -5 is not a problem in doing what we want to do in NC categories. MR. SCHIFFER: But I would argue that if it goes to this footnote -- MR. EHARDT: Wait, let me -- let me -- let's continue on, and maybe David can explain it further. What the FLUE says is that you cannot expand the commercial property in the Bayshore, in the overlay district, into the residential area, unless it's immediately adjacent to a commercial property. Am I saying that right? I think that's why this language -- CHAIRMAN STRAIN: You'll have to talk into the speaker, sir. MR. SCHIFFER: Let me say, I understand that. MR. EHARDT: Okay. MR. SCHIFFER: And I understand what the intent of this is, but the way you've worded it, you're not allowing me to do it on the commercial property. What you're telling me is that it's only allowed on the residential property. MR. JACKSON: Okay. Well, in reality, you could not make the residential mixed use by itself. It would have to be attached to some kind of a commercial property, so we'll take the word "only" out and -- MR. SCHIFFER: And it's intent -- I'm not understanding the intent. MR. WEEKS: I would suggest something to the effect of, for residentially zoned property, this use is only allowed if it's part of a mixed use development. I think we understand the idea. You're reading it to Page 36 1612 0 7 September 21, 2005 mean that if you're zoned commercial, you can't do this use. MR. MURRAY: That's what it says. MR. SCHIFFER: Because you're telling me it's only allowed on -- I have a couple more. MR. MURRAY: Okay. Go ahead. I just have one question on the artist thing again. I want to beat a dead horse, if I may. We're coming back up to that artist studios, painting and so forth, and we get down to ceramics, pottery, and it's permitted, and hand in glove, if you're going to have pottery, you're going to have ceramics, you're going to have to have a kiln, so I just want you to be very cognizant of that, if you don't want to be putting a business, allow a business in there that can't function, so I just call that to your attention, and that's the end of that for me. MR. SCHIFFER: My next question is on page -- never mind -- page 15, the marina is not allowed on neighborhood commercial, but there is some neighborhood commercial that's alongside Haldeman Creek and everything, wouldn't that be allowed on that? We actually have some -- MR. JACKSON: Back in the section back here where it talks about waterfront properties, we put in there that neighborhood commercial could be used for a marina property, as long as it was adjacent to, directly in the same ownership. It's further back. MR. SCHIFFER: In other words, the reason you don't have marina in there is because you don't want it on neighborhood commercial that is not on the water or something? MR. JACKSON: Right. MR. SCHIFFER: Could you put in that footnote to explain that? MR. JACKSON: Which page was that, sir. MR. SCHIFFER: Page 15, marinas. MR. JACKSON: And you want to put P in the BMUD section? MR. SCHIFFER: And then you want a footnote to explain that it has to be alongside the water. MR. JACKSON: Okay. MR. EHARDT: You're talking about in the NC category? MR. SCHIFFER: Right. Another question, just out of curiosity on the footnotes, you have a lot of ibid situations. Why don't we just have less footnotes. In other words, why -- I mean, in other words, we're footnoting -- let's just make it simple -- say number one, and then the next five are going to be the same as number one, so we do five ibids. Why wouldn't we just always refer to number one? MR. WHITE: In other words, in the table box, you'd put the same number? MR. SCHIFFER: Right. Why have -- you know, we have a couple hundred numbers here. MR. EHARDT: I think I was trying to follow the format that's in the new code, and I think they were numbered consecutively, if I remember right. I may not. MR. WHITE: They are consecutive, as they are distinctly separate footnotes, but those that are similar, if you look through the table boxes, you'll see there's essentially a repetition of that same footnote. MR. JACKSON: We'll correct that. MR. SCHIFFER: Page 20, I note dwelling units are allowed in neighborhood commercial and waterfront sub districts, but for down here, we're not saying that residential uses are permitted, and I wonder -- I mean, I wouldn't want a problem with somebody saying you can't put a residence, and they could say, well, I can put a dwelling unit. Is there a problem with -- MR. EHARDT: That can go in there. MR. JACKSON: I think we missed it. MR. SCHIFFER: Okay. And again, it can be in mixed use, which would be the intent. MR. JACKSON: Right. MR. SCHIFFER: Okay. On page 24 is accessory uses, the boat rental down to the boat yards, wouldn't that be available on neighborhood commercial, if it's alongside the water? Put in allowable, but footnoted that it -- I mean, it has to be on waterfront? Page 37 1612 C September 21, 2005 MR. JACKSON: You are talking about the boat rental in the residential? MR. SCHIFFER: In the neighborhood commercial. There's some neighborhood commercial, I know, that's on Haldeman Creek. MR. JACKSON: Sure. MR. SCHIFFER: I think the footnote that states it has to be on water. You don't want a land- locked boat rental. MR. JACKSON: Got it. CHAIRMAN STRAIN: It's called portage. MR. EHARDT: Just a point of clarification. I'm trying to think where there's -- the NC property that's on -- is that on the north side of Haldeman Creek? MR. SCHIFFER: North side of Haldeman Creek. MR. MURRAY: You may have something in the future where you get some additional pieces into your -- MR. EHARDT: Right. MR. SCHIFFER: A little thing, on page 26, we have garage- residential. Would that always be your understanding for either a garage alongside a residence, not a parking garage serving multiple residents? MR. JACKSON: Right. MR. SCHIFFER: Page 27, has an accessory use -- I think marinas are allowed as a primary use, but could they not be an accessory use in the neighborhood, commercial, and waterfront also, or you think the fact that they're allowed as a primary use, that would never be a problem? MR. EHARDT: I don't think I'd duplicate indicate it. MR. SCHIFFER: Okay, as long as there would never be -- MR. EHARDT: If they're on the other one there wouldn't. MR. SCHIFFER: Okay. I'm done with uses. That lands me on page 31. CHAIRMAN STRAIN: Okay. Go to page 33 in paragraph A, last sentence. It seems to indicate that if you have an underlying RMF -6, you're allowed to have commercial uses as long as they're part of the mixed use development, so that means you take the density of an RMF -6 and you can add to it some amount of commercial use, so that your density on that piece of property would be much greater than what it simply would be as RMF -6. Is that the correct interpretation? MR. EHARDT: You can increase it if you use the -- it would probably get to the 388 draw down that they have. You could. If that 388 units is used up, then you couldn't use it. CHAIRMAN STRAIN: Well, I mean, I was going to -- I've certainly got a -- MR. EHARDT: David, is that right? MR. JACKSON: When you mean density, you mean by just mass of commercial, or more residential? CHAIRMAN STRAIN: Right now, if it's RMF -6, all you can put there is six units per acre. MR. JACKSON: Correct. CHAIRMAN STRAIN: Okay. Now you're saying you can have the six units per acre plus whatever commercial you want to fit on the property. MR. JACKSON: Provided it is attached to a mixed use piece of property, neighborhood commercial and expand it. Then it could, yes. It could take what is remaining or up to what -- 12 units per acres -- that's left in the density bonus pool. CHAIRMAN STRAIN: And I will have -- I have a lot of questions about the density bonus pool, but I guess -- MR. JACKSON: We have an expert -- we have an expert today that could answer that for you. CHAIRMAN STRAIN: Okay. I don't know if anybody from transportation is here, but I would ask 0—!.M 1612 C 7 September 21, 2005 that -- and Ross Miller is shaking his head no, even though he works in transportation, but -- you know, with some of your decisions, Ross, I'd have to agree with you, but -- just kidding. I would like to find out if in the TCMA that was created, that I believe this area is a part of, or TCME, whatever which one it is, did they count this additional commercial being in that area when they did the TCME? It regulates or converts the program. MR. SCHIFFER: Mark, that's an existing situation. I mean, the code now says that in mixed use, you're allowed 12 units per acre. CHAIRMAN STRAIN: But does the RMF -6 in this overlay allow additional commercial if you're in neighborhood commercial? MR. SCHIFFER: If you're in neighborhood commercial, you're allowed mixed use, therefore, you're allowed the 12 units per acre now. MR. JACKSON: Okay. I can't speak to -- CHAIRMAN STRAIN: I don't get that. MR. JACKSON: I'm going to try to look into your brain here and figure out if I'm going to answer the question that I think you're asking, is that the bonus density pool was taken out of Botanical Gardens for the effect of the increased transportation impact. The density in the entire area will not be any greater than what the underlying land use allowed. It just may be in a different place along Bayshore or along the triangle area, so, I mean, we'll get into that. I don't know if we really need to bog down here. When we get down to the footnotes to talk about that, but the 388 density bonus pool came out of Botanical Gardens and its underlying -- its land use of RMF -6, it was 388 units, it was allowed by the comprehensive plan, to be dispersed throughout the overlay district, and without any written rule, so -- and a rule could be written, but -- so instead of it all being down at the intersection of Thomasson Drive and Bayshore, those 388 units, they could be spread out throughout the rest of the area along Bayshore or anywhere in the residential area where it is attached to a mixed use development. CHAIRMAN STRAIN: David Weeks, could you -- I'm -- haven't heard of transferring development density in other places, other than the TDR program. Do we have a transfer development or some transfer density from the Botanical throughout this area? Is that how it's been set up? MR. WEEKS: Yes, sir. And in effect, we would create a special TDR provision here. Back in 2000 when the future land use element overlay was adopted for this area, and as David Jackson just explained, that that's the nuts and bolts of it. The Botanical Gardens was forthcoming. We knew that. We wanted to encourage mixed use development here. The incentive in part for that is to provide additional density. However, because the vast majority of this overlay lies within the coastal high hazard areas, providing for increased density through a rezoning was not enough. That's like a line in the sand that the Department of Community Affairs does not want to cross, so our means of increasing that density was to take those units away from the Botanical Garden site after rezone, and creating this pool, as he referred to it, of 388 units, and up to the point that that's used up, this density incentive is applicable. CHAIRMAN STRAIN: So in the coastal high hazard area in this particular case, on individual parcels, you could increase the densities, but only because you're using the gross density calculation left over from another project that didn't use it. Is that -- MR. WEEKS: That's correct. The overall fact is a reallocation or redistribution of, at that time, existing, approved density, as opposed to, at the end of the day, increasing the number of units that could be in the coastal high hazard area. CHAIRMAN STRAIN: The issue of taking the RFM -6 and allowing it to be used with the mixed use development and adding commercial now to the RFM -6, is that also addressed in the GMP? Page 39 1612 C p September 21, 2005 MR. WEEKS: It is just in the general sense that it says mixed use development is allowed, and what we're doing here, which is allowed under a zoning of the land, just as we're taking lands that are presently zoned commercial, and we're going to allow residential development to occur there as part of a mixed use development, we have the option scenario where a piece of property zoned residential is going to be allowed to have commercial development, and in this case, also, more density than the underlying zoning would indicate. That's the real difference here with the zoning overlay. You cannot go by your underlying zoning to the greatest -- well, I would say completely it becomes irrelevant because the zoning overlay, if you opt in, dictates what your uses are going to be and what your density is going to be. CHAIRMAN STRAIN: I understand now that the 388, then, is somewhat regulated. Basically, it comes from a formula derived from the maximum that could have been there anyway. MR. WEEKS: Correct. CHAIRMAN STRAIN: How is the additional commercial that seems to be implied could be created in all these areas, how has that been accounted for grossly over the entire overlay project or the properties in that area, versus what would have been there under the existing zoning? MR. WEEKS: That has not been accounted for. Now most of the properties that are in the overlay that allow commercial uses, most of the neighborhood commercial, most of the waterfront, if not all, is presently zoned commercial, so there's not the increase, but there are some RMF -6 zoned properties that would allow for commercial development, and there has been no similar accounting for that increase, as there was with the 388 residential units. CHAIRMAN STRAIN: So you -- where I was going with my original question was trying to find out if transportation, then, has some way of -- because when they did this TCMA or TEM, or whatever it's called, at that time, they had to show the State how they figured all the traffic counts in the area were going to be and they relied on certain formulas. Then this new commercial wouldn't have been in that initial formula, so I'm wondering how that's going to affect the overall TCME. You may not be able to answer that question. MR. WEEKS: I can't -- certainly I cannot answer the specifics of how many trips would be generated additionally. I can say that laying this down in an overlay which allows for this zoning overlay that we're discussing existed since 2000, so when the TCEA was adopted about a year ago, this future land use provision was already there, and we're taking a step now to implement what was already in the future land use element. CHAIRMAN STRAIN: Okay. Well, maybe you can let me know next time. Mr. Abernathy? MR. ABERNATHY: I think you could use the word cow patty in the transfer of the Botanical Garden, surrender of the Botanical Garden units -- MR. WEEKS: Yes, sir. MR. ABERNATHY: -- some years ago. Is the 388, are those all derived from Botanical Garden properties along Bayshore, I guess it was? MR. WEEKS: That's correct. CHAIRMAN STRAIN: Mr. Vigliotti? MR. VIGLIOTTI: The 388 units that go into a pool, how are they going to be distributed? MR. WEEKS: First come, first served until they're used up, and our department has specifically mentioned if you're in the overlay, it's always been our intent that we will track those units. Initially, it was presumed because such a process that we've discussed today did not exist, we presumed that it would be through a rezone action. In this case we're coming up with an administrative process. Either way it doesn't matter. We will track those number of units with each approval until that 388 has been used up. MR. MURRAY: And I would have a question, really, more for Mr. Jackson is, is there a waiting 1p§i�r215 �O05 7 list currently for such application? MR. JACKSON: They're lined up at the door. CHAIRMAN STRAIN: Okay. Brad? MR. SCHIFFER: And David -- I'm sorry, David Weeks, it exists today. I mean, we're not adding that to the overlay at this point? You're defining the pool a little better, but the 12 units was in there prior to today? MR. WEEKS: The 12 units was in the future land use element. That's correct. CHAIRMAN STRAIN: But the conditional commercial that can now be put in RFM -6 was not? That's what I'm trying to get at. MR. WEEKS: No, sir, if you're going back to the notion we have this pool of residential, did we have some pool of commercial? No, we did not. CHAIRMAN STRAIN: That's what I was getting at. MR. VIGLIOTTI: Going back to the units again, They're being given away for free? MR. JACKSON: That's not been discussed with any part of us. MR. WEEKS: No, there is no independent development right that exists. It's a -- if you will, you could say the county controls those, as opposed to a private entity. The county has that pool of 388 units. Each time an applicant walks in the door requesting this density increase, if they qualify and it's approved, and we take that off the books. MR. ABERNATHY: The Botanical Garden could use the money. MR. VIGLIOTTL• So could the county. So could the county to fund this. Couldn't we attach a dollar value like other areas of parking spaces? It's a thought. CHAIRMAN STRAIN: It is interesting because the first developer who can move the fastest and acquire the most is going to walk in there and try to get as many free densities as he can, where elsewhere in the county, they'd have to pay a fortune for that. MR. WEEKS: But the incentive here is to try to get a mixed use of the property gratis. That's the basis here. You may be correct. We had not thought of this before, but the notion of charging for those, I would question whether that's -- is that still incentive, or is it now becoming a disincentive? MR. VIGLIOTTI: I believe if you put a dollar figure to it that they'll still do it, depending on the right dollar figure. It might be hard to find a number that works for everybody, but there is a dollar figure that everybody's leaving on the table. MR. MURRAY: As long as we're discussing that, take into consideration this is intended as a neighborhood redevelopment, and as I understood it, it was to benefit the residents, and primarily the residents, and not make it open season for all the developers. CHAIRMAN STRAIN: Okay. Brad, did you have another? MR. SCHIFFER: Yes, and I'm sorry to go back, but this will be quick. David, on page 31 -- David Jackson. You know, we used the BMUD abbreviation a lot, and in Chapter 4, the first place it kind of shows up, could we put in the abbreviations these BMUD things? In other words, there's no way you can define it in the LDC abbreviations -- COURT REPORTER: Excuse me, what is that? MR. SCHIFFER: Pardon me? COURT REPORTER: What is that? MR. SCHIFFER: The word, the BMUD. It's capital B -- CHAIRMAN STRAIN: B- M -U -D. COURT REPORTER: Thank you. MR. SCHIFFER: Where we have our abbreviations? Could we put these in there? MR. JACKSON: Sure. MR. SCHIFFER: Somebody could come across Chapter 4, and they really wouldn't know that 1612 C 7 September 21, 2005 that's the Bayshore thing unless they read that, or spell out Bayshore. MR. EHARDT: Have this in the definitions? MR. SCHIFFER: Well, prior to the definitions, we have abbreviations. I think it should be in there. MR. EHARDT: Oh, okay. MR. SCHIFFER: And we highlighted it like it's an abbreviation. In other words, our standard now if we have a bolded. MR. JACKSON: Right. We'll define it a little better and put it in the definitions. CHAIRMAN STRAIN: Mr. Vigliotti? MR. VIGLIOTTI: I want to get back to the units again and the dollar value. David, couldn't you work on a program that might make sense to generate some kind of revenue, instead of just -- MR. JACKSON: The community redevelopment agency, that's one of its purposes, is to provide incentives for redevelopment of blighted areas, and redevelopment of spaces. Usually the incentives are something that is a gift to the person that is going to create something new, make it better, larger, or will comply with whatever our zones, codes, and designs are. I agree with the comment made that it may become a disincentive, but then again, it's a gamble, it's a risk, but our job is to provide the incentive that this bonus pool is a definite incentive to bring this whole area back to life, and I would hate to put a cork in the top of the bottle. However, that doesn't mean that your suggestion can't be taken up with the community redevelopment agency board at their next meeting and discuss with them if they have a desire to attach a dollar figure to it, but right now, I don't see any administrative or any language or legal stuff that says that we can, we should, or we couldn't. MR. VIGLIOTTI: I'd like to see it at least investigated. I know the other CRE people pay for parking spaces. It's common, and it still works. MR. JACKSON: Okay. CHAIRMAN STRAIN: Isn't your board made up of people that live in the area, business owners? MR. JACKSON: That's just an advisory board. CHAIRMAN STRAIN: Right. MR. JACKSON: Which is just advisory in only capacity. The CRA board is -- CHAIRMAN STRAIN: It's the BCC. MR. JACKSON: No, it's not the BCC. It's the people that sit as the BCC. It's separate and distinct. CHAIRMAN STRAIN: Okay. The five bodies -- MR. JACKSON: No, they are separate and distinct. They are not the same. They're the same people that sit there, that's the thing we have to keep separated here. They have different legal actions, and they don't mingle. MR. MURRAY: I watch the transfiguration occur every time. CHAIRMAN STRAIN: They don't look like themselves, let me tell you that. MR. SCHIFFER: Government schizophrenia. MR. MURRAY: I've got 33, but we went back to 31. CHAIRMAN STRAIN: Can't go back. We're on page 33. Under C(3)a, just a question about the outdoor displays. Merchandise is limited to the sale of comparable items sold on the premises, and as indicated on the proprietors' occupational license. They don't tell -- on the occupational license, they don't tell a guy what merchandize he's going to sell. MR. JACKSON: This is original language. I have difficulty with it, too, but I didn't know what to do with it. CHAIRMAN STRAIN: Well, let's clean it up. Page 42 1612 C � September 21, 2005 MR. JACKSON: Well, rd just as soon take it out. This -- what this means is somebody can't -- I mean, somebody sells boats, he puts boats out there in his front yard, or somebody sells benches or art, that he can't take his art out and put it out in his -- if he has a front yard area, that's his private property. CHAIRMAN STRAIN: Maybe it needs to be reworded in a better manner, so -- MR. JACKSON: Sure. CHAIRMAN STRAIN: It would be a good time to do it. Page 35 is the rest of the commission there? MR. SCHIFFER: But wait a minute, Mark, one thing. I kind of understood that what it's saying is that if a guy gets an occupational license to be an outdoor vender, he can only sell those things that he has a license for. I mean, you're saying that an outdoor vender could sell food, and he starts to sell cars. I mean, wouldn't that be -- CHAIRMAN STRAIN: No. It doesn't say on his license what his merchandize is. That's all I'm saying. (Several people speaking at the same time.) MR. JACKSON: Well, it says sold on premises which intends that he has a fixed site. He's not a cart vendor -- MR. SCHIFFER: Right. MR. JACKSON: -- pushing somewhere. He's got a building. He's got a rental space -- I mean, he's in a space. It's on his premises that he is leasing, so -- MR. EHARDT: Couldn't we just put a period after premises, or strike the last part? CHAIRMAN STRAIN: Okay. I can go do 35. The first thing on 35 is your front build -to -line. In the C -1 through C -5 zoning districts which underlay the BMUD, that's where it's to apply. What if someone wants to use the underlying zoning setback? Does that mean that they're not allowed to, that they have to use the front build -to -line? MR. EHARDT: The way we're written it now, that is correct. CHAIRMAN STRAIN: So even if you don't opt in, you've still got to -- MR. EHARDT: -- use that criteria, but you can do a more intense use if you have C -5 or C -4 which you couldn't do with the opt in. CHAIRMAN STRAIN: So the only thing you're not buying into when you opt in is the change of use? MR. EHARDT: Basically the use, yes. CHAIRMAN STRAIN: Okay. I your want to make sure it's understood that way. MR. JACKSON: A little bit of a more uniformed setback, it'll bring it a little bit closer to the road. It's a little bit more uniform type of setback when somebody redevelops a property. CHAIRMAN STRAIN: Well, I've got -- there's a lot of questions about the build -to -line to understand it better, but I guess we'll work our way through the pages to get to them. Under number two in the next column, in -fill projects will match front yard setbacks of existing -- adjacent existing structures. Well, if they didn't have a build -to -line before, is this assuming all the structures are built to some imaginary line? What if they're staggered? What if you got different -- MR. EHARDT: Let me think about this. I forgot what I wrote here. That probably needs to come out and stick with the build -to -line. CHAIRMAN STRAIN: Okay. MR. JACKSON: Yes. And in redevelopment, that does -- I think you're exactly right, Mr. Strain, is that in redevelopment, you're going to have, when there were no codes, buildings built at different settings, and then when there was takings on roads, and so the line moves around, and we may have buildings -- and we do have many of those -- there's no -- it looks like a snake crawling on the ground. CHAIRMAN STRAIN: Right. The maximum density at the bottom lists 12 units per acre. I just Page 43 1612 "C" September 21, 05 wanted to make sure that whatever that is, it doesn't exceed the current density allowed by the coastal high hazard area because I think you have a base density of four with a traffic congestion, I think you're dropping it down to maybe three. I'm not sure how that works, and maybe David Weeks, who's standing behind you, can tell me if this fits with the -- MR. JACKSON: Well, yeah. This is a mixed use neighborhood commercial, so the 12 units is correct, if they bring residential in with the commercial component. CHAIRMAN STRAIN: As long as it doesn't increase the density that we currently have for the coastal -- we can't -- I don't believe we can bring any more density in to a coastal high hazard area. MR. JACKSON: It comes out of the pool. CHAIRMAN STRAIN: Right. MR. EHARDT: That's all. That's the word. CHAIRMAN STRAIN: David Weeks, is that worded in a manner that will work for your understanding of it? MR. WEEKS: I'd have a couple of minor changes. I would recommend -- the first one would be to add the phrase, this applies to mixed use projects only. Because that is the only means by which these will qualify for that, and secondly, in the second sentence of the footnote 105, replace the word "since" with "if'. If the underlying zoning is commercial because there are, again, some RFM -6 properties within the neighborhood commercial, but those are minor adjustments, but otherwise, back to your question, yes, sir. MR. MURRAY: Would you repeat that last piece again, replace the word -- MR. WEEKS: In the second sentence, it begins with the word since. It's stating that since the underlying zoning is commercial. I would replace the word "since" with the word "if'. CHAIRMAN STRAIN: Okay. While we're into that paragraph, and Mr. Jackson, I guess this is more of a question for you. I understand your first sentence now about the 388 density. Then it says, this bonus is allocated on a first come basis and is recommended by the CRA local advisory board as developments are planned. Now, is that the board that was appointed by the five bodies that sit up there? MR. JACKSON: No. It's a nine- member appointed board, advisory board. CHAIRMAN STRAIN: Appointed by the BCC or the CRA, whatever you want to call them? MR. JACKSON: Correct. CHAIRMAN STRAIN: Okay. MR. JACKSON: It's appointed by them, it's advisory in nature. Their objective in their bylaws, their scope of work is to give community input into anything that happens within the boundaries of the CRA. CHAIRMAN STRAIN: I feel pretty uncomfortable with allowing a private group to award density. I think that's at the discretion of the BCC or the government process. I also don't believe that your board, the advisory board, has the right to do that anyway, by their own establishment. When they were created by the BCC, the most they could do, according to Item D of their creating documents was review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area, and I think that that's going quite a bit further than that process. I would suggest that that sentence be struck. MR. MURRAY: I would agree with you, Mark. That was one of the issues that I had, was the concern for decision making. CHAIRMAN STRAIN: I think review and comment would be weighed, appropriately so, by staff, since staff are the professionals that we rely upon to make sure all the consistency is there and all the other elements of discretion are used, so that would be a suggestion. MR. JACKSON: You're talking about page 35, sir? CHAIRMAN STRAIN: In your footnote. It does occur in other parts of these overlays. Page 44 1612 C T September 21, 2005 MR. JACKSON: Correct. I'm just trying -- CHAIRMAN STRAIN: 105, and you have the same language throughout this document in other paragraphs we'll be getting to that reference approval authority of your advisory board -- MR. JACKSON: I think the operative word is "recommended" because they know they don't have any statutory authority. The reason it's in here, sir, is to make sure that. any person that is a developer or redeveloper in the area, that they come to the community and talk to the community and lay the cards on the table and get input, and the input would be for design, architectural review, density, the likelihood that the project with be a benefit to the entire area, and it is a recommendation which can be overturned when it gets into the county planning process or up into the planning commission because you will see all these projects, and then it has to go to the BCC. CHAIRMAN STRAIN: Well -- MR. JACKSON: The recommendation is to provide a tool because right now, we do not want an end run around the community, and you'll end up with something you don't want. It's too late, it's already through the process, and you have to swallow it, and that is happening now, and we're just trying to circumvent that and put them back through the process to don't forget that we are a community redevelopment area. The community needs to be involved, and they need to know what's going on in their neighborhood, and you have people standing in front of you in the planning commission all the time saying, when did this happen? How did this happen? Nobody has input, and you have to backfill. We're just trying to put the language in there to allow the community to provide recommended input, recommended, and then the people that have the legal side of the house can continue from there. I mean, I didn't mean to be terse. I'm just trying to convey the people that are in this area, how they feel about it. CHAIRMAN STRAIN: I understand. I've got more to say. David, do you have a comment? MR. WEEKS: Just a quick comment. If I understood Mr. Jackson correctly, he mentioned staff, but he also mentioned planning commission and board, and as this is structured, this is going to be an administrative process with staff, only. CHAIRMAN STRAIN: I know, and that's why I'm still getting into it, David. But I disagree with the way it's written on those bases, but Mr. Jackson, to go back to what you said, you talked about recommendation. Again, I've got to go back to the documents that formed the advisory committee that were signed by the chairman of the county commission, and it says specifically they will review and comment. It doesn't say recommend, doesn't say approve, but review and comment. Now, I don't know what the protocol is legally, but I would think that you need to stick to what your allocation was, just like this panel has to stick to what we're allowed to do. So I would have problem with language in there that says review and comment, but I can't see recommending an approval at this point, as it being inconsistent with the other documents that formed that group. So those are my comments for next time. MR. MURRAY: I would also add to that. If it is truly to be a fair system, if it's going to be first come, first served, it has to be really noted as first come, first serve, and the recommendations that come from your advisory board, who knows these recommendations? This information has been passed on to the county? Is public knowledge? So those are the considerations you must make, sir. CHAIRMAN STRAIN: I'm on page 35. MR. SCHIFFER: Just a matter of format. Don't we now, instead of calling the county comprehensive planning director, don't we say county manager or his designee everywhere? CHAIRMAN STRAIN: Yes. MR. SCHIFFER: That comes up in a couple places. It comes up there on footnote -- CHAIRMAN STRAIN: Just after 105. MR. JACKSON: Yeah. The county manager designee was original language from zoning, Page 45 1612 C t7 September 21, 2005 planning staff. They always ask who is this and what does it mean, so what I tried to do was take it out and try to, you know, put in something that is a known entity to qualify the county manager or his designee. MR. MURRAY: We can do it parenthetically, I suppose. CHAIRMAN STRAIN: Would you comment on this issue because we've gone to great lengths to change into the UDC from the LDC. We changed all that language over to the county manager and his designee, and we've done that in the PUDs that we've put forward, so are we now reverting, going back to this? MR. SCHMITT: Should be county manager or designee. That's been pretty consistent. MR. JACKSON: All I comment to that is, I get staff recommendations that says take it out, who is this, so I'm in a -- MR. WHITE: That's fine. You need the information, but that doesn't mean the provision has to read that way. Once they know that, then they will know how to apply it in whatever procedural rules they develop. MR. JACKSON: Then I should put back in here county manager or his designee? MR. WHITE: Or designee. CHAIRMAN STRAIN: Or designee. Right. MR. WHITE: Yes. Leave out the pronoun. CHAIRMAN STRAIN: In that same sentence, I want to follow up on your question, once the 388 unit density bonus is allocated, only the affordable housing density bonuses can be used to increase density. Now, Mr. Schmitt, what are we at with the affordable housing and the CHHA? There were some changes coming down from the BCC. Where are we at with that? MR. SCHMITT: David could talk about this, but part of this depends on where we were in a zoning reevaluation of what density was available there, but the bottom line was going to be a four units an acre in a coastal high hazard area for affordable housing. That's what the EAR based amendment was going to offer. David? MR. WEEKS: Further, even if the EAR based amendments are approved that caps density to four units per acre in a coastal high hazard area, that would still provide the opportunity to rezone from three units per acre up to that cap of four, so there's still some validity to that statement. CHAIRMAN STRAIN: Just wanted to make sure. MR. MURRAY: David -- and you said i£ Has that not yet come back from DCA? MR. WEEKS: Only the report itself. MR. MURRAY: With no comment, right? MR. WEEKS: Correct. The next step is to actually prepare the amendments to the growth management plan and go through that adoption process. MR. MURRAY: Thank you. CHAIRMAN STRAIN: Well, I'm -- Susan? MS. MURRAY: May I make a brief comment? Because we've discussed this before and things, but I don't see any changes in here. One of the things that staff has difficulty with, when you start talking about redevelopment versus new is what constitutes redevelopment and what constitutes new, and the way I read this is new buildings, meaning taking a raw, vacant piece of land and constructing a new structure versus either adding onto an existing structure or demolishing a portion of and rebuilding of, and it's -- I think it's -- the way this is drafted, anything new would probably be interpreted to mean vacant land to brand new, completely new structure, and I'm curious if the intent is to try to apply some of these rules, when somebody comes in to redevelop, and then what does that -- what constitutes new in that case? CHAIRMAN STRAIN: Well, you're now in the regular areas of the county. Do we have a way -- I think it's called a 50 percent rule. If you renovate over 50 percent of either value or square footage or something like that -- Page 46 Ib I ?m C 7 September 21, 2005 MS. MURRAY: We have in the architectural standards some clarification that where you do make a certain percentage change or certain types of changes, you would then apply certain rules, and yeah, for other provisions of the code, we also have regulations that spell out what constitutes redevelopment or new development or a change. CHAIRMAN STRAIN: Do you see any reason why what's in the existing code wouldn't be able to work here? I mean, I'm just talking it out. MS. MURRAY: Possibly. I guess my concern is, I'm not sure if that would meet their intent. I guess that's what I'm asking. (Several people speaking at the same time.) CHAIRMAN STRAIN: They're also -- MR. EHARDT: I think they were intending for -- they're structures, they're buildings. The existing building on the site gets torn down, you build something new because you couldn't ask a person in an existing building to build his facade that's set back 30 feet, build it up to the build -to -line. That's just, you know, it doesn't make any sense. MS. MURRAY: Well, it may be that you want them to comply with other regulations that they possibly could do -- and maybe not. I guess that's what I'm asking because the way it's written now, it would strictly apply to brand new buildings. MR. EHARDT: Yes. Yes. CHAIRMAN STRAIN: See, what that means is that someone will come in with a -- that has a currently existing 25,000 square foot building, demolish everything but the bathroom, and build around it and say it's not a new building it's an existing building modified, and I think limitations in the LDC would say no, you're 50 percent of either the square footage or the value. Therefore, you come into the new development. MR. JACKSON: That's the intent. CHAIRMAN STRAIN: I think that's the missing items that Susan is saying need to be implemented somewhere in here, and I would recommend that that happen. MS. MURRAY: That problem -- MR. SCHMITT: I would just point out that is the trigger also for the FEMA regulations, so in the building department, it would be, as Brad knows, that would trigger the requirement to bring everything up to code, regardless. CHAIRMAN STRAIN: Bob? MR. MURRAY: So the 50 percent rule is based on what, square footage, dollars? MR. SCHMITT: 50 percent of the assessed value of the building, itself, the appraised value. MR. VIGLIOTTI: 50 percent of the appraisal? MR. SCHMITT: Either /or, but presently it's the appraised value so you can actually certainly have a higher measurement in regards to the 50 percent rule. MR. VIGLIOTTI: 50 percent of cost, construction cost? MR. SCHMITT: The structure itself, not the property it's on, the actual replacement value of this structure. MR. MURRAY: The improvement. MR. SCHMITT: The improvement. It's the improvement versus the replacement value of the entire structure. MR. SCHIFFER: And also, Bob, there are the costs of the new work. There's some things that don't necessarily have to be included. MR. SCHMITT: That's correct. Some work sheet FEMA uses that's fairly similar to the zoning department. MR. SCHIFFER: Susan, let me ask you a question on this. For example, there are some conflicts Page 47 16- 1 2 C � September 21, 2005 in other parts of the code. Which would prevail, the 80 percent of the structure located on the property line? We have architectural standards that require 60 percent of a side broken out. I mean, we have landscape buffer requirements that are in excess of five feet, so would not this prevail in that case? MS. MURRAY: Yes. This is an overlay, so it's going to overlay the existing set of rules. MR. SCHIFFER: Okay. MR. EHARDT: Just for clarification, are we saying that we need some language here on this 50 percent thing, or the existing regulations cover that? MR. MURRAY: The existing regulations cover it. MR. SCHMITT: I think you'd want to reference the existing criteria in the LDC for build back policy. CHAIRMAN STRAIN: The court reporter has to change out at 5 o'clock, which will be time for another break, but anyway, before she leaves, we need to know for her replacement how we're going to move forward. We have several choices. Mr. Vigliotti has to leave at 6:00. We still have a quorum if he leaves. We could continue to whatever time of the night you all feel like it. I'm game, or we could break for lunch -- break for dinner for an hour at 5:00 and come back at 6:00 and start up again, or we can stay working until 6:00 or 7:00. What's the preference? MR. MIDNEY: I've got to leave at quarter to six. CHAIRMAN STRAIN: A quarter to six? Okay. So one, two, three, we'll still have a quorum. (Several people speaking at the same time.) MR. SCHIFFER: I'm here. I'm in the quorum. CHAIRMAN STRAIN: You're here. What about you, Ken? You're kind of the deal breaker here. MR. ABERNATHY: I'm here, but I'm ready to quit for the day around 6:00. CHAIRMAN STRAIN: Okay. Well then, I think the consensus is that at 6:00, we're going to have to quit because that leave four instead of five. If that's the case, we'll break at 5:00 when the court reporter comes in to change, and we'll stay until 6:00 for the new court reporter, we'll break at that time, and at the rate we're going, for those of you that are trying to stay for other matters, I don't think we're going to get through the overlay, through the first overlay, before 6:00 at this speed. Yes? MS. FABACHER: Mr. Chairman, I have a question. There are some people who came to speak on this, and they've been very patient. CHAIRMAN STRAIN: After the break, I was going to ask that they stay long enough to be part of this. In fact- - MR. MURRAY: We can do it now. CHAIRMAN STRAIN: Yeah, we can do it now, if that's okay. Any problem breaking in the middle, Pat? MS. FABACHER: I have the speakers list. For the Bayshore overlay, I have Mr. Thomas Sbrocco. Is he still here? Okay. Mr. Michael Fernandez? MR. ABERNATHY: He left. MS. FABACHER: Then I have for the triangle district, Mr. Michael Carradi. Does anyone else wish to speak? CHAIRMAN STRAIN: Patrick -- Pat, I got one question. If we leave at 6:00 today, we're not going to get into the balance of the amendments. Do we need to provide an opportunity for those people who are speaking on something else besides the overlays, to offer their discussion today? MR. WHITE: I don't know if we have any other speakers. MS. FABACHER: We had one speak -- well, it was Brian. I don't have any other speakers. MR. WHITE: Certainly if there are other matters that members present would like to speak to, I don't believe it would be inappropriate to afford them that opportunity today and just advise them if they do 10 --mm 6120 September 21, 2005 decide to speak, they have to fill out a speaker permission form and turn it in to Catherine, please. CHAIRMAN STRAIN: All of those -- all of you here that may want to talk on any subject that's on today's agenda, we will break and we will end today at 6:00 and continue to another date, but if your only opportunity to speak on that matter is today, feel free to do so, just fill out a speaker slip and turn it in to Catherine, and we'll address you before 6 o'clock. So thank you. MS. FABACHER: Excuse me, Mr. Chair, so that means that county staff can go ahead and leave, that are here for other amendments? CHAIRMAN STRAIN: I don't see us getting through Bayshore before 6:00, at this rate. MS. FABACHER: All right. CHAIRMAN STRAIN: We're on page 36, we've got 52 or 53 to go through, and we've still got Gateway to go through. MS. FABACHER: Thank you, sir. CHAIRMAN STRAIN: We'll never get through it. Let's continue on page 36, talking about the building standards, and it says, locations on Bayshore Drive, first floor elevation with the sidewalk for commercial and mixed use building. How does that interact with FEMA, and maybe staff would have to answer this because I know FEMA has a minimum height, and we're forcing people to be below that height by standard, are we allowed to do that? MR. SCHMITT: Yes. You can have a low FEMA height mandate in a certain area, but all the buildings would have to meet all the flood - proofing requirements, and that would happen through the building code -- would have to meet the flood - proofing requirements, and I'm sure Brad can certainly -- define that more in regards to it, but it has to be a defined area as a -- in our zoning as an area -- just like Fifth Avenue, Fifth Avenue in downtown Naples is a flood zone. Every building down there is flood -proof because it's at street level, rather than the flood elevation. MR. SCHIFFER: David, the elevation of FEMA is about a foot over grade, though, isn't it? Do you have any experience with this? MR. JACKSON: No, I don't have any experience. This input came from the DSAC, the two meetings we had with them. That was the recommendation, and they voted on it and asked us to put this in there. They cited Marco Island and they cited Fifth Avenue South, and they said that it is allowable because they permitted buildings without it, and that as long as it meets the flood - proofing requirements. The objective there was to prevent an undulating sidewalk that looked like a hill- over -dale type of thing where you have an existing series of fronts of buildings that are all at -- you know, below grade from a long time ago, and somebody knocks down a building and builds, now you've got to go up, you either have stairs, you have handicap walks, or the sidewalk has to move up and down. It's to keep it on a level plane type of scenario, so that was their recommendation put in there and we accepted that and put it in here because it was -- you could do it legally. MR. SCHMITT: But the concern I have for you is that I think it's very close to the street, and I don't think, for example, that if it's up a foot or something, that would be a problem to obtain, and it wouldn't give you that up and down sidewalk stuff, and I think the other thing, too, is that you're doing traffic analysis on that street, this street, while some of us picture it as a cute little downtown street, is going to be a major thoroughfare to a lot of development, so there might be even some safety of having patios and stuff like that a little bit high off the street, so this is really locking everybody down low, locking everybody at the sidewalk. CHAIRMAN STRAIN: Joe, did you have -- MR. SCHMITT: Yeah. This still will not meet the requirement to meet the mandate of five -and -a -half feet for elevation of parking or some of the storm water runoff issues, so you still have to meet all the South Florida Water Management District issues. NU-.M 1612 C September 21, 2005 I think by recollection, and I could pull up the map, the FEMA flood map, but I believe we're about eight- and -a -half feet down there for FEMA elevation, and I'd guess this is probably a little bit higher than the issue we'll be dealing with in the triangle. The triangle has low areas that don't even meet the five - and -a -half foot elevation, but just to make sure everybody understands, there are going to be mandated requirements, regardless of what the LDC says. You've got the building code requirements, and you've got your FEMA flood map and your South Florida Water Management District requirements that are going to be the overarching factor to be mandated, to be met, regardless of what the LDC says. MR. MURRAY: That doesn't permit it, that doesn't solve the problem? MR. SCHMITT: That's the option. MR. MURRAY: In this document I read, it's not an option, it's a requirement. MR. SCHIFFER: But my point, David, is that we're very close to it. Couldn't we come up with some design considerations that would allow people to -- while Joe is correct, there are ways to build below the FEMA. I don't think they're encouraged ways, but -- MR. SCHMITT: They're expensive. MR. SCHIFFER: And they're expensive, and, you know, some of them, some question, well, we really haven't put them to the test yet. Damming up openings is not exactly what -- MR. JACKSON: What is your recommendation? MR. SCHIFFER: We look at it when we come back, and I think if it's within -- I think it's going to be within a foot at the highest, that we might allow people to build at FEMA and therefore ramp up, slope up, patio up, to get to that setback, I mean to get to the elevation. In other words, to force somebody to be eight inches below FEMA, I don't think we're doing anybody a favor. MR. JACKSON: You won't get an argument out of me. I'm just asking what is this board's recommendation? This is what was put in as -- (Several people speaking at the same time.) CHAIRMAN STRAIN: There are some other factors we need to consider. Number one is that generally we use the crown of the road as the benchmark for elevation. The sidewalk can be all over the place, up and down, which way. You're going to have buildings running all over the place if this exact language has to be followed, which I think would be pretty difficult. Also, I'm worried about -- Joe, you've been dealing with this issue recently. How will providing a mandatory position of buildings below FEMA affect the overall FEMA rating for the entire county? Because that means everybody's going to end up having to deal with that. MR. SCHMITT: If you have -- again, this is an area where you say you're going to build below the flood elevation. Everything would have to be flood - proofed in order to not impact the community ratings system. In the flood ordinance we're working on right now, you are allowed to build below flood elevations, if in fact the building is certified as being flood - proof, so -- but it's discouraged. Quite honestly, I would discourage it. I would be more in alliance with what Commissioner Schiffer said. Let's look at what's required there and at least to the minimum as defined by south Florida Water Management, which is, I believe, five -and -a -half feet minimum of where you want it be, and then of course you would have your building elevated, which is really not part of the LDC. That's more the building code, but I think what you're asking about is the streetscape itself, what elevation that can be. MR. SCHIFFER: Joe, could you do this? Because your staff can provide it. Could you provide David with the aerials that show elevation? What do you call them, lindar? CHAIRMAN STRAIN: Xxx Ihop. It's all on line, by the way. MR. SCHIFFER: And then let's -- I'll hop down, Dave, and visit you. Let's look and see. Next time we meet, we'll report whether it's an inches issue or a foot issue. Because inches I think we can work around. Page 50 1612 C 7 September 21, 2005 MR. JACKSON: The footnote gives kind of an opt out here. It says, if NFIP standards are not used, the buildings must meet flood - proofing, so you have a little bit of -- well, yeah, there's kind of an option there. The way I read it, the way it's written now, we're asking them to go there, but if they go there, then they have to do the NFIP things, but if they don't do it, then they can go back up to, you know, to FEMA elevation. MR. SCHIFFER: You're saying it has to be sidewalk level, so at sidewalk level and below, you're pushing it a little, but let's see. Let's look at it. It may not be an issue at all. MR. MURRAY: I have a question for you relevant to when we talked about flood levels. Now, we learned from Katrina about storm surge. CHAIRMAN STRAIN: Yes. MR. MURRAY: We're not talking about storm surge when we're talking about flood level, or are we? MR. SCHMITT: We're talking -- FEMA flood maps are based on what they call a hundred year event. MR. MURRAY: Hundred year -- right. So an extraordinary event such as Katrina would just basically wipe everything away, if they were below the line to begin with, so the higher we go, the better off we are? MR. SCHMITT: Absolutely. The higher you go. You at least want -- you have to be above the FEMA flood elevation or you have to flood - proof, or you can't get a building permit. MR. MURRAY: Okay. It seems the decision, then -- I think I understood your decision process was to try and accommodate those who're already established, but maybe the redevelopment should be to a higher level to allow -- if we're going to people -- put people in a flood zone, we want to protect them as best we can and their property. MR. JACKSON: Again, I don't have an argument. This wasn't asked for. To get it passed through the DSAC, we put it in. CHAIRMAN STRAIN: Joe, to get a better rating from FEMA and to get better points, if we required one foot of freeboard -- MR. SCHMITT: Yes. CHAIRMAN STRAIN: Would that give us a better FEMA rating countywide? If we started doing it as a -- MR. SCHMITT: Yes, and that is being proposed at the Board of County Commissioners of one foot above the bas one elevation, what they call one foot of freeboard. That would be in the building department. It would be above and beyond -- it would be part of the building department, building committee issue. We would certainly want to reference it in the LDC, if they want to define it here, but that's a policy decision the Board's going to have to address, and it does add to our overall community rating system, point system, for Collier County. CHAIRMAN STRAIN: After all that's happened, it seems ironic that we're looking to go backwards instead of forwards. It costs less to go up than it does to go down like this is being proposed unless the flood prevention -- MR. SCHMITT: Just as a sidebar, the flood ordinance that is going to be heard by the Board on Tuesday was overwhelming rejected by the DSAC in regards to many of the proposals for improving the overall community rating. CHAIRMAN STRAIN: The CRA? For? MR. SCHMITT: Development Services Advisory Committee. CHAIRMAN STRAIN: And they're made up of? I rest my case, and I think the new court reporter is here, and with this point, I'm going to take a 10- minute break, and we can exchange personnel. Page 51 (Court reporter change at 5:00 p.m.) Page 52 1612 c September 21, 2005 1612 C 7 September 21, 2005 ACTING CHAIRMAN STRAIN: If everybody would come back to their seats, please. Where's Mr. Midney -- Mr. Adelstein, Mr. Abernathy and -- COMMISSIONER MURRAY: Mr. Schiffer's here. ACTING CHAIRMAN STRAIN: Oh, somebody -- there's a group of you that are leaving at 6:00. COMMISSIONER ABERNATHY: All of us. ACTING CHAIRMAN STRAIN: One or two -- okay -- well, somebody -- yeah, but I mean -- somebody had to leave a little bit early. I wanted to give that person the benefit of discussion. COMMISSIONER ABERNATHY: Midney said a quarter of ACTING CHAIRMAN STRAIN: Well, then before a quarter of, I wanted to at least reschedule the next meeting at a convenient time so I know that he can be here. So, since he's not here now, let's just go right into the agenda, continue on with the issues. FEMA. I think your understanding that the way it's written now isn't one that we like, even though DSAC may like it. I hope that you'll come back with something that's -- and I would suggest looking at some freeboard to actually instead of hinder, help our FEMA rating, so -- MR. JACKSON: Mr. Schmitt and I talked offline, and we'll discuss it and come back with something. MR. SCHMITT: Yeah, I'll give -- he and I and Bob Wiley will look at this. Because I want to make sure we're on the same wavelength in regards to the guidance to the rest of the county as well. So I understand. And I think David's agreeable to complying with the requirements as specified. ACTING CHAIRMAN STRAIN: Okay. Under the minimum -- MR. EHARDT: Excuse me, could I just ask a question? What would be not acceptable as far as the height above the existing sidewalk? Because most of the -- on Bayshore they spent a lot of money putting in this new sidewalk and landscaping. But what would be -- I'm just asking. I'm not holding you to it, but, I mean, are we talking about five feet is not acceptable, two feet is acceptable? COMMISSIONER SCHIFFER: What I'd like to do is look at the data and then let's see what it is. I mean, it's going to base on that. ACTING CHAIRMAN STRAIN: See, where some of us are thinking, with all the hurricane activity and the fact that it's going to get worse, not better, whatever buffer you can provide is actually an improvement over what we have, rather than go below what we've already got. COMMISSIONER SCHIFFER: Absolutely. Besides, anything that would diminish the pedestrian aspect of it would be unacceptable, too. ACTING CHAIRMAN STRAIN: Now, the next issue is the minimum floor area that I had. 700 square foot gross floor area for each building on the ground floor? You mean each unit, don't you? MR. EHARDT: What page are we on? I'm sorry. ACTING CHAIRMAN STRAIN: Page 36. Same page. COMMISSIONER SCHIFFER: What's wrong with a bunch of little buildings, Mark? ACTING CHAIRMAN STRAIN: Well, that's fine, if that's what you -- COMMISSIONER SCHIFFER: I was facetious. MR. JACKSON: That's minimum. ACTING CHAIRMAN STRAIN: That's minimum, okay. MR. JACKSON: It says minimum floor area. COMMISSIONER MURRAY: And I'll call to your attention that in -- MR. JACKSON: And that's already in the LDC for a lot of property, you know, they have a minimum size so you don't end up with too many small boxes. ACTING CHAIRMAN STRAIN: That's an awful small building. I just thought it meant unit, and Page 53 1612 C 7 September 21, 2005 I wanted to ask. Building height, you have -- COMMISSIONER MURRAY: I would like to comment. And there's 750 feet is the minimum in the other document. So you need to look at that. MR. JACKSON: Okay. That could be scrivener again. It's could have been my typing. ACTING CHAIRMAN STRAIN: Under your building height, you have 14 feet building height equals one story. Are you talking zoned height or actual height? MR. JACKSON: That's actual height. And that happens to be in the Comp. Plan. ACTING CHAIRMAN STRAIN: That's actual height? MR. JACKSON: Yeah. I mean, for determining the height of the building. You don't have to build to 14 feet, but it gives you -- there's a lot of commercial people would like to have a higher ceiling on the first floor for the mechanicals or for the ambience or whatever the store may be. And that's spelled out here: For the purpose of the overlay, each 14 feet of building height shall be considered one story. ACTING CHAIRMAN STRAIN: Okay. Well, then let's jump to the top of the next page then to follow this question. Top of the next page -- and I'm going to get back to this other page yet -- but it says that the first floor ceiling height at the sidewalk level should be no less than 12 feet and no more than 18 feet. So that means you could have an 18 -foot high first floor but it's actually one - and -a -third stories, or something like that? MR. EHARDT: Yeah, the 14 feet in the Comp. Plan, I believe, was just to determine the overall height of the building, the overall height dimension, if you had so many floors -- to get -- because that's how we arrived at the 42 and 56 for three stories and four stories. But inside you can vary the ceiling heights and so forth. MR. JACKSON: Like a bank would want a very large room anteroom at 18 feet. But to determine the height of the building, okay, that's just from the base floor to the eave, that's -- 14 foot was a measurement tool. What you do inside the building here, we try to give some lines between 12 and 18. COMMISSIONER ADELSTEIN: But your statement here says 42 feet in height but four additional feet for the parapets. MR. EHARDT: Yes. COMMISSIONER ADELSTEIN: So it's not going to be 42 actually, it's going to be 46. MR. EHARDT: Well, the dimension is to the eave of the building, the way we're measuring height. COMMISSIONER ADELSTEIN: But we asked was it actual height or -- MR. EHARDT: Okay, I'm sorry, it's to the eave of the building. This is the actual height of the -- it's to the eave of the building, how we're measuring height. You could have a hip roof would take it up another 10 feet or you could have a parapet four feet high that went around it that would make it -- I'm sorry. Or you could have a parapet, which you get another four feet above there. ACTING CHAIRMAN STRAIN: Let's kind of work on the same page. We have two definitions of height now in the code. One is called zoned height and one is called actual height. I need -- from my understanding of what you're trying to say, is which one are you referencing when you say three stories or 42 feet? Is it the zoned height or the actual height? MR. EHARDT: The zoned height to the eave of the building. If you're talking the absolute top, tip of the building, we're not measuring that. ACTING CHAIRMAN STRAIN: So you don't have a statement for actual height in here, you've just got zoned height? MR. EHARDT: No. We assume if it's a parapet, it's another four feet. If it's a hip roof or some other type of, you know, sloping roof on it, it could be more than that. It just depends on the pitch and so Page 54 1612 C 7 September 21, 2005 forth of designing that. MR. SCHMITT: I think your point -- Mr. Chairman, excuse me for interrupting, but. you're right, you're on the right track, and I think we need to make sure, because we do measure height differently based on -- well, we measure height the same, but it's -- the point of reference is different based on the type of roof line. And I think both need to be the same. ACTING CHAIRMAN STRAIN: I agree. And I want to somehow by next -- by the time this is brought back, figure out where these heights are in relationship to the definitions in the code. MR. JACKSON: Well, we did that with DSAC. We had -- we initially put some height and put some diagrams in there, and all of a sudden everybody got confused, because it was referencing what they have in the LDC, that it went from the first habitable floor to some mid -range between the eave and the peak of the roof, whatever the definition was. The DSAC was adamant: Go from the first habitable floor to the eave. And he said that's something that everybody can measure. They referenced Duwaney, Zeider, Plyaburg (phonetic). They referenced a whole bunch of different things, that it was easy and based. Because the thing that varies out of all these measurements is the roof, what type of roof, you know, a very steep -- I mean, how -- if it was a church, you know, the steeple goes way up there. So, I mean, there's different kinds of shapes of roofs. They said something that is always the same is the eave. COMMISSIONER SCHIFFER: But Dave, you're measuring it from the sidewalk, which is not the same. I would rather go from the habitable floor, especially with the conversation we just had. MR. JACKSON: Well, the sidewalk came about back from the NFIP elevation for commercial buildings again. So we're trying to be consistent in talking about what was what. They wanted us to build down at the sidewalk level. That was the level of the first habitable floor, so we referred to it. Now, if we go back and change the elevation to be with FEMA, whatever, then we'll have to change that definition too. COMMISSIONER SCHIFFER: Dave, would you have a problem eliminating the stories concept and just go with feet? In other words, is the 14 foot in there to prevent somebody from having a larger than 14 -foot story? MR. EHARDT: I don't know, because that's -- 14 foot's in the Comp. Plan, and that's when they talk about stories, with the 14 feet, that's how they -- COMMISSIONER SCHIFFER: My suggestion is, why don't we eliminate the story concept at all and just stay with the -- MR. EHARDT: Well, you may have to change the Comp. Plan, I don't know. The measurement you may have to -- you have to live with that. ACTING CHAIRMAN STRAIN: Let David Weeks possibly comment on that. David? MR. WEEKS: I think we need to keep that reference to the 14 feet to ensure consistency with the Comprehensive Plan. As they've already stated, it specifically states that one story will equal 14 feet. COMMISSIONER SCHIFFER: And David, is that to prevent taller than 14 -foot stories, or just give you a rule of thumb on a height what a story is? MR. WEEKS: My recollection is, is that it was to account for the varying heights. Reference was made earlier to a bank. We recognize that some buildings want to have a taller story than others. That 10 -foot rule of thumb doesn't work for all types of development. So the 14 feet was to allow for that variation. COMMISSIONER SCHIFFER: Well, but this regulation requires greater than 14 feet as a minimum. In other words, to have a 14 -foot finished ceiling in your first floor, I've got to put a couple feet of structure above that. So I'm -- Page 55 1612 C 7 September 21, 2005 MR. JACKSON: Mr. Schiffer, we use 12 feet as a minimum and 18 as a maximum. And that's interior. Fourteen feet was nothing more than a ruler to figure how tall the building was, so that buildings had somewhat of a uniform height. The only thing that would vary would be the roof line, how the builder decided to put -- where he put a mansard, where he put a parapet, where he put a hip. COMMISSIONER SCHIFFER: I like the way you're measuring to the eave. I mean, that gives people a lot of design freedom on the roof. MR. JACKSON: Well, what it does, it keeps the front face of all the buildings, the maximum buildings in the same type of height so you don't end -- you end up kind of being kind of homogenous. But there's a lot of people that aren't going to build four stories, because they don't have enough area, they can't handle the parking, they can't do the landscaping. MR. EHARDT: As David mentioned before, we originally had it the way you see here. Then there was some staff comments that they didn't want to change the way they measured heights of buildings, and we changed it. Then it went to the DSAC and they asked us to change it back, and that's what we brought here. So we've been around a couple of times, I guess is what I'm saying. COMMISSIONER SCHIFFER: One other question, David. Could you add to the definitions, or at least the abbreviations, NFIP? I'm not sure everybody will know that. Anybody who's reading it should, but -- MR. JACKSON: Yes, we can. MS. FABACHER: If I just may input a comment, because I was involved in the staff comments to Mr. Jackson initially. Under the LDC, we measure the zoned height of the building, the vertical distance from the finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the decline of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. The problem that we said was staff has to review, and now all of a sudden we're measuring different in different districts. Inspection personnel. That was our comment on that, that it just made it very difficult when we all of a sudden are measuring things a different way in different areas -- MR. JACKSON: Well, you gave -- just as an example, you gave three -- yes, ma'am. You gave three definitions, three ways to measure the height of a building. In your own code you have three different ways. We're giving one way. MS. FABACHER: No, I'm sorry, that's for three different roof styles. MR. JACKSON: Correct. We don't care about the roof. We give one way to measure the height of the building. Roof style has nothing to do with it. MS. FABACHER: My comment just was that it would be a lot harder to review if we keep changing the way we measure. ACTING CHAIRMAN STRAIN: We're not there yet. We're not signing off on this yet. And I have a question of David Weeks, if he could, maybe between his comment and solution, we can -- David, it says 14 feet of building height equals one story, from what I understand in the Comp. Plan. Is that what you're saying? MR. WEEKS: That is correct. ACTING CHAIRMAN STRAIN: How does the Comp. Plan figure where that 14 feet is measured from? MR. WEEKS: It's silent. ACTING CHAIRMAN STRAIN: It's silent. So that means the LDC, it follows the LDC. MR. WEEKS: Correct. You have the latitude to measure it any way you choose. ACTING CHAIRMAN STRAIN: Which means 14 feet, depending on how you measure it, could Page 56 1612 C � September 21, 2005 be a lot more than 14 feet. MR. WEEKS: That's possible. ACTING CHAIRMAN STRAIN: Does it say whether it's zoned or actual? It doesn't get into that either? MR. WEEKS: No reference. In fact, it predated all of that. ACTING CHAIRMAN STRAIN: I don't -- and thank you, David. I'm not -- don't understand the reasoning of what other people would have said to you, but I know that since I've been on this panel we've struggled with height. And we've resolved it by having height defined both in zoned height and actual height. And if you would simply be able to supply us with those two numbers for these categories, I think all the problems in that regard would go away. Because everybody knows what that is, it's well defined and we've worked with it for some time now. COMMISSIONER SCHIFFER: But Mark, one thing, let me chime in. That's really -- and you know, kind of like the new urbanists, people are really worrying about the facades of the building and, therefore, measurements to roofs is kind of getting to be pass6. So I think what they really want to do is lock in the height of the street facade, not inhibit the design of the roof. Or in some cases actually encourage flat roofs. ACTING CHAIRMAN STRAIN: But their own language here, they're locking it in in relationship to the roof, Brad. COMMISSIONER SCHIFFER: They're locking it into the eave, which is that part of the roof that touches the building facade. ACTING CHAIRMAN STRAIN: Or top of a flat built -up roof. COMMISSIONER SCHIFFER: If it's a flat roof, then it's actually the top of the flat roof. In case there is -- a flat roof doesn't have an eave. MR. EHARDT: Just a clarification. The height is to the eave, or the top of a flat roof. And then the parapet can be four feet beyond that. So you could have 56 feet plus four feet if you had a parapet. ACTING CHAIRMAN STRAIN: All right. So you're saying you can have 60 feet actual height, but 56 feet zoned height. MR. EHARDT: If you have a parapet of four feet high. ACTING CHAIRMAN STRAIN: That's fine. MR. EHARDT: Now, if it's a hip roof or a gable or some other type of roof, I can't tell you what it is because I didn't design it -- ACTING CHAIRMAN STRAIN: But if you had a 56 -foot high building zoned, would you need 70 -- you want 75 feet for the various articulation that would be on top? I'm just saying let's get to numbers -- MR. EHARDT: I could think about that. I don't want to answer tonight. I guess I could think, you know. COMMISSIONER SCHIFFER: But I don't think that's fair, because what they're designing is different than our suburban Land Development Code is designed. They're designing the downtown urban street. And what they want to do is they want to lock in the facade height. And that's done by measuring from the eave. The roof is an irrelevant factor at the -- of the height of that -- ACTING CHAIRMAN STRAIN: But then they build it into their definition, Brad. Now we can use the same definition. COMMISSIONER SCHIFFER: I don't see how you would. As a designer, I mean, what would you do, you would try to squeeze more building by flattening the roof down? MR. JACKSON: The intent for us is not to have a semi -- you know, to define every article of a building. You know, there's got to be some kind of designing creativity in the part of it. And the only thing Page 57 1612 C 7 September 21, 2005 that we're trying to control is the face of the building and above the roof -- the roof line above. That's where your architectural features can come in. And so what if one building has maybe got a 10 -foot hip roof and another one's got a 15 -foot hip roof? That will provide an interesting skyline and give a chance for architectural features. What if they want to do the old Florida look, which is what you were trying to recommend as a guideline, and they want to put a cupola on there? Okay, the cupola may be 15, 20 feet tall, because it's a feature that has to do with the old style. We'd end up writing pages and pages and pages of code on just trying to tell them how to write a roof. We're just concerned about the face. Let the roof ride. ACTING CHAIRMAN STRAIN: I'm not objecting to anything you just said. But tell us, if you want a 70 -foot cupola on a 30 -foot building, tell us you want an actual height of 100 feet. Just tell us. And then it's in the code and everybody knows what to expect. MR. JACKSON: You want a not -to- exceed height. ACTING CHAIRMAN STRAIN: That's exactly what I'm saying. What is your maximum actual height and what is your maximum zoned height. That's all we're looking to find out. And whatever way you fit that in is strictly up to the way you guys design it. But I think that would be consistent then with what we have as the code. COMMISSIONER MURRAY: Mr. Jackson, I'd like to interrupt for a second here, if I may, please. MR. JACKSON: Yes, sir. COMMISSIONER MURRAY: You've stipulated -- you said you recommended, but in this document you've stipulated in cracker style. MR. JACKSON: It's recommended as a guideline. It -- COMMISSIONER MURRAY: I read it as a word that was very clear that that was cracker style. But okay. MR. JACKSON: Well, whatever the term is, there's -- we don't -- COMMISSIONER MURRAY: Either old Florida or cracker style. But it was a stipulate that I understood it as, not as a recommendation. It was a lot stronger than that. My point would have been then, if it is true that what I've just said is true, that you should be able -- I mean, how much variation is there when you're dealing with that? We're not talking about mansard roofs, we're not talking about that. So I wonder if we're not chasing a chicken. ACTING CHAIRMAN STRAIN: Or a rooster. Guys, we have a court reporter trying to record eight of us talking here. MR. EHARDT: Mr. Chairman, may I ask for clarification? You're considering -- and what we have here, the zoned height be to the eave and then the actual height is whatever we come up with beyond that. Is that what you're saying? ACTING CHAIRMAN STRAIN: I can't remember how it's termed in the code. It'll tell you. But you'll see different for different types of roofs. All I'm saying is give us a number that -- maximum for your zoned height pursuant to the code and maximum for your actual height pursuant to the code so that we can reasonably put something in the new document that everybody can read and understand what their limitations are. COMMISSIONER SCHIFFER: Mark, let me object to that, because that's not what they're trying to do here. In other words, the way we do height in the code is good. But it's a suburban code. What they're building is an urban downtown street. And they don't want -- for example, our actual height is dependent on different roof shapes. They don't want that. They want the height of that wall locked in. They don't want me to be lowering my eave height as I put a larger sloped roof on it, because I'm measuring to the midspan of that slope. You know, what they want is to lock in the cornice height or the eave height of all these facades. And that's -- Page 58 1612 C 7 September 21, 2005 ACTING CHAIRMAN STRAIN: He just said that they want to be able to have roofs with different pitches and different heights. Now, how could they lock it in to one? Just the opposite of what you just said. COMMISSIONER SCHIFFER: I'm not saying roof, I'm saying facade. That's the difference. I think what they're designing is not the roof, which our code does. What they're designing is the facade of the wall of the street, which an urban code does. Remember, this is an urban area, this is not a suburban area like our Land Development Code. ACTING CHAIRMAN STRAIN: Well, Brad, I know we have a code that's worked everywhere else, and I think it can work here. These guys have gotten some input from us today. I suggest you come back with something, because I personally will not accept it like this. I'm only one vote of nine. So you can take that for what it's worth. MR. EHARDT: I'd just like to clarify so I understand the question. If we had what was measured here, this 42 and 56 to the eave, and we said that the overall height of a three -story building can't be any more than 75 feet or something like that, is that acceptable? ACTING CHAIRMAN STRAIN: You'd be working in the right direction. I just want to make sure -- MR. EHARDT: Or do you want us -- excuse me. Do you want us to go back to the way the county measures heights of roofs? COMMISSIONER MURRAY: I think that would be the answer. MR. JACKSON: That's all I want to know. ACTING CHAIRMAN STRAIN: I want the definition on which you put the number to be for the zoned height definition in the county. You need to see if that's going to fit with what you have to do. I can't tell you offhand. COMMISSIONER MURRAY: If the Land Development Code that you reference, it gives you a calculation, then that should give you a max. That's where you get back to us. ACTING CHAIRMAN STRAIN: Gentlemen, Mr. Midney has got to leave in 15 minutes. I want to take this opportunity while he's still here to schedule the next meeting, in which we will continue this meeting to the next meeting. So, Catherine? MS. FABACHER: Okay, Mr. Chair. I looked at from 5:00 to 8:00, when we usually meet, not 2:00. But anyhow, I have Monday, September 26th, Tuesday, September 27th, Wednesday the 28th, Thursday, the 29th -- COMMISSIONER ABERNATHY: Wait a minute, wait a minute. MS. FABACHER: I'm sorry. ACTING CHAIRMAN STRAIN: First of all, you said 5:00 to 8:00. We've been trying to meet during the daytimes to get a jump on this. And I think that's -- we're going to have double this amount of time needed to finish this cycle. So why don't we look at a daytime. MS. FABACHER: Okay. I will verify. But I do have availability at one building or another. COMMISSIONER ABERNATHY: What dates again? COMMISSIONER MURRAY: Twenty -six, 27, 28, 29. MS. FABACHER: And then October 4th -- MR. SCHMITT: Twenty - seventh is the Board of County Commissioners meeting. MR. JACKSON: Mr. Chairman, as a recommendation, because we have so much here, why don't we just set a date and time certain and the only thing to be discussed would be the Bayshore and Gateway. And so all the people that come and hang around, they don't get just turned away, they know that they have a time certain on another day. Page 59 16[2- C . September 21, 2005 ACTING CHAIRMAN STRAIN: This is a continuation. Patrick, can that be done with a continuation? MR. WHITE: I think you're free to set the scope of your agenda. It is the idea of where and when precisely you're going to have that meeting that matters most. ACTING CHAIRMAN STRAIN: Would we have to precisely know where and when the balance of the issues would be discussed, since it's this -- MR. WHITE: Not necessarily so, so long as you had an adequate period of time between that next meeting and the one that would follow, which I would consider to be at least a minimum of seven days. ACTING CHAIRMAN STRAIN: So this meeting from tonight to the next one has to be a minimum of seven days as well? MR. WHITE: I'm suggesting that if you can do so, that's fine. But it is not mandatory at this point in time. What I'm talking about is jumping the next time. COMMISSIONER ABERNATHY: If they're going to reconsider all this, they need seven days, don't they? MS. FABACHER: Patrick, would they have to announce a location at this meeting -- MR. WHITE: Yes. MS. FABACHER: -- because I think that's going to be problematic if they want to meet during the day, because we didn't have verification during the day. I can assure you we will have a place to meet. I can't assure you that it will be here. MR. WHITE: The continuation from today's meeting to the next must be date, time, place certain. If you want to limit the scope, which was your question, of that meeting and advise the potential public that want to attend, as well as the staff, that is appropriate to do so. ACTING CHAIRMAN STRAIN: Okay. Next week is now up for grabs. COMMISSIONER MURRAY: I'm good on the 29th and the 4th only. ACTING CHAIRMAN STRAIN: That's Thursday. COMMISSIONER VIGLIOTTI: Thursdays are no good for me. I can do Mondays or Tuesdays. ACTING CHAIRMAN STRAIN: Tuesday is the BCC, which means staff would be difficult possibly for them to be there. COMMISSIONER MURRAY: Could we please use the numbers? MS. FABACHER: Well, the 27th is gone. The -- I don't indicate that the 29th is BCC. ACTING CHAIRMAN STRAIN: Twenty -ninth is a Wednesday -- Thursday, I'm sorry. MS. FABACHER: I'm sorry. Yeah, 29th is a Thursday. ACTING CHAIRMAN STRAIN: You're not good on Thursday? COMMISSIONER VIGLIOTTI: That won't work. Thursdays are no good for me. ACTING CHAIRMAN STRAIN: The 28th? COMMISSIONER ADELSTEIN: The 28th would be a week from today. ACTING CHAIRMAN STRAIN: You were here today. Can you be here next week? COMMISSIONER VIGLIOTTI: During the day? At night. Thursday nights. During the day I'm fine. ACTING CHAIRMAN STRAIN: We're talking daytime. MR. WHITE: Daytime; 2:00 to 6:00? COMMISSIONER VIGLIOTTI: I'm good 2:00 to 6:00. ACTING CHAIRMAN STRAIN: Any day? Okay. So that leaves Wednesday or Thursday then. COMMISSIONER SCHIFFER: Why don't we take both. We may need them both. ACTING CHAIRMAN STRAIN: The staffs not going to be available. COMMISSIONER SCHIFFER: Why don't we take both days. I mean, we're not going to get it Page 60 1612 C 7 September 21, 2005 done in the next one day. ACTING CHAIRMAN STRAIN: Oh, I know we're not. COMMISSIONER SCHIFFER: So why don't we just pile them -- I mean, we should really have run the rest of this week out just to get it done. ACTING CHAIRMAN STRAIN: I have no problem with any of it, you guys. If you want to do next Wednesday and Thursday. MR. WHITE: If you wanted to do both that Wednesday and Thursday and you made that announcement for both of them today, that would be sufficient. COMMISSIONER SCHIFFER: I think we could do that. Let's just get it done. ACTING CHAIRMAN STRAIN: Wednesday and Thursday next week, starting at 2:00. COMMISSIONER ADELSTEIN: Next week, Thursday, we have a meeting. COMMISSIONER MURRAY: I can't make it -- I cannot make the 28th. ACTING CHAIRMAN STRAIN: We have a meeting? MS. FABACHER: No, you don't have anything. COMMISSIONER ADELSTEIN: Next Tuesday isn't the -- ACTING CHAIRMAN STRAIN: No, it's still September. COMMISSIONER ADELSTEIN: Oh, right, they took an extra week. ACTING CHAIRMAN STRAIN: There's five paychecks in this week -- this month. This is one of those big months. This is one you can go out and buy something extra. COMMISSIONER ADELSTEIN: That's okay with me. COMMISSIONER SCHIFFER: Twenty - eighth and 29th. COMMISSIONER MURRAY: Twenty -nine and the 4th is my availability. MS. FABACHER: I recommend the 29th, if at all possible. ACTING CHAIRMAN STRAIN: But we're going to need at least two meetings probably to finish up Bayshore, and one more to finish up the rest of the cycle. Because we still have Golden Gate to go through yet. MR. SCHMITT: And other amendments. COMMISSIONER MURRAY: It would be useful if we could be consistent, though, and be here all of us as -- ACTING CHAIRMAN STRAIN: I'm not saying we shouldn't. But I'm just -- COMMISSIONER ADELSTEIN: Next Thursday then is a good day. Why don't we start that at 2:00. ACTING CHAIRMAN STRAIN: Everybody can make it Thursday? COMMISSIONER ADELSTEIN: At 2:00. COMMISSIONER MURRAY: That's the 29th, right? Yes, can I do that. COMMISSIONER VIGLIOTTI: 2:00 to 6:00 I can do. MS. FABACHER: So may I suggest that we meet 609 and 610, since I only checked from 5:00 to 8:00. But I know we can probably clear the 609 and 610 conference rooms at the community development building. COMMISSIONER SCHIFFER: I'm not a fan of meeting over there. I don't -- it just buries us. COMMISSIONER ADELSTEIN: It's a wretched place to meet. COMMISSIONER SCHIFFER: We can't hear what's going on and it buries us from the public. ACTING CHAIRMAN STRAIN: Okay. Well, can -- Patrick, can we suggest that we're going to meet here again next Thursday at 2:00, unless it's not available. Then we'll meet at CDS? MR. WHITE: You can certainly suggest that, but my distinct preference would be that you make it specific. We have, on occasion, when we've found out, for example, on the day of a meeting that a particular room was otherwise needed for an emergency purpose, gone ahead and posted a guard, if you Page 61 1612 C 7 September 21, 2005 will, at the door and sent people to where the new location was, as well as sending out faxes, a -mails and every other way we could to provide reasonable notice. But I think there's really no way to know for certain, but the room can be split, just as it was today. So I think that you've got a very strong probability that it will be appropriate here to start. ACTING CHAIRMAN STRAIN: Okay, well, let's set it up that way. Next Thursday, 2:00, this meeting room is where this meeting will be continued to when we finish today at 6:00. Okay? COMMISSIONER SCHIFFER: And why aren't we doing Wednesday and Thursday? COMMISSIONER ABERNATHY: That's what I was going to ask. COMMISSIONER SCHIFFER: We've got a lot of work to do, and the only way you get work done is meet and work. MS. FABACHER: Your staff availability is going to be limited on real short notice. COMMISSIONER CARON: What about 5:30 on Friday? MS. FA 3ACHER: That's a possibility, sure. COMMISSIONER MURRAY: Which day, the 30th? I could make it. ACTING CHAIRMAN STRAIN: Well, if it's Friday, we could make our mind up on Thursday of next week, because we'll know by then. So why don't we just plan on Thursday. MS. FABACHER: Maybe take it one -- I'm sorry -- one day at a time. ACTING CHAIRMAN STRAIN: It's set up for next Thursday, 2:00, this room. And if that needs to have another meeting, which we probably will, on that day we'll decide where and when the next one will be. And it might be the Friday after -- MR. WHITE: There's nothing that theoretically says you can't, but it is just not a healthy practice. We did it when we got under the extreme circumstances. We were doing the Vanderbilt overlay a year ago in January, and -- if for example we find out during the week that it's possible. I don't know what the concern is about staff availability, but there's nothing wrong with going ahead and saying, for example, that you're going to do Wednesday or Thursday or Thursday and Friday. And it's far preferable to cancel one of those and announce on either of the days that you may actually meet when the next continued day would be. If you're following my suggesting. COMMISSIONER MURRAY: I would be in favor of what Mr. White is suggesting and we pattern in the two days. COMMISSIONER SCHIFFER: Mark, let me ask a question. Why are we starting at 2:00? Why don't we start in the morning and all day Thursday? ACTING CHAIRMAN STRAIN: Well, 2:00 is what we started for today, and -- if you all want to meet for the whole day, it's up to this panel. I certainly have no problem with it. Why don't we just leave it at -- you know, if this doesn't get passed next week and the week after, the week after, I'm not sure it makes that much of a difference, as long as it's done right. COMMISSIONER ADELSTEIN: As long as we have plenty of time to finish it. ACTING CHAIRMAN STRAIN: Why don't we just leave it at 2:00. COMMISSIONER SCHIFFER: All right. Then let's go back to work. COMMISSIONER ADELSTEIN: Let's get out of this. MR. SCHMITT: I'm looking at the board's schedule. After all that discussion, I finally got the schedule. It appears that this room will be tied up the entire day on the 29th, 8:00 to 1:00, for new employee orientation. Then I believe IT is doing some electronics work for the rest of the afternoon. It appears that Friday is open all day on the 30th. ACTING CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: Let's go to Friday. Page 62 1612 C 7 September 21, 2005 COMMISSIONER ADELSTEIN: 2:00 on Friday. COMMISSIONER VIGLIOTTI: 2:00 Friday. COMMISSIONER SCHIFFER: How about 9:00 Friday? COMMISSIONER ADELSTEIN: No, I can't. You can do it, I can't. ACTING CHAIRMAN STRAIN: Either 2:00 or maybe bring it up to 1:00, right after lunch. COMMISSIONER MURRAY: 1:00 is okay for me, too. COMMISSIONER VIGLIOTTI: 1:00's okay for me. ACTING CHAIRMAN STRAIN: That gives us an extra hour to fill a little more in. We may actually get through this one next Friday then. COMMISSIONER SCHIFFER: I'm up for the most time. ACTING CHAIRMAN STRAIN: Okay. Well, let's put it at 1:00 next Friday at this room. COMMISSIONER ADELSTEIN: I'll be there as close to 1:00 as I can. ACTING CHAIRMAN STRAIN: Patrick, we all set then? Is that -- MR. WHITE: If you just -- before we break today, we'll specifically announce the date and time again. ACTING CHAIRMAN STRAIN: I wasn't planning to do that. Yes, sir. MS. FABACHER: May I ask if -- you're not expecting revisions at that meeting? ACTING CHAIRMAN STRAIN: No, ma'am. We still got to get through the first round. MS. FABACHER: That's what I thought, but I wanted to make sure. ACTING CHAIRMAN STRAIN: We haven't even -- let's go back to page -- I can get to 37, if the rest of you can. COMMISSIONER MURRAY: I think so. MR. JACKSON: We left off on 37. COMMISSIONER SCHIFFER: And Mark, let me just go back to the height. I know you directed them, and I know you strongly want to word this back into the old wording, but I do -- there is a validity, there is, you know, design movements that do discuss eave heights not roof heights. So can their mandate be to come up with a comparative system? Because I don't want them to go away and throw away what some of us, I personally feel, is the appropriate or at least the modern way of doing the new urbanism design. ACTING CHAIRMAN STRAIN: I wasn't suggesting that they dismiss your comments. I just suggest to them that they listen to all the concerns that they've heard on this issue and try to come back with something they feel will resolve it, whatever that is. I can tell you right now, I strongly believe in the code and the language in the code. And until it changes I'm reluctant to see something else change in regards to it. So we've got to keep it simple, if we can. And that's my issue, Brad. But let's see what happens. On to Page 37. Parking standards. Number three: Outdoor cafe seating shall be exempt from parking calculations. Is that -- if they have an outdoor cafe and their kitchen and back rooms, back rooms, say they have some take -out counters, kind of like Larry's Lunch Box. They have outdoor and indoor. Their indoor has to be calculated under standard parking. Is that -- that's what you're assuming? MR. JACKSON: That's correct. Yes. Inside the building is calculated. Outside is a bonus. ACTING CHAIRMAN STRAIN: So the whole facility isn't exempted, just the outside. MR. JACKSON: Yes, sir. ACTING CHAIRMAN STRAIN: The -- on No. 6, the last sentence, the property owner must agree to maintain that portion of the public right -of -way where the parking is located. I'm just wondering, how does that happen? Do we have an agreement with the property owner? It's Page 63 16 1 2"wa"C September 21, 2005 in the public right -of -way, isn't it, or would it be? MR. JACKSON: I don't know. But there's a lot of residential areas that they have to take care of the swales in front of their yards that is county right -of -way. So I don't know how that's done, but people do it. ACTING CHAIRMAN STRAIN: I don't know. They do it because they're obligated more than they probably don't like the way the county takes care of it. MR. JACKSON: When I went house shopping, the owner told me, he says, in disclosure, you have to maintain it. ACTING CHAIRMAN STRAIN: Or it just doesn't get maintained, it looks bad. MR. JACKSON: No, you have to maintain it. So somewhere there's something. But anyway it's part of the thing, you know, pride in your community. And we found that pretty much in the area where you get things like this going, people come sweep up, clean up, and they take care of their property. And they help out. Especially if they've got parking out there and they know it's yours, because, you know, it's one of those things, now you can take it away from them because it's in the right -of -way. ACTING CHAIRMAN STRAIN: Susan or Joe, is there a provision that if someone was not taking care of this particular area, that they would have some avenue for the county to enforce them to take care of it? I'm reading Item 6, E -6 on Page 37, the last sentence, on- street parking on local streets, they're making the resident or the person in front of -- using that parking take care of that area. I'm just wondering how that gets enforced. MR. SCHMITT: There's no way. I mean, you can ask it from the community perspective. But it's public right -of -way, they can say, hey, that's the county's business or that's -- MS. FABACHER: I'm not sure the county would even want the public taking care of their right -of -way. ACTING CHAIRMAN STRAIN: Well, the liability for someone out there pushing a broom getting run over by a car might be kind of dangerous. So I'm wondering, even though this is the old code, I know you're not responsible for it, Mr. Jackson, maybe we ought to drop that last sentence. COMMISSIONER ADELSTEIN: You almost have to, because you doesn't know who's parking in that particular spot. It may not be the owner in front of, it may be somebody that -- three doors down. ACTING CHAIRMAN STRAIN: So, anyway, that last sentence then -- COMMISSIONER ABERNATHY: What about the first sentence? It requires an agreement with the county. COMMISSIONER SCHIFFER: You know who's responsible for it. COMMISSIONER ADELSTEIN: You are. COMMISSIONER SCHIFFER: The person who's using it as parking. ACTING CHAIRMAN STRAIN: You're right. The first sentence and the last sentence should be struck. No. 7, I know this is accessory parking zone. Is that defined in the code, Susan? I know Mr. Jackson didn't write that, so it must be a -- it's capitalized, that's what made me wonder. MS. MURRAY: The accessory parking zone. I haven't -- MR. JACKSON: What page and paragraph? ACTING CHAIRMAN STRAIN: Page 37, paragraph 7, third line down. It's old language. Might as well clean up everything while we're working on it. MS. MURRAY: I've not come across that at all. ACTING CHAIRMAN STRAIN: I haven't either. Well, if it's capitalized, it should be defined 1612 C T September 21, 2005 somewhere. MR. EHARDT: It's the -- the commercial property along Bayshore owns residential property adjacent or behind it. He owns that parcel. He can't use that parcel for commercial, but he can use it for parking next to the residential. That's the intent. ACTING CHAIRMAN STRAIN: So parking is a permitted use in a residential zoned area? MR. EHARDT: In that case. If the -- the person on Bayshore owns the parcel behind. That was in the original overlay. MR. JACKSON: Correct. And there's an existing application that is the Gulf Shores Marina. They purchased two residential lots on either side. One is Lakeview, one is Riverview. They purchased them and turned them into parking lots so they could handle the parking that they required for their building. And they are residential lots and they'll always be zoned residential, but he's using them for that use. And that was written in the original overlay. And it was a way to find parking for challenged properties that were built a long time ago when they didn't have the parking to meet the requirements for what they have now or what the code requires. ACTING CHAIRMAN STRAIN: Well, since this is old language maybe staff could kind of verify that this is -- whenever the rewrite comes back, which may be some time, who knows when. MR. SCHMITT: Interesting to know it does show accessory parking zone in the little diagram. ACTING CHAIRMAN STRAIN: I highlighted that, too. I can't figure out what designates it as an accessory parking zone. You're just using the bathrooms, that's the only way you can park, or -- MS. MURRAY: And the code has processes for allowing what is described, so I'm not sure if this is something to be different than existing process, or -- I guess it's just not clear enough. ACTING CHAIRMAN STRAIN: I think we ought to -- COMMISSIONER MURRAY: And there's another question, too. Is that parking -- do they charge for that parking? MR. JACKSON: No, I mean -- like you said, on Bayshore, there's only one application, and it was either for employee parking, customer parking, or storage of boats and other things that were parked in that area. That's how the only application that I know that's existing now. But there are several other property owners that have restaurants that are parking challenged because they're such a good restaurant that they have overflow and they don't want people parking on the swales of the residential parry behind them. They're trying to acquire the residential properties behind them and turn them into parking lots so that they can service their clients. MR. EHARDT: Without rezoning the property to commercial use, which would -- you know, you could build a building back there. We don't want that. The building we would want to stay up in front and just allow parking in the rear. MS. MURRAY: Right, there's a provision in the code that will allow that now. I think, you know, the staff probably hasn't done much of the significant commercial down there, so we haven't opportunity to use this provision. But I think maybe what we'll do is look at it and just provide a recommendation to you consistent with the existing code so that everybody can be on the same page. ACTING CHAIRMAN STRAIN: For the court reporter, the previous lady got to know who these two gentlemen were. I just remembered. Could you state your name for the record, please. MR. EHARDT: Joseph Ehardt, E- H- A- R -D -T. ACTING CHAIRMAN STRAIN: We got into that last time. I'm done on Page 37. Is there any other questions on the panel of this gentleman? Maybe we can get through page 38 yet tonight. Page 65 1612 ;, T September 21, 2005 denial. Item 8 on page 38, again brings the SRA local advisory board into recommendations of approval or Again, I'm falling back on what the documentation that implemented that group relies upon, which is review and comment. And the same would apply to No. 9. No. 9 though brings up a different issue. The director can administratively approve reduced parking requirements to a maximum of 25 percent. First of all, there's no criteria listed for that administrative review or approval. And that kind of a parking issue, Joe or Susan, is that typically allowed for the director or is that something that goes through a procedure? MS. MURRAY: Yeah. Right now in the Land Development Code we have an administrative process where you can reduce parking, and under very unique circumstances. And I won't elaborate on that. But it is administrative. It is approved by the director. Normally we don't appeal things to the administrator. I mean, the director is given the authority in the LDC to interpret the code. So appeals are normally brought before the BZA. ACTING CHAIRMAN STRAIN: And I would agree that's how it's been happening. But it says site conditions that do not allow for required parking to be physically feasible. I mean, anybody can come up with that. So I would think that in order for this to even be considered administratively, they would have to have some criteria to apply to the administrative request. And then of course, if it's got to be appealed, it should go through the process that the rest of the county has to go through. MS. MURRAY: And they would have to prove to us based on that criteria they couldn't apply. Just saying that the site doesn't allow, not being a professional engineer, we would -- I mean, anybody could come in with an engineer plan to me and say look, this doesn't fit. That's one of the reasons we have to have the criteria, but also to treat everybody fairly. ACTING CHAIRMAN STRAIN: You have a 20,000 - square foot building and you run out of parking, you could make the building 10,000 square feet and you will have plenty of parking. MS. MURRAY: That's a possibility. COMMISSIONER CARON: I guarantee you've got to have criteria on this one. ACTING CHAIRMAN STRAIN: Sir, you were going to say something? MR. EHARDT: Would it be feasible that the applicant would have to submit some type of a site plan to demonstrate how much parking he has on that parcel? I mean, anybody can look at a site plan and see that he can't get any more parking on there, if he doesn't reduce his building. Now I understand if he reduced the building obviously he can get more parking. But if he didn't do that, if he had the existing structure and was going to do that -- ACTING CHAIRMAN STRAIN: I would suggest that you find out what criteria is currently used to obtain administrative approval and incorporate that same language into this, and we'd be off in a, probably a good start. MR. SCHMITT: Or just reference the section in the code. MS. MURRAY: The section in the code. MR. JACKSON: The intent, and although it is not specifically stated in here, that this provision was to be for an existing, nonconforming site that has a building already on it. That is -- now, it doesn't have the square footage, it was built in the Fifties, Sixties, Seventies, 41 or Airport Road did a taking, and they do not have enough space. You physically cannot put that code requirement on that land. And that was the intent for this, was instead of taking and delaying the development process -- and you can physically see it, he can see it, his engineers can see it, that they can't put it on there, let him administratively do it instead of taking it through the hoopla up and down the chain, costing money, every time you show up you've got a check in your hand. It's one of those logical no- brainers. Page 66 1612 C 7 September 21, 2005 Now, I agree with you that if you're developing a clean site, there's not a building on it, and he wants to put 20,000 square feet on it and can't put the land, well, yes, then he reduces the building. We're talking about pre- existing buildings. This is a redevelopment area, and we've got 20 or 30 of those cases right now, of which I have three buildings I know that have tried to develop it and they couldn't because they could not meet some part of the code. So for the next six years it sits fallow. A couple of gas stations and whatever. I've got a couple mini -marts that have happened in that case. So that was the intent there. Maybe if we put some language in there that it had to do with preexisting sites that couldn't do it? COMMISSIONER CARON: I was going to say, you need to clarify that language and then maybe you've got something, but right now -- ACTING CHAIRMAN STRAIN: That's what we're trying to say. On that same page, if you go down to 3 -A. The wall shall be constructed of the same or complimentary materials as the primary buildings. How does the word complimentary come into play? Joe? (Commissioner Midney has left the meeting.) MR. SCHMITT: Mr. Chairman, I do apologize, but I need to go back to nine, because Pm -- I think what I heard Mr. Jackson state, I just want to make sure we understand where we're going with this because we have an administrative process, but beyond that, it is a policy decision that the board withholds themselves as the BZA. ACTING CHAIRMAN STRAIN: Right, we're not objecting to that. MR. SCHMITT: I think what Dave is looking for is some kind of administrative process that without the criteria and above and beyond what currently exists in the code. He was talking about redevelopment sites that have a building on there that right now can't meet the parking requirement, so therefore, he ought to have some capability to allow for an administrative variance. And we only have one process, or two processes. One, it meets administrative criteria; two, you come in and apply to the board for a variance. ACTING CHAIRMAN STRAIN: But if the conditions under which the special criteria applies to the building that he's referenced or whatever number building aren't ones that you can accept administratively, then he goes through the variance process. MR. SCHMITT: I just wanted to make sure he heard your guidance on that because I think he was ACTING CHAIRMAN STRAIN: That's how I was intending it. MR. SCHMITT: Okay. Because I believe he was looking for, again, some kind of administrative process that would truncate that and allow the zoning director to -- MR. JACKSON: Yes, I am. Mr. Schmitt, you're right on. Is that the -- because this is going to go before the BCC, and they're the ones who are -- work, as I believe, as the BZA. They will see that. And if they want to delegate authority downhill to the most acceptable level for something that meets all criteria, then why not put responsibility at the lowest level for it to be happening there. ACTING CHAIRMAN STRAIN: Aquaport was one. Bayshore project up in Vanderbilt Beach was another. There's a lot of issues in the old days where that staff administratively did that were unacceptable to the community. And as a result we've gotten away from that and we've gone through a public process to get some abnormalities reviewed. Through no fault of the current staff, by the way. MR. SCHMITT: I have no problem if we want to increase the threshold, but we just need to define it and define the criteria so that we can apply it equally, no matter where the issue is brought to the zoning director. Because it can't -- just saying I can't fit the parking because the building's in the way and it's too big may not be the answer. Then by all means, you may have to raze the building and start all over again. And I'm not being that draconian, but I need to make sure we -- that Dave understands where you Page 67 1612 C � September 21, 2005 guys are coming from. Because what I heard you say was make sure there's criteria that is definitive and can be applied equitably across the board. It's not an arbitrary process. Because if it's arbitrary, that's where we get -- I don't think we get in trouble, we get accused of making sort of capricious -- arbitrary and capricious decisions. And I want to make sure Dave understands that. ACTING CHAIRMAN STRAIN: What is the concern about not going through the public process? Is there -- MR. SCHMITT: I think time. COMMISSIONER MURRAY: And money. MR. SCHMITT: And money. MR. JACKSON: Incentive. That's what our job is, to provide incentives. And this is an incentive. MS. MURRAY: There are multiple ways to address parking, not just a variance and not just an administrative deviation, which by the way doesn't take that long, probably two weeks at the most, $500 cost. MR. JACKSON: And that's an incentive. Less than two weeks, if it's $500. MS. MURRAY: Well, any administrative process that you go through in our building is going to cost you something because we're a fee for service organization. So that point's kind of moot. COMMISSIONER SCHIFFER: But Dave, that's a bargain, I'll vote for that. MS. MURRAY: But there's also shared parking and that sort of thing. I would suggest if the cri -- if you want to for some reason reduce the required parking in this overlay, that that is also spelled out, as well as perhaps an administrative reduction. Because I think that's what I'm hearing Dave say is the problem, is they've got old sites that just aren't going to meet it and they may not even meet the existing criteria in the code for administrative reduction, which would then bump somebody up through a public hearing process. So that's an option as well, is to reduce your own parking standards here, and then allow for some administrative deviation, with criteria as well. ACTING CHAIRMAN STRAIN: Is that enough guidance for you to cogitate about? MR. SCHMITT: I'm willing to look at expanding the administrative criteria. And I think that's what we need -- Dave and I and probably Susan need to talk about. ACTING CHAIRMAN STRAIN: I think that would be a good idea. MR. JACKSON: Right. And I would request this board task the staff to talk with us. MR. SCHMITT: No, this board can't task. ACTING CHAIRMAN STRAIN: Yes, we can. Now, don't -- let's not get into that again. MR. SCHMITT: You can ask to us come back. I have to take it back to the board -- okay, I won't argue. You're right, you can. MS. MURRAY: We have been talking, so we can continue our discussions. That's not an issue. That's not a problem. COMMISSIONER SCHIFFER: Mark, I have some page 38 questions. Are you done with 38? ACTING CHAIRMAN STRAIN: No, I'm not done with 38, but let's -- COMMISSIONER SCHIFFER: Well, go ahead. ACTING CHAIRMAN STRAIN: We've only got about three minutes left before we agreed to stop, so why don't we just take yours. COMMISSIONER SCHIFFER: Up on eight, remember earlier I asked that you had a phrase in there that encourages on- street parking and shared parking and everybody said it's in the code. Is this what you were referring to as it being in the code? MR. JACKSON: Shared parking requirements, to the existing -- with the current LDC. COMMISSIONER SCHIFFER: But there's nothing that really encourages it. What you're saying is that the existing code, you can do what the existing code says you can do. Because I think for the success of 1612 C 7 September 21, 2005 this downtown, we're going to have to have shared parking. MR. JACKSON: Correct. And the only reason -- we took it out at one time and we put it back in at the request of staff -- is that if when somebody reads this code, at least it's there and it says that this is the option. Because if it's not there, then they think they don't have the option. It's whatever the existing code is. It ends up being kind of redundant, but it kind of in black and white tells the person when they read it that there is a shared parking option. COMMISSIONER SCHIFFER: But when I asked earlier why did you take out encourage on- street parking and shared parking facilities, this is where everybody said it was. Because this doesn't do any encouragement, this just allows to you do what you can normally can do. Is there any other place that has shared parking referenced? MR. JACKSON: Yes, it's in the Gateway. COMMISSIONER SCHIFFER: Okay, but not in this. Okay. MR. EHARDT: This is the section. This is what I referred to when we took it out of the two and put it in four. COMMISSIONER SCHIFFER: Right, but I mean it's not encouraging, it's allowing what's allowed. Again, the county manager or his designee, I think, should be in eight and nine. On street walls, we have a requirement where driveways come up the sidewalks. It's a site triangle. It's a 10 -foot by 10 -foot. It's in the landscape code. The concern I have is would this -- can we reference in there -- that it's -- I mean, the impression I get is a street wall has to actually come out further than that site triangle will allow. That's a very unsafe condition to create. So could we reference that as a -- or would this in any way override their requirement? You know what I mean? When a sidewalk and a street abut, there's a 10 -foot by 10 -foot, and then triangle that creates -- we don't want any walls or anything greater than 30 inches in that. Because it looks like it would. MR. EHARDT: Let me do some measurements to see. COMMISSIONER SCHIFFER: And what does it mean that no street wall shall adjoin on a common property line? If you have two property lines that have parking lots on both sides, you want some stagger of that wall, or? MR. EHARDT: What I was looking for -- that if you had Building A and Building B, and Site A and B, that you wouldn't want two parking lots right next to each other. COMMISSIONER MURRAY: Why? MR. EHARDT: I wanted to keep the facade of the street a little more consistent with buildings. COMMISSIONER SCHIFFER: But then why don't you word that -- I mean, the way you're causing that design is by the placement of these street walls. Maybe you should put -- I mean -- MR. EHARDT: I'm just saying there can't be any two adjacent properties that have the same street wall, and that it's limited to 65 feet. Only one parking bay is what I'm saying. COMMISSIONER SCHIFFER: Okay, so then maybe what you should say somewhere in the parking, that we can't have more -- two parking bays on adjoining property can't be -- and then, because the street walls is the result of the parking. You're using the street wall to cause parking, to cause building, when, you know -- do it the other way around, I think. MR. EHARDT: Let me see if I -- I'm just trying to clarify what you said or what you're trying -- let's say we have a building, and next to it it's parking lot, let's say. You know, a row -- COMMISSIONER SCHIFFER: Alongside the building. MR. EHARDT: Right, and there's a street wall there. What I'm saying is that I don't want another street wall with its parking and then the building. I want another building, then the street wall. I don't want two parking lots but against -- then you're going to have a continuous long low wall. I would prefer to have 1612 C September 21, 2005 that broken up, I guess is what I'm saying, by buildings. COMMISSIONER SCHIFFER: And I think that's okay, but -- in other words, you're controlling the design of that site via the street wall, not via a comment like no two parking lots can be adjoined or buildings stagger -- you know. In other words, you're using a very low element. Because I could interpreted that to mean I could offset them and achieve that too. And that's not what you're describing. MR. EHARDT: Maybe a common property line. COMMISSIONER SCHIFFER: I think we're -- COMMISSIONER CARON: In other words, you don't want it to look like the picture that's provided here. MR. EHARDT: No, I do. I do want it to look like that, because that's one bay of parking. I mean, that's two bays of parking, that's about 65 feet. You figure 60 feet of parking on both sides. I wouldn't want two of those together and then another building. That's what I was trying to get at. ACTING CHAIRMAN STRAIN: Ladies and gentlemen, we are past our deadline date. We will pick up at our next meeting next Friday at 1:00 in this room. We'll pick up on page 38. That meeting next Friday will be dedicated solely to the finishing up of the Bayshore and the Gateway Triangle if we can get that far for the meeting. Patrick, is that sufficient notification? MR. WHITE: Yes, sir, I believe it is. Just to indicate that those are the Cycle 2 amendments for the CCPC in its first hearing but a continued meeting. Thank you. MR. JACKSON: And the Gateway will go faster because there's a lot of duplicity here. What you've commented on is duplicated. It is duplicated. We can correct it twice. ACTING CHAIRMAN STRAIN: This meeting is over. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:02 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman Page 70 1612 kCEAED NOV 0 4 2005 t3oard of County Commissioners IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Agenda November 16, 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 VII. 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 XL ADJOURNMENT Fiala Halas Henning Coyle Coletta PLEASE NOTE The December meeting has been cancelled - The next regular scheduled meeting is January 18, 2005 4:30 PM, At the Immokalee Community Park Mist. Con6s: 321 First Street South, Immokalee, FL Date: / ds Item #:1 C 1 Coy., s to: 1612 C F IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE October 19, 2005 The October 19th meeting was called to order by Sharon Tims at 4:40 PM and act journed at 4:41 PM due to the fact there was no quorum. The next regularly scheduled meeting is November 16, 2005 at 4:30 PM. 1 COLLIER COUNTY October 6, 2005 Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: 1612 C ; 2005 2«ara of C-. -juntr ' ,cmaossioners Fiala V Halas Henning Coyle Coletta d� Please be advised that the public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, October 19, 2005 and will begin at 8:45 a.m. at the Collier County Community Development Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: have attached the minutes from the September 2005 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239 - 403 -2463 or you can e-mail me at: Raybellows @colliergov.net. Sincerely, Raymo V. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Jennifer Belpedio Misc. Corr6s: Date:/ j 05 Item #: C_ n? Historic Preservationi RV'ri /rb Copies to: 1612 � AGENDA COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:45 AM, WEDNESDAY, OCTOBER 19, 2005 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL /ATTENDANCE: 2. ADDENDA TO THE AGENDA: 3. APPROVAL OF MINUTES: September 21, 2005 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: 5. OLD BUSINESS: A. Goodland — Margood County Park — Amanda Townsend B. Nehrling's Tropical Garden Site - Recommendation for Historic Designation 6. NEW BUSINESS: A. Otter Mound Preserve Interpretive Trail Project 7. DISCUSSION OF ADDENDA 8. ADJOURN 1612 C September 21, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, September 21, 2005 LET IT BE REMEMBERED, that the Collier County Historical/ Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 8:45 AM in REGULAR SESSION at the Collier County Community Development Services Division Conference Room #607, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: John Thompson Adam Brooks (Excused) William Dempsey Thomas Franchino Ardavan Moaveni Elizabeth Perdichizzi Bill Tyson (Excused) David Driapsa (Volunteer) ALSO PRESENT: Ray Bellows, Zoning Manager Patrick White, Assistant County Manager Jennifer Belpedio, Assistant County Attorney Amanda Townsend, CCPRD Laura Layden, Naples Daily News 1 1612 9 C September 21, 2005 1. The meeting was called to order by Chairman John Thompson at 8:45 AM. Roll Call was taken. (Ardavan Moaveni arrived at 8:50 AM) A quorum was established. 2. Addenda to the Agenda: Selection of new member to replace Adam Brooks was added under Addenda to the Agenda. William Dempsey moved to approve the Agenda. Second by Elizabeth. Perdichizzi. Carried unanimously 6 -0. 3. Approval of Minutes: August 17, 2005 David Driapsa offered a correction on page 2, paragraph 3: The sentence should read, "He stated that 100% of the trees at the Edison Estate have been recorded so that they can be replanted if destroyed by storms or natural causes." William Dempsey moved to approve the minutes of June 15, 2005, as amended. Second by Elizabeth Perdichizzi Carried unanimously 6 -0. 4. Department of Zoning & Land Development Review Report: Ray Bellows • Ray explained that the reason the Board had to move to the smaller room 607 was that there was another meeting scheduled in 609 5. Old Business: A. Goodland — Mar -good historic site - Amanda Townsend • Amanda reviewed the current activities at the Mar -good site. These included a walk- around that took place and the need for an archeological assessment, inventory of the collection and estimate of the scope of the work for the project to unfold • The Board discussed the variety of features and uses of the property and its artifacts. B. Nehrling's Tropical Garden — Designation of property within Carribean Gardens as a County Historical Site • The Board invited Naples attorney John Passidomo, who represents the Fleischmanns, to the meeting, but he did not show • Ray Bellows mentioned that the Board may want to wait because it is uncertain whether or not the County will acquire the property • Thomas Franchino urged to Board to recognize the gardens as historically significant. Attributes of the gardens and the reasons and requirements for this designation were reviewed by the members. William Dempsey recused himself from the discussion • Thomas Franchino moved to recommend to BCC that the Nehrling's Tropical Garden site be designated as one of historical significance. Second by Elizabeth. 1612 C September 21, 2005 Perdichizzi. Carried 5 -0 with 1 abstention by William Dempsey. Land Development Code provisional 2.2.25.5.1, subsections 2, 4 and 5 were stated as the official basis for the decision. • Ray Bellows will prepare the application for historic designation and executive summary 6. New Business: • Elizabeth. Perdichizzi mentioned the Rev. Aaron Robinson of the Marco Church of God had requested Registry of Historical Places information. Elizabeth will get the information to him 7. Addenda to the Agenda - Selection of new member to replace Adam Brooks • 4 applications to the Board were presented and discussed William Dempsey moved to recommend the appointment of Patricia Huff to the Board. Second by Elizabeth. Perdichizzi Carried unanimously 6 -0. • John Thompson mentioned that his term and that of Thomas Franchino expire before the next meeting. Ray Bellows will present their written requests to continue to the BCC to be reappointed There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8::37 AM. HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD John Thompson, Chairman 3 1612CIo BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday October 4, 2005, 6:00 p.m. 1. Roll Call a. Acceptance of Absence 2. Adoption of Agenda 3. Adoption of Minutes Agenda Fiala Halas Henning Coyle Coletta 4. Executive Director Update a. Site Improvement Grant b. Sugden Park Public Access c. SoNa Site Development Plan d. Visit to SFWMD (Gateway Stormwater) e. CRA New Hire 5. Old Business 6. New Business a. Payment for Services - HDR, Inc. b. Payment for Services - Johnson Engineering 7. Citizen Comments 8. Adjournment of Regular Meeting 9. 6:30PM Commence CRA Advisory Board FY2006 Goal Workshop a. Presentation by CRA Executive Director b. Discussion /Input from Board 10. 7:30PM Workshop Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore /Tri angle office at (239) 643- 1115 if you have any questions about the meeting. 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 availa1*"dPA08County Commissioners' Office. Date: c2 % Item #: U aG (C) Copies to: BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday October 4, 2005, 6:00 p.m. 1. Roll Call a. Acceptance of Absence 2. Adoption of Agenda 3. Adoption of Minutes Agenda Fiala Halas Henning Coyle Coletta 4. Executive Director Update a. Site Improvement Grant b. Sugden Park Public Access c. SoNa Site Development Plan d. Visit to SFWMD (Gateway Stormwater) e. CRA New Hire 5. Old Business 6. New Business a. Payment for Services - HDR, Inc. b. Payment for Services - Johnson Engineering 7. Citizen Comments 8. Adjournment of Regular Meeting 9. 6:30PM Commence CRA Advisory Board FY2006 Goal Workshop a. Presentation by CRA Executive Director b. Discussion /Input from Board 10. 7:30PM Workshop Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore /Tri angle office at (239) 643- 1115 if you have any questions about the meeting. 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 availa1*"dPA08County Commissioners' Office. Date: c2 % Item #: U aG (C) Copies to: 1612 Q �1 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 «�o� Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Guy L. Carlton Collier County Tax Collector Courthouse, Building C -1 Naples, FL 34112 -4997 Re: Errors and Insolvencies Report Dear >�trlton October 5, 2005 Fiala Halas Henning Coyle Coletta This will acknowledge receipt of your letter dated October 5, 2005, and the attached Errors and Insolvencies Report for approval by the Board of County Commissioners. Please be advised that we have placed the report on the October 25, 2005, Board agenda under Miscellaneous Correspondence, Item 16(I) for approval. After approval, it will be forwarded to the Clerk's Minutes and Records Office to be filed as a public record. If you require additional information, please do not hesitate to contact me. FWC:sf Very truly yours, Fred W. Coyle, Chairman Commissioner, District 4 Misc. Combs: Date: /a I OS Item #: /L Copies to: 0/� GC y ,/ � - eCtt&0ft C. F.C. COLLIER COUNTY TAX COLLECTOR COURTHOUSE - BLDG. C -1 NAPLES, FLORIDA 34112 -4997 (239) 774 -8171 www.colliertax.com October 11, 2005 Honorable Fred Coyle Board of County Commissioners Collier County Courthouse - Admin. Bldg. /3 Naples, Florida 34112 Subject: 2005 -2006 Budget Amendment Dear Commissioner Coyle: 1612 D R �� D 2005 Board of "('.Lsn"y Co €wnissiimers Each comm. Recd Copy Enclosed is a copy of an amendment to the fiscal year 2005 -2006 budget for the Collier County Tax Collector that I have submitted to the Department of Revenue. Sincerely, Guy L C ton Collier ounty Tax Collector Enclosure Misc. Col-ni;s: Date:a 13 OS Item #:i a a Copies to: O O O N O M L .G G �- d co O � V G W =p J .J � L O� V � d c� d o m J O0z m� NCa � O 00 JLlr- GQOQQ+ IL ftLi z m tea' a0 yF- 00.91 0O wQ+ z O Q N 7 2 W W t=o Z V J z O CL U W W W F W z 0 W a W d d s V! U) V t V a 4) i N W U) Z W CL W .Q Z CO) a0 O 00 00 O et MIT- H N t s s N N N G G G O O O Un cn CO) W W LLI W W 0 W W W ad ad ad H m m V Q g v co ua 1612 D IW F- 0 - � CO M O O LQ M co U) O co co co O EA b9 ER W. W c W U) O Z Q) � O of- — m Co Z W c ° .L E E c N -n H N ..J W W j y C LLL 00 Z o° N F- z N W aam� .p = d Y H Z 0 I +-' Q W m 111 CL O I� O O cr Q 00a:mo O O O N O M L .G G �- d co O � V G W =p J .J � L O� V � d c� d o m J O0z m� NCa � O 00 JLlr- GQOQQ+ IL ftLi z m tea' a0 yF- 00.91 0O wQ+ z O Q N 7 2 W W t=o Z V J z O CL U W W W F W z 0 W a W d d s V! U) V t V a 4) i N W U) Z W CL W .Q Z CO) a0 O 00 00 O et MIT- H N t s s N N N G G G O O O Un cn CO) W W LLI W W 0 W W W ad ad ad H m m V Q g v co ua 1612 D IW F- 0 - � CO M O O LQ M co U) O co co co O EA b9 ER J Q U LL: c C O ti O Q) O n — m Co Z W c ° .L E E c N -n N X (n W j y C LLL 0 � "maa F- z N c u' v U (n N W W W O c Y c c c c Q oM 111 CL C�Ei OUQO! Q J Q U 0//f y eat&0ft C. F. C. COLLIER COUNTY TAX COLLECTOR COURTHOUSE - BLDG. C -1 NAPLES, FLORIDA 34112 -4997 (239) 774 -8171 www.colliertax.com October 19, 2005 Honorable Fred Coyle, Chairman Board of County Commissioners Collier County Courthouse - Admin. Bldg. /3 Naples, Florida 34112 Subject: 2004 -2005 Final Annual Budget Amendment Dear Commissioner Coyle: 1612 D t 3. � x EM cOMM. RECD copy OF FH TH Fc JC Enclosed is a copy of the Fiscal Year 2004 -2005 final budget amendment for the Collier County Tax Collector's office that I have submitted to the Department of Revenue. Sincerely, Guy L. lton Collier ounty Tax Collector Enclosure Misc. Combs: aae: a r �05 item #:tea J 3 Copies to: a w LL U) Z O� W Z Z O V w O � N �a dm°f _ Z 0 O m d d �. Fn La O O N O M L E 2 ra o to Cm t4 Of w0:5 J J N O V O as 0 .v m Z' 5 0 anuj a+ 161��3 J Z O FL' w CL J 4 I� Q O CO h st �- M tNMNC0O O WMMWr*-T LL: N D N 0 -M�O 0 9 LL O � w WirF- co 0o t0) N � a d Om MP- c J J y y y y V a� m m rt—+ �- a d N M M wmo= N M O N O O its tom- ' M S W W WmFYFYMMIZ + w J Q 00:: 161��3 J Z O FL' w CL J 4 I� Q O CO h st �- M tNMNC0O O LL: N D N 0 H 0 9 LL u> °' w WirF- m w w E Z o w O N � a d Om w ,� c J J y y y y V a� m m rt—+ �- a d d oaLL wmo= O Z o--- O O O its to ' d ����QFs w W W WmFYFYMMIZ a w J 00:: ao «. = =0 CL !d tp y CL CL M w O y E C C�p R t' L�� IN �' C� R V C G H = O N �0.. C= w 01 y -0-0 to 13 E .O t= cr WEE o o V v w i g 'Q O 0 V d w W d d 0 0 "O 1 O m a O EE a 0 +y+ +y+ +y+ = R ommdyEEEEN�O *00 E O C M N A E N E E` o O to 'C t0 N W v 00000* L L— �i W >>>,�00 4: di i:� L C4 V- m r- wt Ito a- a- C4 to to C4 0 to mW) tf! W N N ~ 0 N N N N N Z V J Z O P a E v w CL c E F 161��3 J Z O FL' w CL J 4 I� Q O CO h st �- M tNMNC0O O LL: N D N 0 H 0 9 LL u> °' w WirF- m w w E Z o w O N � a '� Om w ,� c J J y y y y V a� m E� rt—+ �- a d d oaLL wmo= O Z o--- O O O its to ' ����QFs w W W WmFYFYMMIZ U w J 161��3 J Z O FL' w CL J 4 I� Q O CO h st �- M tNMNC0O O LL: N D N 0 H 0 9 LL u> °' 0) y °: 0 w m w w E Z o w w w E N � N �i LL LL E O C N y Q Z v w 2 a 16 ca H c :3 < > a� m CL a 00 <x cl a O�v�l z d �rg� o0 C a � o(Lra + 0 o�q . c N a O a c R O '+�'+ 0, o O _ w a pppp U) e qq O �mc Qf �- 4Y of w M co O N M W o Z v~i M1� C? I R N d N c M N TNT d J w ... wa cc LU 20O Y •� c W 0 V Wpm 0g N O O N 1612 D 3 H 4 w Z 9 a 0) w w 0- LL o O W � m 7 a W 4 0 � O a Q Q U U- \-10 000 �64 Vj� fn a) w m U. .E E c y N y E aDww� x W iy U Li LL E y U N � a� w x x r- w W o c c C 7 Co cmE(D OUQ= d C a � w . c N O a c R O '+�'+ 0, o O _ w a U) e �mc w d W Z o v~i a R N d c N d J w ... Q L C Y •� c W 0 V Wpm L N O O N � E e � c• y G� w� d 4f a "E w c F- ?�,,, 0 •0 =•O Q L •C 0 � a 41 9 'w V 4) 10 0 L L L U = a _ U) Q EL C - m� mG 5LLLLLL G <c* .S ViO."Z� 0 0 M mCgVv d Go �11Mf C Hw in V- O N Z V C; J M Z O L E m a_ tm .. c m °C 0 W 4) c °m o cc .2 Z v0EH N ... C LL V a � W a Co W �� Q G H c y c J T d Z w w Z c c L d c '��+ . J v d .� J w Rf co N •V t= rA�R0>rwaa+m E E 0 CL cm c p .m w Q d Li +a w H ' FE - �� c ci 0 1612 D 3 H 4 w Z 9 a 0) w w 0- LL o O W � m 7 a W 4 0 � O a Q Q U U- \-10 000 �64 Vj� fn a) w m U. .E E c y N y E aDww� x W iy U Li LL E y U N � a� w x x r- w W o c c C 7 Co cmE(D OUQ= 1612 D 3 °x ° o 0 CL LU oa o a + CL z M N P.. Z O O Q+ O H O Z t = c c W N Z � N 0 O ~ M H N CM c d c �a m w E z g W �. o W .3 Z Z �n O v p d R m 0 O W LL P W c c i m V H w m P 7 d J J L L LV W E d I '� m � O -j 2 Z O c V U' CD H Li Co d --� L c �N d Ci Z W 0 O d ( .� U d > > ? V W m ix W 4 0: lz U to IN M a O ~ W t�0 m Z U J a as O H O Z O W N Z CD 0 ~ M H N E W W Z W S W W W I- al IL d J J '� � O cr E c V U' CD H Li W d --� L a W p 0 0 .� U ~ ? V W m ix a w V 0) P P P O 1 y YV-"� P N N 1612 D n= \ILL �. \, LL H Z W ~ W N W Z W S W W W I- O Z a H --� Z p D j a ix a w v LL a O w a as a w 1612 D n= \ILL �. \, LL ;6K3+ MEMORANDUM Date: December 16, 2005 To: David Weigel, County Attorney County Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -423 Enclosed please find one (1) copy of the document, referenced above (Agenda Item #16K3) as approved by the Board of County Commissioners on Tuesday, December 13, 2005. The Minutes and Records Department has kept the original document for public record. If you should have any questions, please contact me at ext. 7240. Thank you. Enclosures 16 �, MEMORANDUM . Date: December 16, 2005 To: Don Pickworth, Attorney From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -423 Enclosed please find one (1) certified document as referenced above, Agenda Item #16K3, as approved by the Board of County Commissioners on Tuesday, December 13, 2005. The Minutes and Records Department has kept the original document for public record. If you should have any questions, please contact me at ext. 7240. Thank you. Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 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 __ c...,.. ut .f ._ , h Ifd ­IM the rherklist_ and forward to Sue Filson (line #5). exception of the Chairman's signature, draw a uuc unvu i, Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. i �, Agenda Item Number 1 V 4-, 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. 23 Number of Original 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 0.� kC�%i)ei 2t ae ,CJZL V Phone Number Contact appropriate. (Initial) Applicable) Agenda Date Item was i �, Agenda Item Number 1 V 4-, Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 23 Number of Original Documents Attached Attached resolutions, etc. signed by the pages iNCTRi ICTIONS & 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, County Attorney's Office and signature from resolutions, etc. signed by the pages 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 16Lk 30 (enter date) and all changes made during the meeting have been incorporated in the attached document. The c1f45 r6 County Attorne '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 +l'6 K 3 mom RESOLUTION 2005- 423 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGRETATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO ENTER INTO A MASTER FINANCING AGREEMENT AND A SCHEDULE OR SCHEDULES THEREOT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC., AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC., AS OBLIGOR; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic and an industrial development authority duly created and existing as a local governmental body and a public instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Parts II and III, Florida Statutes, as amended (the "Act "), to provide to the making of, and to issue and sell its obligations for lawful purposes under the Act; B. The Issuer has held a public hearing on December 12, 2005, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached to the IDA Resolution as defined herein, and has by its resolution, a copy of which is attached hereto as Exhibit A (the "IDA Resolution "), approved the execution and delivery of a Master financing Agreement and a Schedule or Schedules thereto, dated as of December 1, 2005 (collectively, the "Agreement "), by and among the Issuer, G.E. Capital Public Finance, Inc., as Lender, and Naples Community Hospital, Inc. ( "NCH "), as obligor, and the making of a Loan to NCH pursuant to the Agreement to finance and refinance the purchase of certain equipment for its health care facilities (the "Equipment ") C. The Issuer has recommended and requested that the Board of County Commissioners approve the Issuer's making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. A copy of the resolution adopted the Issuer on December 12, 2005 (the "IDA Resolution ") in connection with such Loan is attached hereto as Exhibit A. 16K3 Am D. The purposes of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the Board of County Commissioners. E. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Agreement. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Loan. F. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the making of the Loan to NCH as contemplated by the IDA Resolution and the Agreement in an amount not to exceed $15,000,000 for the purposes of financing the cost of the Equipment sis hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 13th day of December 2005. (SEAL) ATTEST: Dwight E. Brock, Clerk By putt' I6rk . �= 4 � r Est it tfi�ie1 ' f Appf'asbo��rri egal sufficiency: �r - .r David C. Weigel, County Att y COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS -AL � .. Fred W. Coyle, Chairman State -or FU)MO)i w County of COLLIER I HEREBY CERTIFY THAT this Is a true and rotrect copy of a oocurnent on file in j oard Minkites ano Recoros of Collier Cou* WITNESS my hard aila official seal this day of DWIGHT E. BROC.K, CLERK Of COURTS B+: D.C. s16k3 RESOLUTION 2005 -03 RESOLUTION AUTHORIZING THE MAKING OF A LOAN TO NAPLES COMMUNITY HOSPITAL, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN EQUIPMENT AND AUTHORIZING THE EXECUTION OF A MASTER FINANCING AGREEMENT AND A SCHEDULE OR SCHEDULES THERETO RELATED TO SUCH LOAN AND RELATED DOCUMENTS; PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: Section 1. Findings. It is hereby found, determined and declared that: (a) The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the board of County Commissioners of Collier County, Florida, a body corporate and politic duly created and existing as a local governmental body, a public instrumentality and an industrial development authority for the purposes of financing qualified projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Parts II and III, Florida Statutes, as amended (the "Act ") by the issuance and sale of its obligations for lawful purposes under the Act; (b) Naples Community Hospital, Inc. (the "Corporation ") is a Florida not -for- profit corporation, which owns and operates hospitals and other health - related facilities located in the County; (c) The Corporation desires to finance the cost of acquiring certain capital equipment for its healthcare facilities (the "Equipment "), and making certain renovations for the installation thereof, for use in or in connection with the health care facilities of the Corporation at Naples Community Hospital, which is located at 350 7'h Street North, Naples, Florida, and North Collier Hospital, which is located at 11190 Health Park Boulevard, Naples, Florida; (d) The Issuer has received an application of the Corporation pursuant to which the Corporation has requested that the Issuer provide assistance in connection with the financing of the Equipment and the renovations necessary for the installation thereof, including the payment of certain expenses incurred in connection with obtaining such financing, all as more particularly described in and subject to that certain schedule dated as of December 1, 2005 or such other date as may be approved by the Authority (the "Schedule ") to the Master Financing Agreement, dated as of December 1, 2005 (the "Master Financing Agreement "), by and among the Issuer, the Corporation and GE Capital Public Financ�, Inc. or its successors ( "GECPF "), pursuant to which GECPF will provide funds to the Issuer to make a loan (the "Loan ") to the Corporation for such purposes; EXHIBIT A TO COUNTY RESOLUTION 6K "A (e) In order to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Issuer did on the date hereof hold a public hearing, which public hearing was duly conducted upon reasonable public notice, a copy of which notice is attached hereto as Exhibit A and at such public hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the Equipment and the renovations necessary for the installation thereof and to the financing and the making of the Loan; (f) At said hearing, no person spoke or wrote in opposition to the Equipment and the renovations necessary for the installation thereof or the financing and the making of the Loan; (g) The purposes of the act will be effectively served by the making of the Loan; (h) There has been presented to this meeting proposed forms of the Master Financing Agreement and the Schedule; (i) The Equipment and the renovations necessary for the installation thereof constitute a project eligible for financing under the Act; 0) Due to the volatility of the tax- exempt bond market, it is necessary and desirable and in the best interests of the Issuer and the Corporation to enter into a negotiated transaction with GECPF; (k) The Corporation has represented that it is financially responsible and fully capable of fulfilling its obligations under the Master financing Agreement and the Schedule and performing such other responsibilities as may be imposed upon it under the Master Financing Agreement and the Schedule; (1) Adequate provision is made in the Master Financing Agreement and the Schedule and related documents for the installation, operation, repair and maintenance of the Equipment and the renovations necessary for the installation thereof at the expense of the Corporation and for the payment of principal of and interest on the Loan by the Corporation; and (m) It is now desirable to authorize the making of the Loan and the execution and delivery of certain documents in connection therewith. Section 2. Making of Loan Authorized, of Form and Execution and Delivery of the Master Financing Agreement and Schedule. The making of the Loan as contemplated by the Master Financing Agreement and the Schedule, in a principal amount not to exceed $15,000,000, at an interest rate not to exceed 9% per annum or such other rate as may be approved by the Authority, are hereby approved. The form of the Master Financing Agreement and Schedule as presented to this meeting is hereby approved and the Chairman or the Vice Chairman is authorized to execute and deliver the Master Financing Agreement and the Schedule in substantially the forms thereof presented to this meeting, with such changes, insertions, modifications and deletions as shall be necessary to conform to this Resolution and with such k6143� other changes, insertions, modifications and deletions as may be required by Bond Counsel or the General Counsel of the Authority and which shall be approved by the Chairman or Vice Chairman (which approval shall be conclusively presumed from the execution thereof). The Issuer hereby recommends and requests that the Board of County Commissioners of the County approve the making of the Loan. Section 3. Actions of Officers. All actions of officers of the Issuer heretofore taken in conformity with the purposes and intent of this Resolution and in furtherance of the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof are hereby approved and confirmed. The officers, employees and agents of the Issuer are hereby authorized and directed to take such further actions in conformity with the purposes and intent of this Resolution and in furtherance in the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof as may be necessary or desirable. Such officers, employees and agents of the Issuer are hereby authorized and directed to execute such closing certificates and documents relating to the Loan as may be requested by Bond Counsel, including, but not limited to, an Escrow Agreement and a Tax Certificate setting forth the expected use and investment of the proceeds of the Loan in order to show, among other things, that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1985, as amended. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. ADOPTED December 12, 2005. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY / By Hump e , Ch an Atte t �r Ar99istan retary Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------+---------- PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N #502 NAPLES FL 34103 REFERENCE: 010784 59143725 Notice of Special Me 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: 11/28 11/28 3� Notice.of 04111 I;.0*1no arwd @wfuto Ha nq er�IOnagy >ar 091W-10 ir No e ,- e alIvenp0pC� a}M� o a g n rail n con An 'anchComtyt dv *hce ooOfpttle r d 00'meY Collier�c/o/ECdn'o lckpeevofopVAlehm0t'0u`hority 3QS0NOrthttGlsB�hD6DrVe Suite Nnp1ea, opIda � 384 Written comma td•'rNdMed In adVahoa of the .hearing and orm comments made at the hean0p are for the Fonolderatlon of the Authority and ri whl AD SPACE: 16 6 . 0 0 0 INCH f of the LntRtl FILED ON: 11/28/05 ---------- I +-- - - - - -- 79701;taa,. -- Signature of Affiant � 20 Sworn to and Subscribed before me this day of Personally known by me Harriett Bushong k_ t14YC0MMISSI0N# 004689 EXPIRES ' 3uly 24, 2007 u''Fdtn"�•' eoNOenrHnilrawnn,iac�.� •�r EXHIBIT A TO IDA RESOLUTION BradleyNancy Page �--" 1�� of 1 r4 vim` f3CC -42 12 L Z> l v5 -t--+" l (� V3 From: Donald Pickworth [picklaw @earthlink.net] Sent: Friday, December 09, 2005 3:19 PM To: BradleyNancy; weigel_d Subject: Dec 13 Agenda; IDA Attachments: Authority Res 12- 9- 05.doc; Authority Resolution Blackline.doc; BCC Resl2- 9- 05.DOC; BCC Resolution Blackline.doc David and Nancy: Attached is suggested languange to read at the meeting. I will be there if there are questions. Also attached are the revised resolutions and blacklines. Donald A. Pickworth / Donald A. Pickworth, P.A. 6 K 5150 Tamiami Trail North Suite 502 Naples, Florida 34103 PH: (239) 263 -8060 FAX: (239) 598 -1161 picklaw @eart_h_link.net 12/12/2005 iZ,�f3��5 DONALD A. PICKWORTH, P.A. (6 K3 ATTORNEY AT LAW SUITE 502 NEWGATE TOWER 5150 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 34103 e -mail: picklaw(bearthlink.net (239) 263 -8060 December 9, 2005 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse /Bldg F Naples, FL 34112 FAX (239) 598 -1161 Re: December 13, 2005 Agenda; Industrial Development Authority Dear David: Subsequent to the submission of the agenda materials, the transaction has changed, and the actual resolution that needs to be executed needs to be changed to reflect the changes. These are not material changes with respect to the IDA's or the BCC's approvals. In my conversation with Nancy she suggested I prepare a statement that can be read during the consent agenda consideration so that this matter may remain on consent. I would suggest the following statement: "Subsequent to the submission of the agenda materials the structure of the transaction has changed, although these changes are not material with respect to the approval of the transaction by the IDA or the County, and the only effect of the changes to the IDA or County is one of nomenclature in the approving resolutions. We are submitting a revised resolution that reflects these changes, and would request that if the Board approves this transaction by the IDA that the this revised resolution be the one that is executed." Should there be any questions regarding more detail, the change is that at the time of submission the deal was a Schedule 3 to the Master Financing Agreement that was approved in 1997. It has now been decided to do a new Master Financing Agreement and a Schedule 1 to this new agreement. The new agreement contains new material provisions with regard to the deal between NCH and GE Capital Public Finance, but the terms as between the Authority and NCH and GE Capital are the same. So from our standpoint it is the same deal, just different nomenclature in the resolutions. I will be at the Board meeting. Vly yours, Ickworth RESOLUTION 2005 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGRETATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO ENTER INTO A MASTER FINANCING AGREEMENT AND A SCHEDULE OR SCHEDULES THEREOT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC., AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC., AS OBLIGOR; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic and an industrial development authority duly created and existing as a local governmental body and a public instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Parts II and I I [,-Florida Statutes, as amended (the "Act "), to provide to the making of, and to issue and sell its obligations for lawful purposes ;{ under the Act; { B. The Issuer has eld a public hearing, on December 12 2005 which public hearing,, was duly conducted upon reasonable public notice a copy of said notice being, attached to the IDA Resolution as defined �erein, and hasby_its resolution a copy of which is attached hereto as Exhibit A (the "IDA Resolution ") approved the execution and delivery of a Master financing Agreement and a Schedule or Schedules thereto, dated as of -ecember 1, ;005 (collectively, the j` "Agreement "), by and among the Issuer, G.E. Capital Public Finance, Inc., as Lender, and Naples Community Hospital, Inc. � " NCH "),_ as obligor, and the making, of a Loan to NCH pursuant -to-,z he Agreement to finance and refinance the purchase of certain equipment, for its health care f' -------- -- acilities (the "Equipment ") --------------- - C. The Issuer has recommended and requested that the Board of County Commissioners approve the Issuer's making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. A copy of the resolution adopted the Issuer on December 12, 2005 (the "IDA Resolution ") in connection with such Loan is attached hereto as Exhibit A. i—rN - [Z(13 (o s -* [693 Deleted: SCHEDULE TO A Deleted: declared in Deleted: herein Deleted: that (i) it Deleted: heretofore executed Deleted: September Deleted: 1997 (the "Master Financing Deleted: (the "Corporation Deleted: which the Issuer will make a Loan (as defined in Deleted: Master financing Deleted: ) to the corporation for financing t leted: , and the making of certain ovations Deleted: the installation thereof, to be used by the Corporation in Deleted: operations, and for financing certain expenses in connection with such Loan and (ii) that it has held a public hearing on December 12, 2005, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached to the IDA Resolution as defined herein. C.R. lzlr3l65 4 16K3 D. The purposes of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the com ry Board of County Commissioners. E. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Agreement. No member of the Board of County _, C: Mane. F na�c +n� - -- Commissioners or any officer thereof shall be liable personally on the Loan. F. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the making of the Loan to NCH as contemplated by the IDA Resolution and the Agreement in an amount not to exceed $15,000,000 for the purposes of financing the cost of the Equipment is hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 13th day of December 2005. (SEAL) ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: David C. Weigel, County Attorney COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Fred W. Coyle, Chairman UP, . Wt3 /05 =%MK3 RESOLUTION 2005 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO CHAPTER 159, FLORIDA STATUTES, AS AMENDED; AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO MAKE A LOAN TO NAPLES COMMUNITY HOSPITAL, INC. IN AN AGGRETATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING THE PURCHASE OF CERTAIN EQUIPMENT; AUTHORIZING THE AUTHORITY TO ENTER INTO A MASTER FINANCING AGREEMENT AND A SCHEDULE OR SCHEDULES THEREOT AMONG THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS ISSUER, G.E. CAPITAL PUBLIC FINANCE, INC., AS LENDER, AND NAPLES COMMUNITY HOSPITAL, INC., AS OBLIGOR; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic and an industrial development authority duly created and existing as a local governmental body and a public instrumentality for the purpose of financing qualifying projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Parts II and III, Florida Statutes, as amended (the "Act "), to provide to the making of, and to issue and sell its obligations for lawful purposes under the Act; B. The Issuer has held a public hearing on December 12, 2005, which public hearing was duly conducted upon reasonable public notice, a copy of said notice being attached to the IDA Resolution as defined herein, and has by its resolution, a copy of which is attached hereto as Exhibit A (the "IDA Resolution "), approved the execution and delivery of a Master financing Agreement and a Schedule or Schedules thereto, dated as of December 1, 2005 (collectively, the "Agreement "), by and among the Issuer, G.E. Capital Public Finance, Inc., as Lender, and Naples Community Hospital, Inc. ( "NCH "), as obligor, and the making of a Loan to NCH pursuant to the Agreement to finance and refinance the purchase of certain equipment for its health care facilities (the "Equipment ") C. The Issuer has recommended and requested that the Board of County Commissioners approve the Issuer's making of the Loan so that the interest on the Loan will be exempt from federal income taxation under the Internal Revenue Code of 1986, as amended. A copy of the resolution adopted the Issuer on December 12, 2005 (the "IDA Resolution ") in connection with such Loan is attached hereto as Exhibit A. C.R. 12.113 k5 4 16 K3 D. The purposes of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the making of the Loan be approved by the Board of County Commissioners. E. The Loan shall not constitute a debt or a pledge of the faith and credit of the Issuer or the County, or any agency thereof, and neither the Issuer, the County nor any agency thereof shall be liable thereon; nor in any event shall the Loan be payable out of any funds or properties other than as provided in the Agreement. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Loan. F. The Board of County Commissioners is the elected legislative body of Collier County, Florida for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. Section 2. Approval of Making the Loan. For the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the making of the Loan to NCH as contemplated by the IDA Resolution and the Agreement in an amount not to exceed $15,000,000 for the purposes of financing the cost of the Equipment sis hereby approved; however, this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 13th day of December 2005. (SEAL) ATTEST: Dwight E. Brock, Clerk Deputy Clerk Approved as to form and legal sufficiency: David C. Weigel, County Attorney COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Fred W. Coyle, Chairman RESOLUTION 2005 -03 RESOLUTION AUTHORIZING THE MAKING OF A LOAN TO NAPLES COMMUNITY HOSPITAL, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN EQUIPMENT AND AUTHORIZING THE EXECUTION OF A MASTER FINANCING AGREEMENT AND A SCHEDULE OR SCHEDULES THERETO RELATED TO SUCH LOAN AND RELATED DOCUMENTS; PROVIDING AN EFFECTIVE DATE C.-R. W45 =# I6 K3 Style Definition: Normal: Font: (Default) Times New Roman, 12 pt Formatted: Header distance from II edge: 1.7 ", Footer distance from F,. edge: 1.2 ", Not Different first page Formatted: WP_BlockText BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT•. AUTHORITY: Section 1. Findings. It is hereby found, determined and declared that: (a) The Collier County Industrial Development Authority (the "Issuer ") is a-,, public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the board of County Commissioners of Collier County, Florida, ja body corporate and politic duly created and existing as a local governmental body. a public instrumentality and an industrial development authority for the purposes of financing qualified projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Parts II and 111, Florida Statutes, as amended (the "Act ") by the issuance and sale of its obligations for lawful purposes under the Act; (b)_Naples ,Community Hospital, Inc. (the "Corporation ") is a Florida not -for- profit corporation, which owns and operates hospitals and other health - related facilities located in the Count (c)_The Corporation desires to finance the cost of acquiring certain capital equipment for its healthcare facilities (the "Equipment "), and making certain renovations for the installation thereof, for use in or in connection with the health care facilities of the Corporation at Naples Community Hospital, which is located at 350 7" Street North, Naples, Florida, and North Collier Hospital, which is located at 11190 Health Park Boulevard, Naples, Florida; (d)_The Issuer has received an application of the Corporation pursuant to which the Corporation has requested that the Issuer provide assistance in connection with the financing of the Equipment and the renovations necessary for the installation thereof, including the payment of certain expenses incurred in connection with obtaining such financing, all as more particularly described in and subject to that certain schedule dated as of December 1, 2005 or such other date as may be approved by the Authority (the Deleted: SCHEDULE TO A� Formatted: Right: -0.03 ", Tabs: -1 ", Left + -0.5 ", Left + 0 ", Left + 0.5 ", Left + 1 ", Left + 1.5 ", Left + 2 ", Left + 2.5 ", Left + 3 ", Left + 3.5 ", Left + 4 ", Left + 4.5 ", Left + 5 ", Left + 5.5 ", Left + 6 ", Left + 6.5", Left + 7 ", Left + 7.5 ", Left + 8 ", Left + 8.5 ", Left + 9 ", Left + 9.5 ", Left + 10 ", Left + 10.5 ", Left + 11 ", Left + 11.5 ", Left + 12 ", Left + 12.5 ", Left + 13 ", Left Formatted: WP Body Text Formatted: Right: - 0.03 ", Tabs: 0 Left + 0.36 ", Left + 0.5 ", Left + 1 ", Left + 1.5 ", Left + 2 ", Left + 2.5 ", Left + 3 ", Left + 3.5 ", Left + 4 ", Left + 4.5 ", Left + 5 ", Left + 5.5 ", Left + 6 ", Left + 6.5 ", Left + Not at 0.36" Formatted: _levell, Indent: Left: 0.48 ", First line: 0.48 ", Right: - 0.03 ", Outline numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0" + Indent at: 0 ", Tabs: 0.48 ", Left + Del leted: and is Deleted: and Deleted: community Deleted: county; Formatted: Font: Arial Deleted: community Deleted: collier Formatted: Font: Anal "Schedule ") to the Master Financing Agreement, dated as of pecember 1, ZQ (the "Master Financing Agreement'), by and among the Issuer, the Corporation and GE Capital Public Finance, Inc. or its successors ( "GECPF "), pursuant to which GECPF will provide funds to the Issuer to make a loan (the "Loan ") to the Corporation for such purposes-, ------ - - - --- f— tweted: September Deleted: 1997 Formatted: Font: Arial C.R. 43/b,5 41to (e)_In order to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Issuer did on the date hereof hold a public hearing, which public hearing was duly conducted upon reasonable public notice, a copy of which notice is attached hereto as Exhibit A and at such public hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the Equipment and the renovations necessary for the installation thereof and to the financing and the making of the Loan_ __ --- Formatted: Font: Axial (f)_At said hearing, no person spoke or wrote in opposition to the Equipment and the renovations necessary for the installation thereof or the financing and the making of the Loan --------------- Formatted: Font: Arial �------------------------------------------------------------------------- --- - -- '- •-- - -' - -- ""' Loan; (g)_The purposes of the act will be effectively served by the making of the ----- - - - - -- Formatted: Font: Axial Deleted: an executed counterpart (h) There has been presented to this meeting kronosed forms of the Master ----- - - - - -- -- Financing Agreement and the Schedule- Deleted: proposed fornr of the Formatted• Font: Axial (i) The Equipment and the renovations necessary for the installation thereof constitute a project eligible for financing under the Acti- __ -- Formatted: Font: Axial Q) Due to the volatility of the tax - exempt bond market, it is necessary and desirable and in the best interests of the Issuer and the Corporation to enter into a - -� negotiated transaction with GECPFi ______—________________________ Formatted: Font: Axial -------------------------------------- (k)_The Corporation has represented that it is financially responsible and fully capable of fulfilling its obligations under the Master financing Agreement and the Schedule and performing such other responsibilities as may be imposed upon it under the Master Financing Agreement and the Scheduled _________________________ ___ --- - - - - -- - - -- Formatted: Font: Arial (1) Adequate provision is made in the Master Financing Agreement and the Schedule and related documents for the installation, operation, repair and maintenance of the Equipment and the renovations necessary for the installation thereof at the expense of the Corporation and for the payment of principal of and interest on the Loan by the Corporation; and ........... Formatted: Font: Axial C.-R. Mit3105 -1 16K3 (m)—It is now desirable to authorize the making of the Loan and the execution and delivery of certain documents in connection therewith. — Formatted: Font: Anal Section 2. Making of Loan Authorized, of Form and Execution ant Formatted: Right: - 0.03", Tabs: 0 ", Left+ i ", Left+ t.s", Left+ Delivery of the Master Financing Agreement and Schedule. The making of the Loan as 2 ", Left + 2.5 ", Left + 3 ", Left + contemplated by the Master Financing Agreement and the Schedule, in a principal amount not to 3.5 ", Left + 4 ", Left + 4.5", Left + ", ", exceed $15,000,000, at an interest rate not to exceed 9% per annum or such other rate as may be 5 ", Left + 5.5 Left + 6 Left + 6.5 ", Left approved by the Authority, are approved. The form of the Master Financing Agreement is and Schedule as presented to this meeting is hereby approved and the Chairman or the Vice Deleted. Chairman is authorized to execute and deliver the Master Financing Agreement and the Schedule insertions, Deleted: schedule CDeletedforni in substantially the orms thereof presented to this meeting, with such changes, modifications and deletions as shall be necessary to conform to this Resolution and with such other changes, insertions, modifications and deletions as may be required by Bond Counsel or the General Counsel of the Authority and which shall be approved by the Chairman or Vice Delebed:cnairn,an Chairman (which approval shall be conclusively presumed from the execution thereof). The Issuer hereby recommends and requests that the Board of County Commissioners of the Count I Deleted: county approve the making of the Loan. Section 3. Actions of Officers. All actions of officers of the Issuer heretofore taken in conformity with the purposes and intent of this Resolution and in furtherance of the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof are hereby approved and confirmed. The officers, employees and agents of the Issuer are hereby authorized and directed to take such further actions in conformity with the purposes and intent of this Resolution and in furtherance in the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof as may be necessary or desirable. Such officers, employees and agents of the Issuer are hereby authorized and directed to execute such closing certificates and documents relating to the Loan as may be requested by Bond Counsel, including, but not limited to, an Escrow Agreement and a Tax Certificate setting forth the expected use and investment of the proceeds of the Loan in order to show, among other things, that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1985, as amended. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. ADOPTED December 12, 2005. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY J. R. Humphrey, Chainnan C-R. (21(3/05 4v",p Attest: Assistant Secretary C.R. IZ/BfQ5 4f 1.6 K3 RESOLUTION 2005 -03 RESOLUTION AUTHORIZING THE MAKING OF A LOAN TO NAPLES COMMUNITY HOSPITAL, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN EQUIPMENT AND AUTHORIZING THE EXECUTION OF A MASTER FINANCING AGREEMENT AND A SCHEDULE OR SCHEDULES THERETO RELATED TO SUCH LOAN AND RELATED DOCUMENTS; PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: Section 1. Findings. It is hereby found, determined and declared that: (a) The Collier County Industrial Development Authority (the "Issuer ") is a public corporation of the State of Florida, was duly created by Resolution R -79 -34 of the board of County Commissioners of Collier County, Florida, a body corporate and politic duly created and existing as a local governmental body, a public instrumentality and an industrial development authority for the purposes of financing qualified projects in Collier County, Florida (the "County "), under and by virtue of Chapter 159, Parts II and III, Florida Statutes, as amended (the "Act ") by the issuance and sale of its obligations for lawful purposes under the Act; (b) Naples Community Hospital, Inc. (the "Corporation ") is a Florida not -for- profit corporation, which owns and operates hospitals and other health - related facilities located in the County; (c) The Corporation desires to finance the cost of acquiring certain capital equipment for its healthcare facilities (the "Equipment "), and making certain renovations for the installation thereof, for use in or in connection with the health care facilities of the Corporation at Naples Community Hospital, which is located at 350 7t" Street North, Naples, Florida, and North Collier Hospital, which is located at 11190 Health Park Boulevard, Naples, Florida; (d) The Issuer has received an application of the Corporation pursuant to which the Corporation has requested that the Issuer provide assistance in connection with the financing of the Equipment and the renovations necessary for the installation thereof, including the payment of certain expenses incurred in connection with obtaining such financing, all as more particularly described in and subject to that certain schedule dated as of December 1, 2005 or such other date as may be approved by the Authority (the Lk. Iz�i3 �aS � 16 K3 "Schedule ") to the Master Financing Agreement, dated as of December 1, 2005 (the "Master Financing Agreement "), by and among the Issuer, the Corporation and GE Capital Public Finance, Inc. or its successors ( "GECPF "), pursuant to which GECPF will provide funds to the Issuer to make a loan (the "Loan ") to the Corporation for such purposes; (e) In order to satisfy the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Issuer did on the date hereof hold a public hearing, which public hearing was duly conducted upon reasonable public notice, a copy of which notice is attached hereto as Exhibit A and at such public hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the Equipment and the renovations necessary for the installation thereof and to the financing and the making of the Loan; (f) At said hearing, no person spoke or wrote in opposition to the Equipment and the renovations necessary for the installation thereof or the financing and the making of the Loan; (g) The purposes of the act will be effectively served by the making of the Loan; (h) There has been presented to this meeting proposed forms of the Master Financing Agreement and the Schedule; (i) The Equipment and the renovations necessary for the installation thereof constitute a project eligible for financing under the Act; (j) Due to the volatility of the tax - exempt bond market, it is necessary and desirable and in the best interests of the Issuer and the Corporation to enter into a negotiated transaction with GECPF; (k) The Corporation has represented that it is financially responsible and fully capable of fulfilling its obligations under the Master financing Agreement and the Schedule and performing such other responsibilities as may be imposed upon it under the Master Financing Agreement and the Schedule; (1) Adequate provision is made in the Master Financing Agreement and the Schedule and related documents for the installation, operation, repair and maintenance of the Equipment and the renovations necessary for the installation thereof at the expense of the Corporation and for the payment of principal of and interest on the Loan by the Corporation; and c:R. (Zh3/0s -4 (�K3 (m) It is now desirable to authorize the making of the Loan and the execution and delivery of certain documents in connection therewith. Section 2. Making of Loan Authorized; Approval of Form and Execution and Delivery of the Master Financings Agreement and Schedule. The making of the Loan as contemplated by the Master Financing Agreement and the Schedule, in a principal amount not to exceed $15,000,000, at an interest rate not to exceed 9% per annum or such other rate as may be approved by the Authority, are hereby approved. The form of the Master Financing Agreement and Schedule as presented to this meeting is hereby approved and the Chairman or the Vice Chairman is authorized to execute and deliver the Master Financing Agreement and the Schedule in substantially the forms thereof presented to this meeting, with such changes, insertions, modifications and deletions as shall be necessary to conform to this Resolution and with such other changes, insertions, modifications and deletions as may be required by Bond Counsel or the General Counsel of the Authority and which shall be approved by the Chairman or Vice Chairman (which approval shall be conclusively presumed from the execution thereof). The Issuer hereby recommends and requests that the Board of County Commissioners of the County approve the making of the Loan. Section 3. Actions of Officers. All actions of officers of the Issuer heretofore taken in conformity with the purposes and intent of this Resolution and in furtherance of the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof are hereby approved and confirmed. The officers, employees and agents of the Issuer are hereby authorized and directed to take such further actions in conformity with the purposes and intent of this Resolution and in furtherance in the making of the Loan and the financing of the Equipment and the renovations necessary for the installation thereof as may be necessary or desirable. Such officers, employees and agents of the Issuer are hereby authorized and directed to execute such closing certificates and documents relating to the Loan as may be requested by Bond Counsel, including, but not limited to, an Escrow Agreement and a Tax Certificate setting forth the expected use and investment of the proceeds of the Loan in order to show, among other things, that such expected use and investment will not violate the provisions of Section 148 of the Internal Revenue Code of 1985, as amended. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. ADOPTED December 12, 2005. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY 2 J. R. Humphrey, Chairman �z/I3 /os ��6K3 Attest: Assistant Secretary COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Domestic Animal Services Person: Margo Castorena, Director Date: 11/22/05 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. December 13, 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 amend Ordinance 93 -56, as amended, and codified in the Code of Laws and Ordinances of Collier County, Florida, as Chapter 14, Article 1I, which regulates and controls animals within the area of Collier County, specifically amending Section 14 -34, pertaining to license certification and rabies vaccinations for dogs, cats, and ferrets, increasing license costs, and providing an effective date. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 001- 155410- 649100 / Revie e, b} yarl Ramsey Dfvi,*h Admihiktrator or Designee CT List Attachments: Ordinance 11/22/05 Date DISTRIBUTION INSTRUCTIONS 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 NL : Date Received: t ZZ OS Date of Public hearing: 12-f(3 Date Advertised: tZ•fZ /C5 1 7 A ORDINANCE 2005- AN AMENDMENT OF ORDINANCE 93 -56, AS AMENDED, AS CODIFIED IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AMENDING SECTION 14 -34, PERTAINING TO LICENSE CERTIFICATION AND RABIES VACCINATIONS FOR DOGS, CATS, AND FERRETS, INCREASING LICENSE FEES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 93 -56, as amended, known as License certificate; tags, vaccination required, which requires owners of dogs and cats to obtain county licenses for the animals and to have the animals vaccinated yearly; and WHEREAS, the Florida Legislature has amended § 828.30, Florida Statutes, which requires rabies vaccination of all dogs, cats, and ferrets; and WHEREAS, the Board has determined that it is necessary to amend Collier County's local animal regulations to be consistent with § 828.30, Florida Statutes, WHEREAS, the Board has determined, based on recommendations of County Staff, that the license fees for non - neutered dogs or cats one year of age or older may be increased in the best interests of the County, to promote responsible pet ownership, responsible pet breeding, and to assist with administrative costs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Ordinance 93 -56, as amended, and codified as Section 14 -34 in the Code of Laws and Ordinances is amended as follows: 1 1 7 A SECTION ONE: Article II, Sec. 14 -34, License certificate; tags, vaccination required, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 14 -34. License certificate; tags, vaccination required. (a) Any owner of a dog or cat shall obtain a county license for each such animal when the animal is four three months old or older. (1) The license will be issued for a period of one year and is required to be renewed annually thereafter and must remain current at all times. (2) The certificate of license shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. (3) A metal tag designating the year of issue and license number shall be issued. (4) The metal tag shall be affixed to the animal's collar or harness at all times, except when the animal is confined, securely fenced or participating in an organized match, show, trial, or obedience training. (5) The license issued under this section shall not be transferable from animal to animal nor from owner to owner. (6) Each license and tag must be obtained from persons designated by the county administrator. License forms provided by the director of animal control for the registration and licensing of dogs and cats shall be completed and be submitted to the director of animal control. (b) Any owner of a dog, or cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four tree months old or older. The owner of every dog, cat and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this article. No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's health. (c) (1) Cost of annual license for dog or cat is: $7.00 for neutered. Words underlined are added; words stfurak threugh are deleted. 2 1 7 A $8.00 non - neuter under one year of age, $25.00 if non - neutered and one year of age or older. Exception: This annual fee shall be $25.00,$10.00 if the non - neutered dog or cat is more than one year of age and is a breeding pet or a show pet owned by a county licensed kennel or by any owner of the kennel. The animal's owner is responsible for providing proof that his or her cat or dog has been neutered. (2) Cost of obtaining duplicate tag is $4.00. (3) The cost of such license is waived for persons who are legally blind or deaf and whose dog is a seeing -eye dog, a hearing -ear dog, or a law enforcement dog certified as such by a court of law or other authorized governmental certifying agency. (4) License fees established by this article may from time to time be revised by resolutions of the board. (Ord. No. 93 -56, § 2; Ord. No. 01 -39, § 1, 6- 26 -01) SECTION TWO: Effective Date. This Ordinance shall become effective on January 1, 2006. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 2005. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Words underlined are added; words stfuek thfough are deleted. K3 1 7 A ORDINANCE 2005- AN AMENI)l4 EN "I' OF ORDINANCE 93 -54r, AS AMENDED, AS COD IED IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, CHAPTER lit, ARTICLE, 11, WHICH EtEGULA'I`E.S AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY. Y. A1wII:.NDINC SECTION 14 -34, PERTAINING TO LICENSE C'FRTIFICATIOIN AND RABIES VACCINATIONS FOR DOGS, CATS, AND FERRETS, INCREASING LICENSE FI}E& AND PROVtDIt+G AN EWFEC "IyM DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 93 -56, as amended, known as License certificate; tags, vaccination rquirc 1. which requires owners of dogs and cats to obtain county liccnscs for the animals and to have the animals vaccinated yearly; and WHEREAS, the Florida Legislature has amended § 828.30, Florida Statutes, which requires rabies vaccination of all dogs, cats, and ferrets; and WHEREAS, the Board has determined that it is necessary to amend Collier County's local animal regulations to be consistent with § 828.30, Florida Statutes, WHEREAS, the Board has determined, based on recommendations of County Staff, that the license fees for non - neutered dogs or cats one year of age or older may be increased in the best interests of the County, to promote responsible pet ownership, responsible pet breeding, and to assist with administrative costs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Ordinance 93 -56, as amended, and codified as Section 14 -34 in the Code of Laws and Ordinances is amended as follows: 1 7 A SECTION ONE; Article 11, Sec. 14 -34, License certificate; tags, vaccination required, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 14-34. License certificate; tags, vaccination required. (a) Any owner of a dog or cat shall obtain a county license for each such animal when the animal is four thm months old or older. (1) The license will be issued for a period of one year and is required to be renewed annually thereafter at�i enlist rc�ns�ili urrsrr nl.i tt (2) The certificate of license shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. (3) A motal tag designating the year of issue and license number shall be issued. (4) The metal tag shall be affixed to the animal's collar or harness at all times, except when the animal is confined, securely fenced or participating in an organized match, show, trial, or obedience training, (5) The license issued under this section shall not be transferable from animal to animal nor from owner to owner. (6) Each license and tag must be obtained from persons designated by the county administrator. License forms provided by the director of animal control for the registration and licensing of dogs and cats shall be completed and be submitted to the director of animal control. (b) Any owner of a dog ee cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four fiwee months old or older. a n ter o evc y , cat, anal lcrrct 511allavt tJte attintai r to itthsllcr the niter va i'rtatita Tlner4.ajl r,_t�ne 'n�„ ten hctwe n v c4i a 'ont siisl �aj7 #'czr tt o t s a n c(rtc tt5nr ifa4tur r clir c ions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this article. No vaccination is required if a licensed veterinarian certifies ut writing that the vaccination would endanger the animal's health. (c) (l) Cost of annual license for dog or cat is: $7.00 for neutered. 4V-d' H?gqht)vj Arc UJCWJ: s Unk dvl¢icxl. 1 7 $8.00 non - neuter under one year of age, $25.00 if non - neutered and one year of age or older. Exeeptiane The Tkis- annual fee shall be $25.00 $40M if the non - neutered dog or cat is more than one year of age and is a breeding pet or a show pet owned by a county licensed kennel or by any owner of the kennel. The animal's owner is responsible for providing proof that his or her cat or dog has been neutered. (2) Cost of obtaining duplicate tag is $4.00. (3) The cost of such license is waived for persons who are legally blind or deaf and whose dog is a seeing -eye dog, a hearing -ear dog, or a law enforcement dog certified as such by a court of law or other authorized governmental certifying agency. (4) License fees established by this article may from time to time be revised by resolutions of the board. (Ord. No. 93 -56, § 2; Ord. No. 01 -39, § 1, 6- 26 -01) SECTION TWO: Effective Date. This Ordinance shall become effective on January 1, 2006. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of _ . 2005. ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk Approved as to form and l+:g.4 sutliciency: C'ollecn lvi. (.r�:cne Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Words underlined are added; words 60mok-thfow ,are deleted. 3 0'.. 1 7 A November 23, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending 93 -56; Animal Control Dear Legals: Please advertise the above referenced notice on Friday December 2, 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 P.O. /Account # 001 - 155410- 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 1 7 p Notice is hereby given that on Tuesday, December 13, 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 AMENDMENT OF ORDINANCE 93 -56, AS AMENDED, AS CODIFIED IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AMENDING SECTION 14 -34, PERTAINING TO LICENSE CERTIFICATION AND RABIES VACCINATIONS FOR DOGS, CATS, AND FERRETS, INCREASING LICENSE FEES, AND PROVIDING AN 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 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 Ann P. Jennejohn To: legals @naplesnews.com Subject: Animal Control Ordinance Attachments: Amending Ordinance 93- 56.doc; AMEND ORD 93- 56.doc Good Morning, Please advertise the attached on Friday, December 2, 2005. r_j Amending Thank you, dinance 93- 56.doc Ann 774 -8406 0-1 AMEND ORD 93- 56.doc (23 KB) 1 7 "A 1 7 A Ann P. Jenneiohn From: ClerkPostmaster Sent: Wednesday, November 23, 2005 9:51 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT1184052.txt; Animal Control Ordinance El ILI ATT1184052.txt Animal Control (229 B) Ordinance 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 From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, November 23, 2005 9:51 AM To: Ann P. Jennejohn Subject: Delivered: Animal Control Ordinance Attachments: Animal Control Ordinance LI Animal Control Ordinance <<Animal Control Ordinance>> Your message To: legals@naplesnews.com Subject: Animal Control Ordinance Sent: Wed, 23 Nov 2005 09:50:51 -0500 was delivered to the following recipient(s): legals on Wed, 23 Nov 2005 09:51:02 -0500 1 1 7 A Animal Control Ordinance Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, November 23, 2005 10:17 AM To: Ann P. Jennejohn Subject: RE: Animal Control Ordinance OK - - -- Original Message---- - From: Ann P. Jennejohn [ma i Ito: Ann .Jennejohn @clerk.colIier.f1.us] Sent: Wednesday, November 23, 2005 9:51 AM To: legals @naplesnews.com Subject: Animal Control Ordinance Good Morning, Please advertise the attached on Friday, December 2, 2005. Thank you, ORD 93- 56.doc>> Ann 774 -8406 11/23/2005 <<Amending Ordinance 93- 56.doc>> Page 1 of 1 JW 7 <<AMEND CONS BEER T E otice is hereby give 7A tat on Tuesday. De• 0 uomer aounzy uovern- Tent Canter, 8301 East NAPLES DAILY NEWS `Tamlami Trail Naples "Florida, the hoard of Published Daily County Commissioners Naples, FL 34102 will consider the enact - ment of a County Ordi- Before the undersigned they serve as the authority, personally . nance. The meeting will commence at 9:00 A.M, Affidavit of Publicationo� The title of the pro - a gOrdinance Is as serve as the Assistant Corporate Secretary of the Naples Daily, THE AREA OF COLLIER COUNTY, AMENDING State of Florida AN AMENDMENT OF OR- Florida; distributed in Collier and Lee counties of Florida; that DINANCE 93 -56, AS Collier AMENDED, CODIFIED County of IN THE CODE OF LAWS j AND ORDINANCES OF / COLLIER COUNTY, Before the undersigned they serve as the authority, personally ARTICLE FLORIDA, 11, CHAPTER WHICH appeared B. Lamb, who on oath says that they REGULATES AND CON- TROLS ANIMALS WITHIN serve as the Assistant Corporate Secretary of the Naples Daily, THE AREA OF COLLIER COUNTY, AMENDING a daily newspaper published at Naples, in Collier County, SECTION 14 -34, PERTAIN - Florida; distributed in Collier and Lee counties of Florida; that ING TO LICENSE CERTIFI- CATION AND RABIES the attached copy of the advertising, being a VACCINATIONS FOR' DDOOTS' CATS A D R- CENSk FEES. AND PRO PUBLIC NOTICE - DATE. G AN EFFECTIVE Copies of the proposed in the matter of Public Notice 0e are on file th t thehe Clerk to the as published in said newspaper I with Board and are available for Inspection. All Inter- ested parties are Invited teattend and be heard. time(s) in the issue December 2nd, 2005 NOTE: All persons wish - ing to speak on any t�nda Item must regis• ,miwith the Coun ad- nistrator prior to pre- sentation of the agenda . iant further says that the said Na les Daily News is a news a er P y P P Item to be addressed. Individual speakers will published at Naples, in said Collier County, Florida, and that the said be limited to 5 minutes newspaper has heretofore been continuous) published in said Collier an any Rem. The selec- tion of an individual to County, Florida; distributed in Collier and Lee counties of Florida, at the speak on behalf of an ecoura or group is each day and has been entered as second class mail matter post enncouragg eded . If recog- office in Naples, in said Collier County, Florida, for a period of 1 J ed by the Chairman, y ear next preceding the first publication ofthe attached copy of spokesperson for a &Ouwor organization advertisement; and affiant further says that he has neither paid nor tpAy be allotted 10 min - u es to speak on an promised any person, firm or corporation any discount, rebate, Item. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. have written sort graphic Included in materials the Board agenda pack- ets must submit said 'Material a minimum of 3 ( Sl tilts Of affiant) weeks prior to the re- 4aective nublic hearing. Sworn to and subscribed before me E1h'e approprlate County � This December 2nd, 2005 staff a minimum o the ,� days prior to the j All pu bbllc hearing. All me- / lsriai used In s before the Board ! become a perma- (Signature of notary public) part of the record. a�to appeal andecision v#, the Board will need a r4 cord of the proceed- 11 i�USf1UY1 thereto and therefore, may n io ensure that a the ve m record of r is made, wp.igasdings Yyrtich record Includes tfte testimony and eyl- BOARD OF COUNTY C011SIONERS CIDp LlIER COUNTY, FRED LE, CHAIRMAN DWI T E. BROCK, C1.W Sy: GAnn Jennelohn, Dep- t No. 1269662 ORIGINAL DOCUMENTS CHECKLIST & RO TIN TO ACCOMPANY ALL ORIGINAL DOCUMENT T r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper Attach to original doctim nt. 0Iwilial documents should he hand delivered to the Board Otfice. l'hc completed routine slip ;utd original documents are to he lorcvardcd to the Board OIIice 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 routin lines # I throu h #4, complete lete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials 1. 530 -7387 Agenda Date Item was Approved b the BCC 2. Agenda Item Number 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. 3. Type of Document Attached Ordinance 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. One 5. Sue Filson, Executive Manager Board of County Commissioners 5. 6. Minutes and Records Clerk of Court's Office Date I 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 Margo Castorena Phone Number 530 -7387 Agenda Date Item was Approved b the BCC 12/13/05 Agenda Item Number 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. 17 Type of Document Attached Ordinance Number of Original Documents Attached "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. One INSTRUCTIONS & CHECKLIST I. 2. Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate, 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 Office and all other parties except the BCC Chairman and the Clerk to the Board Yes (Initial) MC MC N/A (Not A licable) 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. MC 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. MC 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! MC 6. The document was approved by the BCC on 12/13/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorney's Office has reviewed the changes, if applicable. MC I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17A ORDINANCE 2005- 67 AN AMENDMENT OF ORDINANCE 93 -56, AS AMENDED, AS CODIFIED IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AMENDING SECTION 14 -34, PERTAINING TO LICENSE CERTIFICATION AND RABIES VACCINATIONS FOR DOGS, CATS, AND FERRETS, INCREASING LICENSE FEES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations and ordinances for the protection of the public; and WHEREAS, the Board of County Commissioners of Collier County, Florida (Board) has adopted Ordinance 93 -56, as amended, known as License certificate; tags, vaccination required, which requires owners of dogs and cats to obtain county licenses for the animals and to have the animals vaccinated yearly; and WHEREAS, the Florida Legislature has amended § 828.30, Florida Statutes, which requires rabies vaccination of all dogs, cats, and ferrets; and WHEREAS, the Board has determined that it is necessary to amend Collier County's local animal regulations to be consistent with § 828.30, Florida Statutes, WHEREAS, the Board has determined, based on recommendations of County Staff, that the license fees for non - neutered dogs or cats one year of age or older may be increased in the best interests of the County, to promote responsible pet ownership, responsible pet breeding, and to assist with administrative costs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Ordinance 93 -56, as amended, and codified as Section 14 -34 in the Code of Laws and Ordinances is amended as follows: J 1 17A I � SECTION ONE: Article II, Sec. 14 -34, License certificate; tags, vaccination required, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 14 -34. License certificate; tags, vaccination required. (a) Any owner of a dog or cat shall obtain a county license for each such animal when the animal is four twee months old or older. (1) The license will be issued for a period of one year and is required to be renewed annually thereafter and must remain current at all times (2) The certificate of license shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. (3) A metal tag designating the year of issue and license number shall be issued. (4) The meta} tag shall be affixed to the animal's collar or harness at all times, except when the animal is confined, securely fenced or participating in an organized match, show, trial, or obedience training. (5) The license issued under this section shall not be transferable from animal to animal nor from owner to owner. (6) Each license and tag must be obtained from persons designated by the county administrator. License forms provided by the director of animal control for the registration and licensing of dogs and cats shall be completed and be submitted to the director of animal control. (b) Any owner of a dog, of cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four Ow" months old or older. The owner of every dog, cat and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this article. No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's health. (c) (1) Cost of annual license for dog or cat is: $7.00 for neutered. Words underlined are added; words # are deleted. 2 1 ?A . $8.00 non - neuter under one year of age, $25.00 if non - neutered and one year of age or older. &wept The Tl+is- annual fee shall be $25.00 $44AG if the non - neutered dog or cat is more than one year of age and is a breeding pet or a show pet owned by a county licensed kennel or by any owner of the kennel. The animal's owner is responsible for providing proof that his or her cat or dog has been neutered. (2) Cost of obtaining duplicate tag is $4.00. (3) The cost of such license is waived for persons who are legally blind or deaf and whose dog is a seeing -eye dog, a hearing -ear dog, or a law enforcement dog certified as such by a court of law or other authorized governmental certifying agency. (4) License fees established by this article may from time to time be revised by resolutions of the board. (Ord. No. 93 -56, § 2; Ord. No. 01 -39, § 1, 6- 26 -01) SECTION TWO: Effective Date. This Ordinance shall become effective on January 1, 2006. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this l3 day of DE�--€_0'7 (3C K_ 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA s -- v Deputy Clerk f } ,It `0 Zo Chairman's f pn1 Approve as''to form and legal sufficiency: Colleen M. Greene Assistant County Attorney By: FRED W. COYLE, CHXA_;� N Words underlined are added; words &Wm&dWeugh -are deleted. 3 STATE OF FLORIDA) COUNTY OF COLLIER) 17A:: z I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct COPY of: ORDINANCE 2005 -67 Which was adopted by the Board of County Commissioners on the 13th day of December, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of December, 2005. DWIGHT E. BROCK Clerk of Courts an;�Zerk Ex- officio to :$ (5ar-d "of County CommisspX,drs BY • Ann Je nej o ;•�? Deputy CleY-k JJj; 11121,12005 09:27 2396436968 COLLIER CTY ZONING PAGE 01102 COLLIER COUN'CY OF P 11LIC HEARINGS GAL ADVFRTIS REQUESTi FOR LE To: Clerk to the Board: Please place the following as 5: xm Normal Legal Advertisement Other: r *♦ wwNw!*# w## ww## wA* w• k* fww* ie, r*# iw*+ e**# w, k* w! 1*# ww* t** AwR* i, RMlwVr# �w## i**, tR*, M4rAwwN *wwtl #s * *ww *kM*,hwwtMww *Mir * * #i Date: Originating ]Dept/ Div: Comm.Day.Ser - /PIanniPgPerson: Carolina Valera pine Rid a Corners FUDA Petition Na. (If none, give brief description); PUDEX- 2005 -AR -7951, g petitioner: (Nmus & Address}: or, 2223 Trade Center Way, Naples, Fl. 34109 Butler Engineering, Inc., J. Gary But' s of an person($) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Teryl H• Brzeski TV Name & Address y Sam Hubschman, Trustee, 514? Sea Horse Ave., Nap les, Fl. 34103 Hearing before BCC .32A Other Requested Hearing date: X105 Based on advertYSexttCnt appearing 1L days before hearing. Newspapers) to be used.: (Complete only if important): Naples Daily News Other Legally Required XXX Nap 99X'12 n Aft -79 1, Teryl H. Brzeski, r,r,nn FUL` ear extension of the fine Ridge Corners, on 7, The subject Proposed Text: (lncf.ude legal description & conuno istseques ing a 2.y ear � -- represented by J, Gary Butler, of Butler Engineering, consisting, of 4.22 acres, is located north of Pine Ridge Road) 1!6 mile east of Whipporwill Lane, in Section 7, Township 4 property, 8 South, Mange 26 East, Collier County, Florida. C=psnion petition(s), if any & proposed hearing date: Does Petition Fee include advertising eost4 Yes Na if Yes, what account should be charged for advertising costs: 113 - 138312 - 649110 Approved by Reviewed by: �- Date epart:nent Head to County Manager List Attacbments: D1 UTJ N RU IONS and obtain Division Head approval before A. For hearings before BCC o r Note: If legal document is involved, be sure that any necessary legal review, or request for r BZA: initiating person to complete one copy submitting to County 1Vlanag ame is submitted to County Attorney before aubrnitti »g to County Manager. The Manager's office will distribute copies: $ , County Manager agenda file: to Requesting Division Original Clerk's Office for file. F]. Other hearings: initiating Division head to approve and submit original to Clerk's Offic a co e, retaining PY #ww*# week# wwR#• x#** rN#**! r# rw##* w*#+ w*►* �e#* w, r## wrrw* rw, w, rR, vwwww** x*#+ ervw* wwA.# wwwYewww *ww #�M #rwwwktMAww,wwa�,+rw,� FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: �_.__ 1/21.'2305 09:27 2395436969 COLLIER CTV ZONING RESOLUTION 2005 A RESOLUTION BY THE BOARD OF COUNTY COMl'VIISSIONFRS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPNS TT CODE AMC`r1NG ORDINANGF? 46 -61 MOWN AS C iRREN�TOPUDOAPPROV TO EPTEMBER 9 2007; AND PROVIDING AN' FMCTIVE DATE. PA6EE 92/02 i 17 AREAS, the Pine Ridge Corners PUD, Ordinance 96 -61 adopted on June " b 3 , 190S, (PUD; is subject to the provisions of Section 10.02.13 D., of the Land Development Cole (I:UC), Time Limits for Approved PUU Toning Districts together with their respective Master flans; and SAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS. the Board of County Commissioners extended the Pine Ridge Corners PUD to September 9, 2005, by Resolution Number 2003-297 on September 9,2003-, and '% AS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two (2) years, until September 9, 200'7• NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Col"" County, Florida that: i 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 the above cited LDC section, the current PUD approval is hereby extended. to September 9, 2007 at the and 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 TT I�VRRTHBR 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 super majority vote. Done this __...�— day of , 2005- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN'T'Y, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: lz:�-\ cL �..�, Iennifer A. Belpedi Assistant County AttofMy BY: par, IofI FRED W. COYLE, CHAIRMAN COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 7 B 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: Carolina Valera Date: 10 , 1Z. 05 Petition No. (If none, give brief description): PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA Petitioner: (Name & Address): Butler Engineering, Inc., J. Gary Butler, 2223 Trade Center Way, Naples, Fl. 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Teryl H. Brzeski TR, Sam Hubschman, Trustee, 5147 Sea Horse Ave., Naples, Fl. 34103 Hearing before BCC BZA Other Requested Hearing date: 11115105 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 -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 Whipporwill Lane, in Section 7, Township 49 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: epartment 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: I `] !� Date of Public hearing: g: II �� � Date Advertised: RESOLUTION 2005 — 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 96 -61 KNOWN AS PINE RIDGE CORNERS PUD, EXTENDING THE CURRENT PUD APPROVAL TO SEPTEMBER 9, 2007; AND PROVIDING AN EFFECTIVE DATE. 1 7 WHEREAS, the Pine Ridge Corners PUD, Ordinance 96 -61 adopted on June 23, 1998, (PUD) 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 extended the Pine Ridge Corners PUD to September 9, 2005, by Resolution Number 2003 -297 on September 9, 2003; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two (2) years, until September 9, 2007. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals 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 the above cited LDC section, the current PUD approval is hereby extended to September 9, 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 super majority vote. Done this day of ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Atto ey 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LO- Page 1 of 1 FRED W. COYLE, CHAIRMAN 1 7 B October 17, 2005 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA 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, Heidi R. Rockhold, Deputy Clerk Acct. # /P.O.# 113 - 138312 - 649110 1 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, 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. The Board will consider Petition PUDEX- 2005 -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 Whipporwill Lane, in Section 7, Township 49 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 COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Cou zn _of- Callher B 1 CLERK OF THt 7 CIRCUIT COURT _ Dwight E. Brock COLLIER COUNTY URTgOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 4A1044 Accountant NAPLES, FLORIDA ",3$101 -30 }4 Auditor Custodian of County Funds October 17, 2005 Butler Engineering, Inc. J. Gary Butler 2223 Trade Center Way Naples, Florida 34109 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA 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.%B�ROCK, CLER,K� � ctLE.t1 e 'Ze eidi R. Rockhold, Deputy Clerk Enclosure Rhone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(ii)clerk collier.fl.us Cha�unty -of -C- 101her B 7 CLERK OF THI CIRCUIT COURT 1 Dwight E. Brock COLLIER COUNTY URTl'OUSE 3301 TAMIAMI IL EAST Clerk of Courts Clerk of Courts P.O. BOX 44044 Accountant NAPLES, FLORIDA" 101 -3(44 Auditor Custodian of County Funds October 17, 2005 Teryl H. Brzeski TR Sam Hubschman, Trustee 5147 Sea Horse Avenue Naples, Florida 34103 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA 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 feidii R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk(&clerk collier. fl. us Heidi R. Rockhold From: Heidi R. Rockhold Sent: Monday, October 17, 2005 11:21 AM To: 'legals @naplesnews.com' Subject: PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA Attachments: PUDEX- 2005- AR- 7951.doc; PUDEX- 2005- AR- 7951.doc Legals, Please advertise the above mentioned notice on Sunday, October 30, 2005. PUDEX- 2005 -AR -79 PUDEX- 2005 -AR -79 51.doc (30 KB)... 51.doc (28 KB)... If you have any questions, please call. Heidi R. Rockhold, Minutes and Records Department 239 -774 -8411 ( heidi. rockhold (aclerl- .collier.fl.us) Heidi Rockhold 1 7 0 Heidi R. Rockhold I From: ClerkPostmaster Sent: Monday, October 17, 2005 11:21 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT3573208.txt; PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA El LI ATT3573208.txt PUDEX- 2005 -AR -79 (231 B) 51, Pine Ridge... 'This is an aut073 allC,all ' generated Delivery .Status No It lL'ation. Yom- message has %7('en suc cessfiilly, relaYed to the.1blIovving recipients, but 1he requested del veil' slatit.S notl f ications i a.Y, not be generated by the dc tination. Heidi Rockhold Heidi R. Rockhold 1 7 From: System Administrator [postmaster @naplesnews.com] Sent: Monday, October 17, 2005 11:20 AM To: Heidi R. Rockhold Subject: Delivered: PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA Attachments: PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA L PUDEX - 2005 -AR -79 51, Pine Ridge... 'Pt.,T)EX -200 -AR -79 .1, Pine Ii id[ ,e CryOi'ideFs PUDA >> Your message To.- lega/s`Gi�nrxple. trew..coav Sul ?ject: PLID1 F= 2005 -AR -7951. Pine Ri(4,,e Corners PUDA Sent: !lion, 17 Oct 2005 11:20:50 -0400 tv as° delivered to theJ611mving recipient(s): leguls on Mon, 17 Oct 2005 11:20: 0 3 -0400 Heidi Rockhold PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, October 17, 2005 11:55 AM To: Heidi R. Rockhold Subject: RE: PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA OK - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold @clerk.collier.fl.us] Sent: Monday, October 17, 2005 11:21 AM To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA LegaIs, Page 1 of 1 1 7 B Please advertise the above mentioned notice on Sunday, October 30, 2005. «PUDEX- 2005- AR- 7951.doc>> «PUDEX- 2005- AR- 7951.doc>> If you have any questions, please call. Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold @clerk. collier. fl. us) 10/17/2005 PUDNOAR 7951 R 7 C PUBUC HEARING 0 NAPLES DAILY NEWS tNhatlotite eoaa ocounty Published Daily COer coup y`witl hard a Naples, FL 34102 dy No emane iS, 2( Flo r, Adminls� tion Genter Affidavit of Publication Govaernmenit 3301 East TamlamI Trail. meeting Fw /ill begin at State of Florida 9:00 A.M. County of Collier The Board will consider' Petition PUDEX•2WS,AR- 1 7951, Teryl H.YSrzeskrly, Butler, of Bu Ier Engi Before the undersigned they serve as the authority, personally nee g Inc., is request• appeared B. Lamb, who on oath says that the pp Y y in a $• ear extension of the Ptne Ridge Cor- as the Assistant Corporate Secretary of the Naples Daily, ners, rty, The subject property, consisting of a daily newspaper published at Naples, in Collier County, acres, is located north of Pine Ridge Florida; distributed in Collier and Lee counties of Florida; that nor Roadp, or tulle east n j the attached co of the advertising, being a copy g g trei ono'r�wTownshV t Rit+�ge 26 East, South, Collier Coue ty, Florida PUBLIC NOTICE NOTE: All Persons wish- ing to speak on any agenda item must reg is- ter with the County Ad-, in the matter of Public Notice r ministrator prior to pre -] ion the agenda] as published in said newspaper 1 P Item tto be addressed. Item a will time(s) in the issue October 30th, 2005 in8lvidual speakers on any Rem, Theiselec•' on of an Individual to, speak on behalf of an organization or group is nizedrby Ahe ICfhair, a spokesperson for a, group or organization', Affiant further says that the said Naples Daily News is a newspaper may be allotted 10 min - i utes to speak on an published at Naples, in said Collier County, Florida, and that the said item. newspaper has heretofore been continuously published in said Collier persons wishing to County, Florida; distributed in Collier and Lee counties of Florida, have written or graphic each day and has been entered as second class mail matter at the post materials Included In the Board agenda pack- oce in Naples, in said Collier County, Florida, for a period of 1 ffi ets must su�mit said a mkt mum of 3 year next preceding the first publication of the attached copy of material weeks prior to the re- s that he has neither aid nor advertisement; and affiant further says P spective public hearing. promised any person, firm or corporation any discount, rebate, In an yy case, written ma- tonsid Intended to be commission or refund for the purpose of securing this advertisement for P 'P g considered by the Board to publication in the said newspaper. shall be submitted the appropriate County { staff aYmsinImum of sev- / j eubliic hearing r All ma ( Signature of affiant) tiio sl beffoore "fie ao �a nent pant of tft rr perma- Sworn to and subscribed before me Any person who decid -, es to appppeea�l a decision a=l of the will need a This October 31st, 2005 e the proceed -I re cord of t ings pertaining thereto' need 1 and therefor!, may to ensure that a verba., tim record of the ro -! recor'a inciut a (Signature of notary public) tes- timony and evidencel upon which the appeal uli i�snnny is base(. 1,q� kb$9 EXPIRE: BOARD OF COUNTY COMMISSIONERS Jt l ��0/ i COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK,1 CLERK Clerk R. Rockhold, peputHy (SEAL) Oct. 30 No. 1249726 Page 1 of 1 1 7 B Patricia L. Morgan From: brock_m [MaryBrock @colliergov.net] Sent: Tuesday, November 15, 2005 12:30 PM To: Minutes and Records Subject: Ann -Legal ad question/answer ... FW: legal ads See below, thanks, MJ From: johnson_c Sent: Tuesday, November 08, 2005 8:59 AM To: brock_m Subject: RE: legal ads Item AR 7403 Pine Ridge Mixed Use Center PUD was advertised and the title needs to be on the agenda. The other was not advertised for 11/15. From: johnson_c Sent: Tuesday, November 08, 2005 8:25 AM To: brock_m Subject: RE: legal ads Good morning Mary-Jo, Both have been continued to later dates. From: brock_m Sent: Tuesday, November 08, 2005 8:16 AM To:johnson_c Subject: legal ads Importance: High Good morning Connie, I have two legal ads for the 11/15 agenda, but I'm not seeing the titles ... maybe they weren't advertised ?? PUDZ -A- 2005 -AR -7403, Pine Ridge Mixed Use Center PUD and — cont'd to 11/29 PUDEX- 2005 -AR -7951, Pine Ridge Corners PUDA. — cont'd to ? ?? Thanks, MJ 11/15/2005 Page 1 of 1 1 7 B Patricia L. Morgan From: brock_m [MaryBrock @colliergov.net] Sent: Tuesday, November 15, 2005 3:27 PM To: Mudd, James; ochs_I Cc: SchmittJoseph; Minutes and Records Subject: FW: Please open -Legal Ad... Importance: High Jim and/or Leo ... Please read below into the record (bolded item) Thanks, MJ From: johnson_c Sent: Tuesday, November 15, 2005 3:25 PM To: brock m Cc: SchmittJoseph; murray_s; bellows—r; valera_c Subject: RE: Please open -Legal Ad... Mary-Jo, Jim will need to read the title into the record and it will be continued to the December 13 BCC meeting. I apologize for the error and inconvenience. Thanks, Connie Title: This item has been 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, 116 mile east of Whippoorwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida) From: brock_m Sent: Tuesday, November 15, 2005 3:02 PM To:johnson_c Subject: Please open -Legal Ad... Importance: High Connie, Minutes & Records called regarding the attached legal ad. They questioned why it wasn't on the agenda, I mentioned you and I discussed it and it wasn't advertised, they said they ran the ad and it appeared in the October 30 paper. Do I need to have Jim read the title into the record today as it being continued? Or does it just appear on the next agenda? Thanks, MJ 11/15/2005 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 f TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 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 #5). Route to Addressee(s) List in routing order Office Initials Date 1. Sandra Lea, Executive Secretary CDES (Initial) Applicable) 2. December 13, 2005 Agenda Item Number 17B 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, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 11 (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. (Initial) Applicable) Agenda Date Item was December 13, 2005 Agenda Item Number 17B 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 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 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 certaini time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 12/13/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's 4- V_ 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 17B MEMORANDUM Date: December 14, 2005 To: Carolina Valera, CDES Principal Planner From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -424 Enclosed please find one copy of the document, as referenced above, (Agenda Item #17B), approved by the Board of County Commissioners on Tuesday, December 13, 2005. If you should have any questions, please call 732 -2646. ext.7240 Thank you. Enclosure f 17B RESOLUTION 2005 =424 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 96 -61 KNOWN AS PINE RIDGE CORNERS PUD, EXTENDING THE CURRENT PUD APPROVAL TO SEPTEMBER 9, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pine Ridge Corners PUD, Ordinance 96 -61 adopted on June 23, 1998, (PUD) 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 extended the Pine Ridge Corners PUD to September 9, 2005, by Resolution Number 2003 -297 on September 9, 2003; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two (2) years, until September 9, 2007. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals 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 the above cited LDC section, the current PUD approval is hereby extended to September 9, 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 super majority vote. Done this �� day of �J Q e }� G'pr2005. ATTEST: DWIGHT E. BROCK, Clerk I ! E Is M! .I Jerk lit' *t ? a n s Apjfo.,vi!�l as a legal sufficiency: Jennifer A. Belpedio Assistant County Atto ey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 1 of 1 i