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Agenda 02/14/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ii"", ......~-...;; , -~'" '" ---_0,_ AGENDA February 14, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 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.) B. January 10, 2006 - BCC/Regular Meeting C. January 11, 2006 - BCCILDC meeting D, January 24, 2006 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation offering our appreciation and thanks to the Veteran's Transportation Program's volunteer drivers, office staff, and their families. To be accepted by Jim Elson, President of the Collier County Veterans Council. 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding member Award to Herbert Rosser Savage. B. Presentation by the City of Naples in appreciation for the County's assistance after Hurricane Wilma. To be presented by City Manager Dr. Robert Lee and Mayor Bill Barnett. 6. PUBLIC PETITIONS 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 CU-2004-AR-5439, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting a Conditional Use of the "En Estates district for earth mining per Table 2, Section 2.04.03 of the Land Development Code (LDC). The property is located between 54th Avenue N.E. and 56th Avenue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Companion Item: VA-2004-AR-5438 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition V A-2004-AR-5438 Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting an after-fha-fact variance from Section 4.02.02C of the Land Development Code (LDC) of the Estates Zoning District for earth mining to exceed the maximum site area (20 acres). The property is located between 54th Avenue N.E. and 56th Avenue N.E., in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Page 2 of 11 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7824 Pawel and Teryl Brzeski, represented by Gary Butler, of Butler Engineering, Inc., requesting a second two-year extension of the Magnolia Pond Planned Unit Development (PUD) granted by Ordinance Number 9849, and extended until June 9, 2005 by Resolution Number 04-284, pursuant to LDC Section 1 O,02.13.D. The subject property, consisting of 42.05 acres, is located on Magnolia Drive, west of Collier Boulevard, between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6932; R & S Development Company, LLC, represented by Kelly Michelle Smith, of Davidson Engineering, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a residential development to allow a maximum of 60 dwelling units, to be known as Sandalwood RPUD. The property to be considered for this rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. C. This item was continued from the January 24, 2006 BCC Meeting and is being requested to be further continued to the February 28, 2006 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress, is requesting a 2-year extension to the ASGM Business Center of Naples PUD. The PUD was originally approved on October 8,2002 as Ordinance 02-47, and sunset on October 8,2005. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard, approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. D. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Land Acquisition Advisory Committee. B. Appointment of members to the Pelican Bay MSTBU Advisory Committee. C. Appointment of members to the Code Enforcement Board. D. Appointment of member to the Board of Building Adjustments and Appeals. E. Discussion regarding the Collier County Ordinance No. 1995-66, as amended, regarding the Collier County Public Vehicle for Hire Ordinance to consider providing direction to change the language regarding trade names for companies. (Commissioner Henning) F. Discussion to approve a conceptual plan to acquire, in fee-simple or reduced price, current government-owned lands for earth mining and/or affordable housing (Commissioner Henning). Page 3 of 11 10. COUNTY MANAGER'S REPORT A. Recommendation for the approval of the third Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category. (Joseph K. Schmitt, Community Development and Environmetal Services Administrator) B. Request from the Collier County Housing Development Corporation that the Board of County Commissioners of Collier County donate the residential portion of the Bembridge PUD to be used for Affordable-Workforce Housing. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests andlor those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $5,809,000.00. (Norman Feder, Administrator, Transportation Services) D. This item to be heard at 11 :30 a.m. Request direction to staff to proceed with its due diligence review and contract preparation of proposed land exchange between Collier County and City of Marco Island. (Jim DeLony, Administrator, Public Utilities) E. Recommendation to approve award of bid 06-3941 in the Amount of $3,559,343 to Akennan Construction Company Inc. for the construction of the Potable Water Main along U S 41 from Lely Canal approximately 1600 feet east of Rattlesnake Hammock Road and US 41 Intersection to Barefoot Williams Road Project 71059. (Jim DeLony, Administrator, Public Utilities) F. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05- 3583 CEI Services for Collier Boulevard Road Projects for Project No. 65061 Collier Boulevard, Golden Gate Boulevard to Immokalee Road in the amount of $1,663,792.80. (Norman Feder, Administrator, Transportation Services) G. This item to be heard at 4:00 p.m. Presentation of options regarding user fees for the Vanderbilt Beach Parking Garage. (Marla Ramsey, Administrator, Public Services) H. Recommendation that the Board of County Commissioners adopt a Resolution calling for a Referendum Election on November 7,2006 to determine whether voters approve continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013 to continue to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands even after the $75 million dollar bond issue previously authorized by referendum on November 5, 2002 for such acquisition and management has been spent. (Joseph Schmitt, Administrator, Community Development; Michael Pettit, Assistant County Attorney) I. Recommendation to approve Collier County's Fiscal Year 2007 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 4 of 11 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners, pursuant to Section 286.011 (8), Fla. Stat., meet in executive (closed attorney-client) session at 12:00 p.m. on Tuesday, February 14, 2006, to discuss settlement negotiations and/or strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et. al., Case No. 02-1702-CA pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Assistant County Attorney Ellen T. Chadwell; Craig B. Willis, Esquire; and County Manager James V. Mudd. B. Recommendation that the Board of County Commissioners reject the settlement offer proposed by John P. Cardillo, Esquire on behalf of the North Naples Fire Control and Rescue District and give direction to outside counsel, Craig B. Willis, Esquire, and the Office of the County Attorney regarding counter-offers and litigation strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et al., Case No. 02-1702-CA (Goodlette- Frank Road Project No. 60134). C. This item was continued from the January 24, 2006 BCC Meeting. Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No. 94-136, and providing guidelines for consideration of applicants for appointment to Advisory Boards. D. Consider Proposed Settlement Agreement in reference to the lawsuit entitled Gordon Douglas v. Collier County Case no. 2:04-CV-545-FtM-33 DNF, now pending in the United States District Court for the Middle District Court for the Middle District of Florida, Fort Myers Division, and give direction to County Attorney regarding the litigation. E. Recommendation To Approve A Resolution To Establish The Habitat Conservation Plan Advisory Committee As An Ad-Hoc Committee; Providing For Creation And Purpose; Providing For Terms, Appointment Of Members, And Failure To Attend Meetings; Providing For Officers, Quorum, And Compensation; Providing Functions, Powers, And Duties; Providing For Dissolution Of The Committee; And Superseding Resolution No. 2005-174 In Its Entirety. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item{s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------.--------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve for recording the final plat of Fiddlers Creek South Commercial Center, approval of the standard fonn Construction and Maintenance Agreement and approval of the amount of the performance security. Page 5 of 11 2. Recommendation to approve for recording the final plat of Treviso Bay, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Glen of Naples. The roadway and drainage improvements will be privately maintained. 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Park. The roadway and drainage improvements will be privately maintained. 5. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Park Phase II. The roadway and drainage improvements will be privately maintained. 6. Recommendation to approve for recording the final plat of Artesia Naples, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7. Recommendation to approve for recording the final plat of Brentwood Two. 8. Recommendation to approve an Interim Management Plan for the Mcintosh property under the Conservation Collier Land Acquisition Program. 9. Recommendation to authorize the County Manager, or his designee, to submit a Florida Humanities Council minigrant proposal to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve for $5,002 (of which $2,000 will be reimbursable). 10. Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to a change in ownership and the subsequent recording of new deferral agreements in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. 11. Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to the deferred impact fees being repaid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) ofthe Collier County Code of Laws and Ordinances. 12. Recommendation that the Collier County Board of County Commissioners approve a budget amendment totaling $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. 13. Recommendation to authorize an additional permanent position of Supervisor for a new work team being established to provide improved land use project review and permitting application intake service within the Community Development and Environmental Services Division at a total budgeted cost of $58,500 for all salary, benefits, taxes and operational expenses. 14. Recommendation to authorize the County Manager or his designee to sign a pOlice affidavit against trespass at the Railhead Scrub Preserve pursuant to the Railhead Scrub Preserve Interim Management Plan. 15. Recommendation that the Board of County Commissioners waive the formal competition process and solicit quotes to select a consultant to update the General Government Building Impact Fee due to an accelerated date of completion required to meet deadlines set forth by proposed legislation related to statutory guidance on impact fees. B. TRANSPORTATION SERVICES 1. Recommendation to award bid #06-3934 Pine Ridge Road I 1-75 Interchange Streetscape Beautification Project landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $185,416.83 plus a 10% contingency of $18,541.68 for a total of $203,958.51. (Project #740461) Page 6 of 11 2. Recommends Board's Approval of Adopt-A-Road Agreement (1) for the following ASAP Signing Agency of Ana Patino, Inc. 3. Recommendation to approve selection committee ranking of three firms for negotiations for RFP 06-3931 "Professional Design and Related Services for Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040. 4. Recommendation to approve a Sale and Purchase Agreement for the sale of County owned property located North of Golden Gate Parkway and East of Goodlette-Frank Road. (Estimate fiscal impact $465,240.90). 5. Recommendation to approve and execute a Drainage and Pond Usage Agreement and to accept a Non-exclusive Drainage Easement from Royal Poinciana Golf Club, Inc., necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road. (Project No. 60005). (Fiscal Impact: $27.00) 6. Recommendation to award bid #06-3933 Golden Gate Boulevard Phase II from 29th Street SW to 13th Street SW landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $622,424.86 plus a 10% contingency of $62,242.48 for a total of $684,667.34. (Project #600221) 7. Recommendation to approve a Resolution authorizing removal of a non-warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. 8, Recommendation to approve a Change Order to add $93,740.70 for waterline inspection and $149,055.07 for sewer inspection to Johnson Engineering, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No. 60018 "Immokalee Road Project from Collier Blvd to 43rd Ave NE". 9. Recommendation to accept a funding agreement with the South Florida Water Management District to share a portion of the construction cost of the Lely Area Stormwater Improvement Project Phase I in the amount of $400,000. 10. Recommendation to seek Board approval of a County Incentive Grant Program (CIGP) Agreement and a Memorandum of Agreement with the Florida Department of Transportation to fund the Project Development and Environment (PD&E) study for SR 82 from the Lee County line to SR 29 with the Countys obligation being $500,000. 11. Recommendation to award bid #06-3935 US 41 Tamiami Trail North Phase IV from Immokalee Road to Wiggins Pass landscape and irrigation installation to Vila & Son Landscaping, Corp. with a base amount of $347,437.76 and 10% contingency of $34,743.77 for a total of $382,181.53. (Project #600241) 12. Recommendation to approve a Work Order in the amount of $152,486 to PBS&J for design of the North Road Ditch Improvements Project (Project No. 511381), in accordance with the Transportation Planning Services Contract No. 02-3371 and to approve a budget amendment in the amount of $30,000. 13. Recommendation to authorize County Manager or his designee to enter into a Work Order in the amount of $114,519.50 with Carter & Burgess Inc. for a Transportation Planning and Preliminary Engineering Study for the Bayshore/Gateway Triangle area. 14. Approve a Budget Amendment recognizing the Fiscal Year 2005 - 2006 Collier Area Transit (Fund 426) Federal Transportation (FTA) 5307 and State Block Grant 5311 Revenue allocations and establish corresponding program expense budgets via budget amendment. C. PUBLIC UTILITIES 1. Recommendation to approve payment of invoices for uniform items in the total amount of $4,967.50. Page 7 of 11 2. Recommendation to approve Work Order HS-FT -3785-06-04 with Hazen & Sawyer, P.C., for professional engineering services for the South County Regional Water Treatment Plant Reverse Osmosis (RO) Wellfield Four New Reliability Potable Water Wells in the amount of $748,432, Project Number 71051. 3. Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005, allow this Plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. 4. Recommendation to approve a Change Order to Work Order No. AB-040-06-02 with Angie Brewer and Associates, L.C. in the amount of $99,634.00 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 Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD); Project Number 708921. 5. Recommendation to award Work Order CDM-FT-3593-06-03 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and engineering services for well site evaluation and transmission main study for water supply for the next phase of development for the NERWTP the amount of $771 ,302, Project Number 70899. 6. Recommendation to award Work Order CDM-FT -3593-06-04 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and engineering services related to the reliability water supply wells for the North County Regional Water Treatment Plant in the amount of $975,026, Project Numbers 71006 and 71011. 7. Recommendation to approve a Budget Amendment for $68,420.75 for South County Water Reclamation Facility Process Control Building Expansion (Project 72509) to reimburse money that did not roll forward from fiscal year 2005 to fiscal year 2006. 8. Recommendation to award Work Order CHM-FT-3291-06-01 under Fixed Term Contract 01- 3291 to CH2M HILL, Inc. in an amount of $31,000.00 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendment in the amount of $100,121.00 for Project Number 73966, NCWRF Bleach System. 9. Recommendation to award Work Order MPI-FT-3785-06-06, Landfill Gas-To-Energy Project Development Assistance for Collier County, with Malcolm Pirnie, Inc., Project 59004, in the amount of $215,000 and authorize the County Manager or his designee to execute the Work Order. D. PUBLIC SERVICES 1. Recommendation to Adopt a Resolution to Declare a Public Purpose and Allow Collier County Domestic Animal Services to Create a Trust Account for the Solicitation, Receipt, and Expenditure of Donations to Collier County Domestic Animal Services. 2. Recommendation to expand a .8 Full Time Equivalent (FTE) position associated with Services for Seniors program to 1.0 FTE. 3. Report expenditure of Direct Material Purchase program funds associated with additive Change Order #20 for North Collier Regional Park. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve and execute a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2006 calendar year. Page 8 of 11 2. Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2006 Calendar Year. 3. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 4. Recommendation to Approve Standard Fonn Design-Build Contract for Use in the Acquisition of Design and Construction Services From a Single Firm. 5. Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for office space to house the State Attorneys Economic Crime Unit at a first years annual cost for rent and CAM of $72,018.75, Fund 001, and communications systems cost of $12,454, Fund 178. 6. Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for temporary office space to house the Information Technology Departments Data Center Operation at a first year annual cost of $125,545.50 and relocation expenses of $282,745. 7. Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on March 11, 2006 and authorize the donation of certain surplus property to the City of Everglades and the Collier County Sheriffs Office. F. COUNTY MANAGER 1. Recommend Approval of Change Order # 1 for Contract # 03-3537 with Paradise Advertising and Marketing, Inc. for media advertising and production in the amount of $ 148,384.19 and authorizing the County Manager or his designee to execute Change Order # 1 after approval by the County Attorneys Office. 2. Recommend Approval of Second Amendment to the Tourism Agreement For EmergencylDisaster Relief Advertising Plan with Paradise Advertising and Marketing, Inc. 3. Recommend Approval to Pay Paradise Advertising & Marketing, Inc. for Commissions Due on Emergency/Disaster Recovery Advertising From May 25, 2004 to Present in the amount of $27,113.50, 4. Recommend Approval of an Amendment to County Resolution # 2004-370 Covering a Policy for the Approval of Funds for Travel Expenses for Persons Conducting Official Tourism Business. 5. Recommend approval of a $243,663.86 cost increase in TDC funds to the City of Naples grant for the dredging of Doctor's Pass, Project No. 905501 and approve all necessary budget amendments. The total revised cost of the grant will be $842,163.86. 6. Recommendation to award RFP# 05-3875 Hurricane Evacuation Study in the amount of $39,800 to Dewberry & Davis LLC and approve a Budget Amendment to fund the study. 7. Recommendation to approve a Fourth Amendment to Lease Agreement with Gulf Shore Associates, Limited Partnership, for the continued use of office space by the Pelican Bay Services Division at a first years annual rent and Common Area Maintenance fees of $27,353. 8. Recommendation to approve a grant agreement to receive $75,000 from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for the Near Shore Reef Mooring Buoys project and approve all necessary budget amendments. 9. Approve budget amendments. 10. Recommendation to approve Amendment No.1 to Contract 05-3854 Collier County Beach Re-nourishment (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,035,287. Page 9 of 11 11. Recommendation to approve a letter to the Florida Department of Health concerning Naples Community Hospital Healthcare System's Certificate of Public Convenience and Necessity for non-emergency ambulance service and authorize signature by the Chairman. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to the Board of County Commissioners budget amendment approval under 16A) H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Tom Henning requesting reimbursement for attending a function serving a valid public purpose. Commissioner Henning to attend the Economic Development Council's 30th Anniversary of Economic Development at the Naples Beach Hotel and Golf Club on January 30, 2006. $60.00 to be paid from Commissioner Henning's travel account. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Gulf Citrus Best Management Practices (BMP)Kickoff Event scheduled on February 1, 2006 and is requesting reimbursement in the amount of $10.00, to be paid from his travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for funds paid to attend a function serving a valid public purpose. To attend the Annual Gulf Citrus Country Gala on Saturday, March 18, 2006 at the LaBelle Civic Center; $50.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement for funds paid to attend a function serving a valid public purpose. Commissioner will be attending the 2006 Humanitarian Award Luncheon on February 23, 2006 at the Ritz-Carlton Beach Resort; $125.00 to be paid from Commissioner Fiala's travel budget. 5. To adopt a Resolution in support of the Public Safety Coordinating Council's Resolution No. 2006-01 for support in attaining additional Judges, Assistant State Attorneys, Assistant Public Defenders and supporting personnel for the Judicial System of Collier County. 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 designate the Sheriff as the official Fiscal Year 2006 Applicant and Program Point-of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable budget amendments. K. COUNTY ATTORNEY 1. Recommendation to approve the Offer of Judgment in the amount of $17,365.00 as to Parcel 148 in the lawsuit styled Collier County v. Regent Park Cluster Homes Association, Inc., et aI., Case No. 04-3452-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,265.00) 2. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 167B in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Phase Two Project 60018). (Fiscal Impact $48,431.00) Page 10 of 11 3. Recommendation that the Board of County Commissioners approve a Settlement Agreement and Release with Ajax Paving Industries, Inc. andlor Ajax Paving Industries, Inc. of Florida arising out of the construction project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (Contract No. 02-3424). 4. Recommendation that the Board of County Commissioners approve the Issuance of Music Festival License for Radio Fiesta Special Event, pursuant to Ordinance No. 70-11. 5. Recommendation that the Board of County Commissioners accept $250,000.00 to resolve all disagreements between Collier County and Hansen Information Technologies and deem Contract 03-3500 for Land Use and Permitting Software Application terminated for convenience. 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 that the Board of County Commissioners adopt an ordinance consenting to the exercise by the Board of Supervisors of Tuscany Reserve Community Development District of certain additional powers relating to public improvements and community facilities. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 14, 2006 Continue Item 8A to the February 28. 2006 BCC meetinCl: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7824 Pawel and Terly Brzeski, represented by Gary Butler of Butler Engineering, Inc., requesting a second two-year extension of the Magnolia Pond Planned Unity Development (PUD) granted by Ordinance Number 98-49, and extended until June 9, 2005 by resolution Number 04-284, pursuant to LDC Section 10.01,13,D. The subject property consisting of 42,05 acres is located on Magnolia Drive west of Collier Boulevard between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Continue Item 8D to the February 28, 2006 BCC meetinCl: Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. (Staff's request.) Item 12E: The Executive Summary should read under CONSIDERATIONS, 1st sentence, "April 26, 2005" (rather than April 26, 2006,) (Commissioner Coyle's request.) Continue Item 16A7 to the February 28.2006 BCC meetinCl: Recommendation to approve for recording the final plat of "Brentwood Two". (Staff's request.) Move Item 16B7 to 10J: Recommendation to approve a Resolution authorizing removal of a non- warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. (Commissioner Coyle's request.) Correction to Item 16B10: The title on the executive summary should read: Recommendation to seek Board approval of a resolution authorizinQ execution of a County Incentive Grant Program (CIGP) Agreement and a Memorandum of Agreement with the Florida Department of Transportation to fund the Project Development and Environment (PD&E) study for SR 82 from the Lee County line to SR 29 with the County's obligation being $500,000. (Staff's request.) Move Item 16C3 to 8E: Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier County's South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 million gallons per day (MGD) Facilities Plan, December 2005, allow this plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. (Staff's request.) Correction to 16E6: The title on the executive summary should read: Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for temporary office space to accommodate the exoansion of the Information Technology Department's Data Center Operation at a first year's annual cost of $125,545.50 and relocation expenses of $282,745, (Staff's request.) Move Item 16F4 to 10K: Recommend approval of an amendment to County Resolution #2004-370 covering a policy for the approval of funds for travel expenses for persons conducting official tourism business, Also, note that the Board's approval of this item will result in a new resolution superseding resolution 2004-370, (Commissioner Coyle's request.) Item 16G1 is a companion to Item 16A12, Item 16K5; The Executive Summary should read: Under CONSIDERATIONS, 1st paragraph, "approximately $123,000,00" (rather than $60,000,00). Under FISCAL IMPACT, add sentence after 1st sentence to state: "Staff indicates the business processes/documentations product retained for use by the County has substantial value, but dollar estimates of that value vary. In man hours, it is estimated that several staff were involved full time in the useable product's initial development over a six month period." (Staffs request.) Withdraw Item 17 A: Recommendation that the Board of County Commissioners adopt an ordinance consenting to the exercise by the Board of Supervisors of Tuscany Reserve Community Development District of certain additional powers relating to public improvements and community facilities. (Petitioner's request.) Time Certain Items: Item 1 OD to be heard at 11 :30 a.m. Request direction to staff to proceed with its due diligence review and contract preparation of proposed land exchange between Collier County and City of Marco Island. Item 12A to be heard at 12:00 Noon: Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attorney-client) session at 12:00 p.m. on Tuesday, February 14, 2006, to discuss settlement negotiations and/or strategy in the case of Collier County v, North Naples Fire Control and Rescue District, et. al., Case No. 02- 1702-CA pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, Attending: Board of County Commissioners; County Attorney David C. Weigel; Assistant County Attorney Ellen T. Chadwell; Craig B. Willis, Esquire; and County Manager James V. Mudd. Item 12B is a companion to Item 12 A and will be heard in the Sunshine at 1:00 p.m, Item 10G to be heard at 4:00 p.m. Presentation of options regarding user fees for the Vanderbilt Beach Parking Garage. Agenda Item No. 4A February 14, 2006 Page 1 of2 ~- PROCLAMATION WHEREAS, the Veteran's Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans Council: and, WHEREAS, the purpose of the Transportation Program is to provide free transportation for Collier County veterans to VA healthcare facilities in Fort Myers, Bay Pines, Tampa, and other facilities in South Florida: and, WHEREAS, the drivers in this Program are all volunteers who donate their time and effort to see that our veterans receive needed healthcare in a timely manner: and, WHEREAS, the families of these volunteers also contribute to the success of this Program by supporting the volunteers and the goals of the Transportation Program: and, ~ WHEREAS, in 2005, our volunteer drivers logged 57,356 accident-free miles, transported 642 veterans to VA Medical Facilities, and contributed 2,OJ5 volunteer hours. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we offer our appreciation and our thanks to the volunteer drivers, office staff, and their families, for their efforts in making the quality of life better for the veterans in our community. DONE AND ORDERED THIS J4th Day of February, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,.- ltemNumber: Item Summary: Meeting Date: AgBnda Hem No. 4A February 14.2!)()1) P<'ige20f2 COLLIER COlINT\' Bor,RO OF COUNTY COMMISSIONERS <A Proclamation uffering our appreciation ~n~ thafl~s 10 the Veteran's Transportation Program's yolunleer driv~rs, pfflce stat!, and their ralrHlies To be lIccepiud by Jim Elson, President of 1M Collit1f County Velerans Council 2i14!20059OOcOOAM Dom PnpHrtdBy Mel,mieR"driguez. a"a'dplCpul1ly C"mmiss'<>ntlr~ Admi"istrati.... Ajd" t" Ih" BCC BCCOffi<:e 1!2!!200~ 9,11;52 AM Appl'o~'ed Dy ". Suern50n enlrdofCoul1ty Cnmml\'$j(:n~'$ EJwcuhw M.."ag", t" In.. ace BCCOff,ctl 1Ini~Qf)G11:2IlAM "'. ApprondBy JamuV,Mudd l3nll,dl>ICI>unly Comrnis\>iunN$ C,>unlyM3n3ger COUllty Mana~<lr'sOffi<;;l 11Z81Z00G11:SSAM Agenda Item No. SA February 14, 2006 Page 1 of 5 ,- EXECUTIVE SUMMARY PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER A WARD TO HERBERT ROSSER SA V AGE OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On September 2\,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that currently selects the Employee of the Month) evaluates and selects volunteers from the nomination forms. A WARD COMMITTEE RECOMMENDATION: Herbert Rosser Savage Development Services Advisory Committee February, 2006 -- FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer A ward to Herbert Rosser Savage for his work on the Development Services Advisory Committee. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 14,2006 ,-- Agend" 118m No. SA F ebnJ~'lry 14. 2D(16 P"ge2of5 COLLIER COlJNTY BOARD OF COUNTY COMM!SSIONERS Item Number: '^ Item Summary; P'ewntation of tile AdV150ry Committee Out~lanQing member {,werd to Herbert Ro~s.er Savage Meeting Date; 2114120069 llO:OO AM Prrpa....d By Sue Fil~"n t>ondofCounty Cornm;s.iOllern E.~f!<:utiv",Manaoerlothe flee Oal" Bccon,,,,, 211i2llDl;4,l1A1PM Approved By Jam,,~V.M\ldd e""rdofCounlY Cornn'ini"'ll't1l C"untyMaMller D.. CnuntyM"""\ler'$Qftic" 113llJ2tltlG3:<wPM ADVISORY COMMITTEE OUTSTANDING MEMBER NOMINATION FORM REC^",,"'~~em No. 5A '%'!ifOaty 14, 2006 Page 3 of 5 DEe Z 0 2005 HUMAN RESOURCES Co~:" County ':'y'&>>::::,~~a:<<"'~'<:%m,w:m':::!,w>::<l:::::~>;,-,:"x,w"'>'''':>l.''''''''m .;' The objective of this program is to recognize significant contributions to the organization and/or community by members of the many advisory boards and committees formed to assist the Board of County Commissioners in carrying out their elected duties. All committee members who have completed at least one year volunteer service on an advisory committee are eligible for nomination. A committee may nominate one of their members if they satisfy one or more of the criteria listed below. The specific reasons for the nomination should be documented on this form under the specific criteria. Attach additional pages if necessary. Nominee's Name: Herbert Rosser Savage Advisory Committee: Development Services Advisory Committee Date of Appointment: December 14, 1993 Nominator's Name: Joseph K Schmitt, Administrator, CDES Liaison: Sandra Lea, CDES Liaison Phone: 403-2385 Administration I) Does the member strictly follow the Ordinance creating the committee? Yes 2) Does the member have an excellent attendance record? (At least 90% attendance or no more than one absence in the last 12 months.) Yes. Note that the Development Services Advisory Committee (DSAC) meets once a month. 3) Give specific examples of exemplary volunteer service. As a life-time resident of Florida, Mr. Savage has been a very visible and highly active member of the community and has demonstrated throughout his life exceptional and extraordinary community service. In the 1950s, he was appointed to the Dade County Urban Renewal Agency; served as Chairman of the Contractors Licensing Board for the City of Miami, President of the Coconut Grove of Miami Rotary Club and President of the Florida South Chapter of the American Institute of Architects, From 1962 through 1969, Mr. Savage was appointed consecutively by 3 Governors to serve as a Commissioner of Dade County and as a member of the Florida Development Commission; as such, in the mid 1960s, upon his recommendation that a Development Plan or Building Code be developed for the 3 existing counties in Florida, he was requested to attend a conference which resulted in his appointment as Treasurer and Executive Committee Member-at-Large of the National Conference of States on Building Codes and Standards, which in turn, resulted in his involvement in the establishment of Florida codes and standards and numerous speaking engagements, including the Chamber of Commerce of Naples. In Miami during the late 1960s, Mr. Savage was privileged to serve as President of the local architectural Chapter of the American Institute of Architects and in 1968, was elected President of the State of Florida Association, American Institute of Architects and subsequently, as a Director. Mr. Savage was also involved with Collier County Government in the 1960s, serving on the Development Commission, which I: Forms! County Forms! Bee Forms! Advisory Committee Outstanding Member Nomination Form WW'S 9.22.04 Agenda Item No. 5A February 14, 2006 Page 4 of 5 presented the opportunity to closely observe the State's approval and development of the Jolley Bridge. As a resident of Marco Island, he served on numerous committees for the past 15 years and organized the local chapter of the Reserve Officer Association, known as the Marco Island Chapter, which meets in Naples once a month. While serving as President of the Marco Island Chamber of Commerce, the frrst Marco Island tourist bus was purchased and implemented. In 1997, Mr. Savage was appointed to the Marco Island City Planning Board, serving several terms. He also served as a member of the Civic Association Board and Beach Committee, the Lutheran Church Board, and of course, the Collier County Development Services Advisory Committee. 4) Describe a uniquely innovative solution to a problem. The Collier County Development Services Advisory Committee has the following powers and duties: . To serve as a primary communication link between the Community Development Services Division and the development industry, which includes Environmentalists, Designers, Developers and Contractors involved in both site work and building construction. . To make recommendations as to rules and procedures to enhance the operational efficiency and budgetary accountability which may include plan review, permit issuance, inspections, code enforcement, contractor licensing, facility improvements and building and development related fees . To identify concerns of the development industry and present them at regularly scheduled Advisory Committee meetings. . To provide input to staff regarding the creation of new rules, processes and procedures associated with the development industry. . To increase the awareness of adopted building and development standards by promoting development industry educational programs . To prepare and recommend to the Board of County Commissioners technical and administrative programs designed to enhance the profrciency and customer services of the Community Development Services Division. . To develop an Advisory Committee monitoring program of the key review activities of the division for the purpose of providing continuing feedback on both the quality and quantity of services rendered by the Division. . To design a Technical Review/customer Service evaluation form for response by users of the Community Development Services Division . To submit an annual report to the County Manager and the Board of County Commissioners which shall summarize frndings and issues during the report year and the status of their resolution. . Review proposed ordinances and codes that may affect the Community Development Services division prior to their submittal to the Board of County Commissioners for approval. . To perform or assist with any other function or duty as requested by the County manager or the Board of County Commissioners . The Committee may adopt and amend "Guidelines" to govern their meetings and operations, subject to the approval of the Board of County Commissioners . The Committee meetings shall be open to the public. I: Forms! County Forms! Bee Forms! Advisory Committee Outstanding Member Nomination Form wws 9.22.04 ADenda Item No. 5A February 14, 2006 Page 5 of 5 Through Herb's efforts as a member ofDSAC over the past 12 years, the overall effectiveness of the Committee has increased significantly. His sincere devotion and dedication to representing the interest of the community and maintaining the integrity of community development is evidenced through his active involvement in all aspects of community service; his outstanding experience and unique perspective afforded him the ability to address and meet all duties assigned to the DSAC. Mr. Savage's unique and keen wit and ability to put things in the proper perspective were added benefits. Herb has had a positive impact on this community and has contributed significantly to our efforts to promote trust and confidence in local government. His professionalism, patience, confidence, and integrity have ensured that government continues to look out for the citizens of the county and not simply the petitioner's needs and desires. His overall performance and effectiveness on the Development Services Advisory Committee has in one word been "outstanding." His actions validate that he is truly deserving of receiving the Advisory Committee Outstanding Member for his overall contributions to the citizens of Collier County. 5) Detail an implementation of a recommendation that resulted in cost savings or increased productivity_ Mr. Savage takes every aspect of his responsibilities seriously and contributes greatly to achieving a successful outcome. After over 45 years of voluntary service to the community and after 12 years exemplary service on the DSAC, Herb Savage has elected to terminate his service with the DSAC. Over the past 12 years, Herb has been instrumental in providing the Community Development and Environmental Services Division astute counsel and advice in all aspects of the Division's interface with our customers and in all operational aspects associated with development review and permitting. Herb epitomizes the motto be, know, do. He superbly re-energized the advisory counsel's effectiveness through his unique insight and whit. In sum, Herb has been the consummate civic volunteer, who through his unique abilities to lead change, reengineer, and reinvent, assisted the Community Development and Environmental Services Division in implementing numerous performance and operational improvements. 1.2- /J1 las- t , AdVISOry Committee Chairman's Signature ;{ftlA1 lit d I vi doll! I staff Liaison' s Signailire Date /2- it/' '-' . , Date 1--)/;0/0S Date I On November 9, 2005 the above referenced Advisory Committee unanimously voted 9 to 0 to nominate the above referenced member as Outstanding Advisory Committee Member. I: Forms! County Fonns! Bee Forms! Advisory Committee Outstanding Member Nomination Form WWS 9.22.04 Agenda Item No. 7A February 14,2006 Pago 1 of 67 EXECUTIVE SUMMARY Petition: CU-2004-AR-5439, Darryl J. Damico, represented by Bean Keene, P.E., of Keene Engineering, requesting a Conditional Use of the "E" Estates district for earth mining per Table 2, Section 2.04,03 of the Land Development Code (LDC). The property is located between 54th Avenue N,E. and 56th Avenue N,E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Rangc 28 East, Collier County, Florida. Companion Item: V A-2004-AR-5438 OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition's consistency with the Growth Management Plan (GMP) and with the Land Development Code (LDC). CONSIDERATIONS: ~ The petitioner seeks a Conditional Use, as identified in Section 2.04.03 of the Collier County Land Development Code of the Estates Zoning District, for the purpose of permitting an earth- mining activity. The request would combine two existing excavation permits (59.605 and 59.702) with a total lake excavation area of 15 acres and an additional 10.19 acres excavation (removing the strip of land between the lakes and excavating an area used for dewatering and storage of excavated materials) into a single 25.19 acre lake. The request is consistent with the GMP, with the conditions proposed by the CCPC and staff: and this project will be compatible with the adjoining land uses. Ingress and egress to the subject property has been on 56th Avenue N.E., which is a county-maintained roadway. Conditions have been stipulated to limit the hauling of excavation materials from the subject property to 56th Avenue N.E. and to limit the excavation activities to 7 am to 5 pm Monday through Friday. While excavation activities have been conducted on the subject property since 1998, the stipulated 50 feet excavation setback, the Type "D" landscape butTer, the limits of excavation activities for hours and days of operation, and limiting the Conditional Use to a 14-month time period provides additional ameliorating effects with the neighbors. FISCAL IMPACT: This Conditional Use petition by and of itself will have no fiscal impact on Collier County. However, if the project is approved, a portion of the existing land will be developed, and the new development will result in an impact on Collier County public facilities. - Executive Summary/CU-2004.AR-5439 Page 1 of 4 !\genda Item No. 7 A February 14, 2006 Page 2 of 67 The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building penn it include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The petitioner's property is identified on the Future Land Use Map of the Growth Management Plan as an "Estates" designation (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Future Land Use Map. The Golden Gate Area Master Plan provides for single-family homes, one per 2 V, acres, and family care facilities. The Conditional Uses Subdistrict contains eriteria for location of conditional uses and includes the fo 1I0wing: e) Special Exceptions to Conditional Use Locational Criteria: Conditional Use permits for excavation, as providcd for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District. Future Land Use Element Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves the determination of compatibility to Zoning and Land Development Review staff as part of their review of the petition in its totality. Transportation Element: The Transportation Services Division has indicated that aceess to the site is from 56th A venue N.E. This roadway is maintained by the County, and the limited hauling trips generated from the remaining excavation would have a negligible impact on 56th Avenue N.E. The future 12 single-family home sites would be fronting on either 54th or 56th Avenue N.E. and the trips generated from these uses are also deemed to have a negligible impact. Therefore, this project is consistent with Policy 5. I and 5.2 of the Transportation Element erE). ENVIRONMENTAL ISSUES: The environmental staffs analysis indicates that the proposed petition will not have a significant environmental impact on the subject site. ....", Executive SUlTllTlary/CIJ-2004-AR-5439 Page 2 of 4 Agenda Item No. 7A February 14, 2006 Page 3 of 67 ENVIRONMENTAL ADVISORY COUNCIL (EAc) RECOMMENDATION: The Environmental Advisory Council did not review this petition based upon the fact that the area of this property is less than ten acres in area and that the Conditional Use will not impact the subject property any further than what had been previously approved. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the January 19, 2006 CCPC meeting. The CCPC recommended to forward petition CU-2004-AR-5439 to the Board of Zoning Appeals by a vote of 7-2, subject to the following conditions: ,,'-' < 1. The conditional use approval to allow earth mmmg activities is limited to what is depicted on the Conceptual Site Plan, entitled, "56'1, Avenue N.E. Excavation" last revised February 2004, which is a one-page set of plans prepared by Keene Engineering, stamped received July 12,2004, except as further conditioned below. 2. A Type "D" buffer shall be placed along the perimeter of the property, 3. The minimum separation of 50 feet shall be provided bctween the excavation area and thc property and right-of-way lines. 4. Profiles of the existing excavation on the subject property shall be provided to the Collier County Engineering Department within three months of the approval of this request and annually Ii-om the approval datc until the earth mining activities are completed. 5. A common lake maintenance agreement shall be provided for the existing and future property owners at such time as the subject property is developed for residential lots, or if the subject property is not developed as identified in the "Conceptual Site Plan", a Deed Restriction shall placed upon the subject property. 6. An access easement shall be provided for the two lots which do not adjoin the future lake area, at such time as the subject property is developed for residential lots, or if the subject property is not developcd as identified in the "Conceptual Site Plan", a Deed Restriction shall placed upon the subject property. 7. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional usc. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at thc time of submittal, including Section 10.02.03, Site Development Review and approval, of the Collier County Land Development Code (Ordinance 2004-4]). 8. The variance request (V A-2004-AR-5438) shall be approved by the Board of Zoning Appeals prior to the approval of this conditional use request (CU-2004-AR-5439), 9. The subject property shall be rc-platted to the Estates zoning standards with the development ofthe "Conceptual Site Plan" which shall not exceed twelve home sites. 10. This Conditional Use approval shall expire fourtcen months from thc approval date of this petition by the Board of Zoning Appeals. I]. All subject property excavation traffic shall be restricted from utilizing 54'1, Avenue N.E., Executive Summary/CU-2004-AR-S439 Page 3 of 4 Agenda item No. 7 A February 14. 2006 Page 4 of 67 and all subject property excavation activities will be restricted to the hours of 7 am. through 5 pm. Monday thru Friday. The two CCPC members recommending denial indicated that the over excavation of the subject property is a serious problem and the property owner should not be rewarded for violating the law. The CCPC strongly emphasized that the recommendation of approval of petition CU-2004- AR-5439 in no way excuses prior and/or un-pennitted activities. LEGAL CONSIDERATIONS: Staff completed a eomprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: . The proposed change has been deemed consistent with the goals, objectives, and policies of the Future Land Use Element and the other applicable elements of the GMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change will not create or excessively increase traftic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5. I and 5.2 of the Transportation Element of the GMP with the addition of the recommended stipulations. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve petition CU-2004-AR-5439 subject to the conditions of approval listed in Exhibit "D" of the attached Resolution. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning and Land Development Review Executive Summary/CU-20()4-AR~5439 Page 4 of 4 Item Number: Item Summary: Meeting Date: COLLIER COlJI\<TY BOARD OF COUNTY COMMISSIONERS 7A This item req"iresthat all participam~oe sworn in and eKratte disciosurepe provided b~ Commissmn l11'.lmbers. PetitIOn CU-211D4-AR.5439, Darryl J. Damico. mpresented hy B~su Keene, P.E._ oj Keene E~gineenng, requesting.. Cor.ditioneiUse ot'ttle "EO, EsllltesQlslr;r;t tor earlll mining per l'abie 2_ Section 2.04,03 oflhe Land De~lIlopment Code (LDC) The property IS iocated betweer. 54th Aven,," N_E and 56th Ave~ue NE, Golden Gate E5tates Unit 45, In Ser;t;ofl 4, Townstl;p -41l South, Range 2C EllS! Cnllier Ccun(y Fior;oa Companion Item: VA-2004-N{.543!1 2!14/J0069,OCOOAM nlmsportaticIllPI~nt\ingDir"ttor Date Approved By D"".I<lL.Scotl 1ra"5ponlt;'m5<!r>"cu Transportati"nPlllnll;fI\I lIt1i2l,lGGB:53AM Approved By ChilfPJmm~r D.. RnyB~lto_ Camlfl,m;lyOw,,,lol'n,,,nl& r::...\I;ronmf,ot"lS&rvic..... Z:oning&landlhlvalopm.mtRlviaw 112712QQ612:21 PM Approved By Zoning & Lllud D!Jvelopmeflt D,<<>c\or D.. S\!unMurrly,AICP C"nHn"nilyo.,v"lopnlllnt& Envi,onm"ntQIS"rvit"$ Z<>"ing & L1nd Devnlopmenl flnv,ew 1127120061:41 PM Approv('d By D.. S..ndrnL..... E.><uculiwSnc.mta')' Community [)evillopm"nl & Community O"V..l"pm....t & f:ov;ron"'..oIQlS"rvit..... Envn"nm.mtllls<'>rv;e..."Admin. 1110!200&1Q,lGAM Approved By D.. Constlmc... A. Jutln.sQn Op"mtionsAnalyM Approv'ed By C""'I,,"n;ly Develop"",nl & Community Dm,"iopm"m & (rlV;"mm..nr~1 S".rvi(:."" Env;rMI"""nl"dl S"rvic..... A<lmin. 1!:lGi20ilS:l,24PM NOflnE.F..d"',A1CP Trat\~p"flali..n 51,wi""" TtlI"~pl>rtatil>n D;vl$i'w Adwi";~ltll\Qr D.. TrJnSIH>,lnlll'" S'-'l"Vie"H Admin. li3112V06B:14AM Approved B)' ^$SI,;lanl Co"ol~ A.tl<>rn"y 0;,1.. MftfjNi<JM.Sluden( C"..ntyAll"'...,V Gl>lwlyAltnmeyOWc\tHopm.mt & En~;rl>nm..ntnl S<ilvio<l's Admin~lnrtl>I Comn,,,,,ityo"wlopnllml'& Env;-ronlfl.."b.IS..rvk<!_$A~mi". 1/31i200Ga:13f'M Approved By Adm,"i"trativ..A""i.~tml D"t~ OMUCc"nliIlQt<>, C"urlty MUlIager" OftiC& orr;ct'clMall'lg"m"'l"lt& Dudg<.rt 1/31'Z1l061:41 PM Appl"ll\'ed By 8u<l!l"tAllaly<.>t D~t" Mark I~~(.k'."n CouotyM"n"QH'sOlfic.. 0lIiteorManag"nltmta.S0l1g..1 2~2JZOGe 12:16 PM C"""ryM"fllI!l"r D::\u, Al11lfOV"d By J"",,,.. V. Mudd ao..rd"I C"unty CommiSS;Q"';lrs CauntyM3I\aJ,lW'sQffk:e 1!2!2(l~1::l~PM Agenda Item No. 7 A February 14. 2006 Page 6 of 67 Co1fftr County - --J.-- _ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 19,2006 SUBJECT: PETITION CU-2004-AR-5439 - JOLLY EXCAVATION PROPERTY OWNER/AGENT: OWNER: Darryl J. Damica 1810 J & C Blvd., Unit 10 Naples, FL 34109 AGENT: Beau Keene, P.E. Keene Engineering 1199 First Avenue South Naples, FL 34102 REOUESTED ACTION: Beau Keene, P.E, Keene Engineering, representing Darryl K. Damica requests approval of Conditional Use of the Estates zoning district for earth-mining, as specified per Table 2, Section 2.04.03 of the Land Development Code on 44io acres. GEOGRAPHIC LOCATION: The subject parcel is located in the Golden Gate Estates Unit 45, in Section 04, Township 48 South, Range 28 East, Collier County, Florida. CU-2004-AR-5439 Page 1 af9 January 19. 2006 cepe Meeting -- --. e.R.1l4II ~-" -- . C_R_~ . . I-~ S,R.S4 ONO - . . " 'I. . \ LOCATION MAP :CU- 2004. AR- 5439 PETITION VA- 2004- AR- 5438 ..". ...- No Agenda Item No. 7A February 14, 2006 Page 7 of 67 U40 U45 ; SITE MAP ;"':': "",L. ,';' ., ""-7D~~~;;==~I~I~P':;9f:i;i~~~m:L,. --=- - ~ /A W "...,-l-~".._;c;.; - ~ lJ' ." - --.~:f-," '-"'_ "~':'~i--...:R'" ,',- .. ,., . . _.~=-~c>"~~l~J iJ'J~J:~?~~~ ~r; ~.:fJt..., -..,\ , i."l .el{~' i:tl'.2 ol"; \''''""'"-'---- f..~, ~ ,'it"'_ ........t-. _ __ ~ .... ,"'.,"'8. ~';;"".... . w,"""~ ',."--,,.-..... . Hr \.": ""1." '"'IIt'-'5> I 1 .;: ilt~ '~iK. ~ ,. ~ t . P" ~:tA.',.'.' ( .... ~~ hi\j'~ , ----,; IfJ\L,,..., .,,' ~^ \ -' - ~ ~. "1 ~,. t,:}.), "[ .' ~; . .F ,'~ ~ ~ I ",_:-'..m.:::~_~~:_:.::..~=".~==,_. ( l , { .t.~:::-. 'i,1 · ~<a Ii... . ~ ~~~~::~~~~:~~:~ \,~. 4" I ",'f/: ,- "",". "-~--'---,,,-> .'11' I, ~ I fJi: _....':.:".;~ Agenda Item No. 7 A February 14, 2006 Page 9 ef 67 PURPOSEfDESCRIPTlON OF PROJECT: The petitioner seeks a Conditional Use for an earth-mining activity per Table 2, Section 2.04.03 of the Land Development Code on a 44-acre site. The petitioner currently has approval for two earth-mining excavation permits (59.605 and 59.702). Permit 59.605 was issued in 1996 for a 10-acre site, which allowed a 5-acre lake (Exhibit E). The expiration date was 2002. Permit 59.702 was issued in 1998 for a 20-acre site, which allowed a 10-acre lake (Exhibit F), The expiration date was 2002. These two sites lie adjacent to each other on the subject property, After the issuance of these permits, the petitioner had exceeded the maximum allowable lake excavation area for these two sites. This petition, if approved, would combine the two lakes by excavating the strip of land between them, and to expand the lake area to the southwest by approximately 4.39 acres. A site plan has been prepared to show the intended limits of the proposed 25.l9-acre lake area, and the location of the intended 12 residential homesites. A companion variance petition (V A-2004-AR-5438) has been submitted for relief of the maximum site area allowed for earth-mining in the Estates zoning district. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: South: West: Earth-mining and lake areas, zoned "E" Estates Vacant, zoned "E" & "A" Agricultural Vacant and agricultural, zoned "A" Platted vacant and developed residences" zoned "E" Platted vacant and developed residences" zoned "E" 3 " . '" .. .. .. .. .. " " .. .. " , "'" u n .. . u u n 3 .. .. un M n '0 g" ,.. AERIAL MAP ZONING MAP CU.2004-AR-5439 Page 4 of 9 January 19, 2006 cepe Meeting Agenda Item No.7 A February 14. 2006 Page 10 of 67 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The petitioner's property, as identified on the Future Land Use Map of the Growth Management Plan as an "Estates" designation (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Future Land Use Map. The Golden Gate Area Master Plan provides for single-family homes, one per 2 \4 acres, and family care facilities. The Conditional Uses Subdistrict contains criteria for location of conditional uses and includes the following: e) Special Exceptions to Conditional Use Locational Criteria: Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates-Mixed Use District. Future Land Use Element Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves the determination of compatibility to Zoning and Land Development Review staff as part of their review of the petition in its totality. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. The 56th Avenue N.E. roadway is maintained by the County, and the limited trips generated from the remaining excavation hauling trips would have a negligible impact on 56th Avenue N.E. The future 12 single-family homesites would be fronting on either 54th or 56th Avenue N .E. and the trips generated from these uses would be negligible. Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of Ure or catastrophe. Adequate ingress and egress to the site has been provided through 56th Avenue N.E., which is a County maintained roadway. The hauling of excavated materials from this site will continue to use 56th A venue N.E. As the 12 individual lots are developed, access to each of these lots will be provided via the roadway, which the lot fronts on, either 56th Avenue N.E., or 54th Avenue N.E. CU-2004-AR-5439 Page 5 of9 January 19. 2006 cepe Meeting Agenda Item NO.7 A February 14, 2006 Page 11 of 67 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic and odor effects. The earth-mining activities have been conducted at the subject property since 1998. The applicant estimates that the earth-mining activities would continue for less than one year if this petition were approved. The earth-mining activities include the excavation of earthen materials from the property and hauling those materials from the site. These processes include the operation of excavation equipment and dump trucks. This equipment is associated with noises, odors and minor glare by their normal use, The use of this equipment will be regulated through the specifications outlined under Sections 22-106 through 119 of the Code of Laws and Ordinances, Excavation setback limits and landscape buffering are required to ameliorate any effects the earth-mining would have on its neighbors, therefore ensuring the compatibility of the properties. 4. Compatibility with adjacent properties and other property in the district. Surrounding properties are either undeveloped or used residentially. The earth-mining activity will be only a temporary activity, and at its conclusion, the subject property will be developed into 12 homesites with a 25.19-acre lake anchoring the residential development. In comparison to what could be permitted by right - on the subject property: family care facilities; public schools; and essential services, the staff does not believe the proposed use would have any more impact than those uses permitted by right. Excavation setbacks and landscape buffers are required to ameliorate any effects the earth-mining activity would have on its neighbors, therefore ensuring the compatibility of the properties. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the site has been previously disturbed through earth excavation activities that were approved under Excavation Permits 59.605 and 59.702. NEIGHBORHOOD INFORMATION MEETING: The applicant's agent held the required Neighborhood Information Meeting on September 21,2004 at Max Hasse Community Park, 3390 Golden Gate Boulevard, Naples, Florida at 6:00 P.M. Four individuals other than the applicant/agent and County staff attended. Chahram Badamtchian gave a brief overview of the proposed petition and project description, He stated the maximum depth of the lake excavation to be between 19 and 20 feet. He also stated there is a perimeter fence already in place on the property. No one voiced any objections to the proposed petition for lake excavation conditional use. ST AFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 2004-AR-5439 to the Board of Zoning Appeals, subject to the following conditions: GU-2004-AR-5439 Page 6 of 9 January 19, 2006 cepe Meeting Agenda Item No. 7 A February 14, 2006 Page 12 of 67 1. The conditional use approval to allow earth-mining is limited to what is depicted on the Conceptual Site Plan, entitled, "56th Avenue N.E. Excavation" last revised February 2004, which is a one-page set of plans prepared by Keene Engineering, stamped received July 12, 2004, except as further conditioned below, 2. A Type "D" buffer shall be placed along the perimeter of the property. 3. The minimum separation of 50 feet shall be provided between the excavation area and the property and right-of-way lines. 4. Profiles of the existing excavation on the subject property shall be provided. 5. A common lake maintenance agreement shall be provided for the existing and future property owners. 6. An access easement shall be provided for the two lots, which do not adjoin the future lake area. 7. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Section 10.02,03, Site Development Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 8, The variance request (V A-2004-AR-5438) must be approved by the Board of Zoning Appeals prior to the approval of this conditional use request (CU-2004-AR-5439). 9. The subject property shall be re-platted to the Estates zoning standards with the development of the proposed home sites as shown in the Conceptual Site Plan. CONDITION DISCUSSION: The first condition identifies the site plan for future reference. Conditions #2 establish landscape buffering requirements to provide an ameliorating factor for the adjoining properties, Condition #3 reminds the petitioner of the minimum code requirements of Sections 22-112.(I)b. of the Code of Laws and Ordinances. Condition #4 requires the petitioner to provide this data as required in Sections 22-113.(a)(1)b.1.a) of the Code of Laws and Ordinances. Condition #5 and #6 are concerns raised while reviewing the proposed conditional use petition. Condition #7 provides procedures for minor changes. Condition #8 links to the companion item. CU-2004-AR-5439 Page7of9 January 19. 2006 cepe Meeting c/~~ DAT REVIEWED BY: ~ UO) .~JL-t-~~ MARJO EM. STUDE -STIRLING ASSISTANT COurTY ATTORNEY ~'ll (0;L.. RAY BEr(. OWS, PLANNER MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW I 2..{ ("/6~ DATE ddEtl06 //b/~ DATE SAN MURRAY, AICP, DIRECT R DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: //1'" no EPH K. SCHMm, ADM ISTRATOR I~ MMUNITY DEVELOPMENT & NVIRONMENTAL SERVICES DIVISION ) '/tI.S'"/t:;W DATE I Collier COWlty Planni~mmiSsion: JJ~~p \~ MARK. P. STRAIN, CHAIRMAN l-19-oc;, DATE Staff report for the January 19, 2006 Collier COWlty Planning Commission Meeting Tentatively scheduled for the February 14, 2006 Board of Zoning Appeals Meeting Attachments: A, B. C. D. E. F. Findings of Fact Conceptual Master Plan Proposed Conditions Conditions of Approval Excavation Permit 59.605 Excavation Permit 59.702 ) Agenda Item No. 7 A February 14. 2006 Page 13 of 67 CU-20()4..AR.5439 Page 8 of 8 January 19, 2006 cepe Meeting Agenda Item NO.7 A February 14, 2006 Page 14 of 67 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Commission District: RE:SliBMIITA-L- - D t P t't' R . ed CU-2004-AR-5439 a eel JOn ecelv : PROJECT #2003110016 DATE: 7/12104 Planner Assigned' MIKE DERUNTZ , - (COMPANION ITEM TO V A-2004-AR-S438) Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 _ General Information Petitioner's Name: Darryl J. Damico Petitioner's Address: 1810 J & C Blvd., Unit 10 Naples, FL 34109 Telephone: 597.7171 Fa:x#: 597.6577 E-Mail Address: djd7707@aoJ.com Agent's Name: Beau Keene, P.E. Agent's Address: Keene Engineering 1199 First Avenue South Naples, FL 34102 Telephone: 403.0123 Fa:x#: 403.9399 E-Mail Address:keeneengineering@earthlink.net * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 APPUCATION FOR PUBLIC HEARING FOR CONDITIONAl. IfSE_ 4/14103 Agenda Item No. 7 A February 14. 2006 Page 15 of 67 Complete the following for all Association(s) affiliated with this petition, (provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Golden Gate Estates Area Civic Association Mailing Address 441 24th Avenue N.E. Naples. FL 34120 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary), Name and Address Darryl J. Damico 1810 J & C Blvd" Unit 10 Naples, FL 34109 Percentage of Ownership SO Bradley Damico 1810 J & C Blvd., Unit 10 Naples, FL 34109 so APPLICATION FOR PtTBUC HEARING FOR CONDITIONAL USE- 41J4103 Agenda Item No. 7A February 14, 2006 Page 16 of67 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Bradar & Company, Inc, 1810 J & C Blvd., Unit 10 Naples, FL 34109 Darryl J, Damico Bradley Damico Percentage of Stock 50 50 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Interest Percentage of d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners, Name and Address Ownership Percentage of e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners, Name and Address Ownership APPLICATION FOR PUBLIC REARING FOR CONDmONAL USE _ 4114103 Percentage of Agenda Item No. 7 A February 14. 2006 Page 17 of 67 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ( ) leased ( ): Term oflease yr.lmos, If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed leeal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section; 04 Township: 48 South Range: 28 East Subdivision: Golden Gate Estates Unit 45 Plat Book Page #: Property 1.0,#: 39030560002,39030600001,39030680005, 39030640003,39030720004,39027480001,39030440009,39030320006,39030280007, 39030360008,39030840007,39030760006,39030880009,39030800005,39030920008, 39030400007 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14103 Agenda Item No. 7 A February 14. 2006 Page 18 of 67 Metes & Bounds Descrip{ion: 4 . Size of DrODertv: 44 acres 5. Address/l!enerallocation of subiect Drooertv: Near the terminus of 54th & 56th Ave. N.E. 6 _ Adiacent zonin!! and land use: Zoning Land use N "E"&"A" Vacant S "E" Seven Vacant Lots One with a Single Familv w "E" Vacant and Single Familv dwelling E "A" Vacant Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. TVDe of Conditional Use: This application is requesting conditional use # 7 "E" ESTATES district for (lYPE OF USE) Earthmining of the Present Use of the Property: Earthmining 8 - Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2,7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -4/14103 Agenda Item No. 7 A February 14. 2006 Page 19 of 67 interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable, Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a, Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element This is an active earthrnining site. aDDroved bv 2 seoarate Excavation Permits in the oast (Excavation oermit Numbers 59.605 and 59.702), The aoolicant is reauesting this Conditional Use in order to excavate 4.39 acres currently being used for dewatering of the excavated material and also to excavate a strio of land seoarating the existing lakes and the dewatering area totaling 1.69 acres, The Collier County Land' Develooment Code Section 2,2.3.3. allows earthmining activity as a Conditional Use in the "En Estates district. orovided certain criteria are met. The Collier County Growth Management Plan also allows conditional uses for non-residential uses in the Estates district. Earth mining is one of the non-residential activities stated in the GMP as a oermissible use. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe, As discussed above this orooertv is an active eartmining site. No new ingress and egreSS ooints are reQuested with this Conditional Use reQuest. The existing access ooint is on 56th Ave. N.E. The existing access ooint has functioned in the oast several years with no incidents and will continue to function in a satisfactory manner, c, Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The area is Question is soarselv oooulated and the site a1readv contains an existing earthmininl!; activity. This conditional use will increase the area of the existing lakes bv 6.08 acres on a 44-acre propertv, The new excavation areas will increase the duration of the activities on the site bv less than a year. This area of the proposed excavation site is either surrounded bv vacate prooerties or bv existing lakes. The only residence close to this site is to the south of the orooertY. which is at least 300 feet away from the closest proposed activity area. Due to its remote location. no large-scale development activity is anticioated in the area during the life of the earthmining activity on this site. d, Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 7 A February 14. 2006 Page 20 of 67 The property is surrounded bv mostly vacant properties. Once the earthmining activity is completed the remainder of the site will be develooed with residential uses. e. Please provide any additional information which you may feel is relevant to this request. There is a comoanion variance with this reQuest. The pamose of the comoanion variance is to allow 56,S percent of this site to be excavated. The LDC limits the excavation area to 50 percent. And also to connect the proposed lake with two other existing lakes in the area to create a single large lake which will have environmental and aesthetic benefits to the area, The LDC limits the size of the parcels eligible for earthmining activities to 20 acres. This site. which predates the new LDC reQuirements, is 44 acres in area. 9, Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10, Previous land use petitions on the subiect oropertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Yes. two excavation permits II, Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting, a, A copy of the pre-application meeting notes; b, Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced SW' x II" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], APPLICATION FOR PUBLIC HEARING FOR rONDITJONAL USE _ 4114103 Agenda Item No.7 A February 14, 2006 Page 21 of 67 . locations of solid waste (refuse) containers and service function areas, . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, . location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries, Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f _ A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g _ A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this Item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR PUBUC HEARING FOR CONDmONAI. USE - 41141O~ Agenda Item No. 7 A February 14, 2006 Page 22 of 67 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST 1. NAME OF APPLICANT: Darryl J. Damico 2. MAILING ADDRESS: 1810 J & C Blvd, Unit 10 Naples, FL 34109 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 54th Ave. N.E. 4. LEGAL DESCRIPTION: Section: 04 Township: 48 South Range: 28 East Subdivision: Golden Gate Estates Unit 45 Plat Book Page #: Property I.D.#: 39030560002, 39030600001, 39030680005,39030640003,39030720004,39027480001,39030440009,39030320006, 39030280007,39030360008,39030840007,39030760006,39030880009,39030800005, 39030920008,39030400007 Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): ll. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM X 6. TYPE OF WATER SERVICE TO BE PROVIDED: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAl. USE-4/J4IOJ Agenda Item No. 7 A February 14, 2006 Page 23 of 67 .. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o o o x 7. TOTAL POPULATION TO BE SERVED: N/A 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK ~ AVERAGE DAIL Y ~ B. SEWER-PEAK N/A AVERAGE DAILY N/A 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Utilities to the future homesites will be served bv onsite well and septic svstems. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County, If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. No easement dedications. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. NI A Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE _ 4/14103 FROM': KEENE ENGINEERING FRX NO. 1+941+403+9399 Agenda Item No. 7 A Feb, 19 200<lbQ6l!lJlElPi'l12~ Page 24 of 67 AFFIDAVIT. @r, ~...... ~\ ~j'(. <> being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information. all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and froe to the best of our knowledge and belief ": Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether oomputer 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, j3€:Av KEE::NE. ('.e_ fiND Asproperl')!,owner We/lfurtherauthorize CHA H~AM BI1DIU1tC.j./.:xAN AICfoact as our! re ' resentative in any matterS regarding this Petition. J Si C~ Signature of Property Owner 1)M~ I S "DA1>I ; e 0 Typed or rinted Name of Owner 0>1'*0 J:>J\1I1I'L 0 1!ped or Printed Name of Owner Theforegoing instrumenr was acknowledged before me this I "\ day of l ~~ 20ni by ~ 't-' ~I LAw!::. who is personally known to me or has produced as identification. State of Florida' County of Collier & (Sign liY F/or' ~m':;;~~ TR.A CEY D. HOGLUND €: .~ No\<.,"'1 Public. StBtII fA FlOrida , g MyC~~AlQ12.2llll5 ~.., (/j ....;~.cr"i.i..,'.. Com minion . 00022294 (Print, Type, or Stamp Commissioned Name of Notary Public) CU-2004-AR-5439 PROJECT #2003110016 DATE: 3/4/04 MICHAEL DERUNTZ (COMPANION TO V A-2004-AR-5438) ...,....I.I,...........nlV ~D DIIUI r,...ul:'..ul.....~ l:'o(\u,...,.\II.,."I....".....' ."... ..~....... KEENE ENGINEERING CONSULTANTS, INC. Agenda Item No. 7A February 14, 2006 Page 25 of 67 C)~:~~~~~~~.."~:?f~~b;'-o..;' ...~-_,~~-~~;~7..:~-.,-"-~':""-'.':. PLANNING. SUBDIVISIONS · DRAINAGE. UTILITIES CU-2004-AR-S439 PROJECT #2003110016 DATE: 3/4/04 MICHAEL DERUNTZ {COMPANION TO V A-2004-AR-S438} February 25,2004 Collier County Transportation Services C/o Christine Willoughby 2800 North Horseshoe Drive Naples, FL 34104 RE: 56tb Avenue N.E. Excavation 7.73 Acres Within Golden Gate Estates Unit 45 (Folio Nos, 39030400007, 39030320006, 39030280007, 39030360008, 39030840007, 39030760006) Request for Waiver of Historical and Archeological Study - Conditional Use Application To Whom It May Concern: This is to request a waiver from the submittal requirement for a Historical and Archeological Study for the subject Conditional Use application, The justification for the approval of this waiver is the area contiguous to this site has been in earthmining operations since 1997 and no artifacts were encountered on the surrounding properties. Recognize this is a comparatively smalllake compared to the previously permitted excavation areas abutting the subject project. Thank you for your consideration. Should you have any question, please feel free to contact me at (239) 403-0123, Zincere " -'.~A:; eau Keene, P.E. RECEIVED rEB 2 5 2001t 1199 FIrs1; Avenue South. Naples, FL :34102 .259-40:3-0125 OFFICE. 2:39-40:3-9:399 FAX .;.... ': ~. '. : KEENE ENGINEERING CONSULTANTS, INC. cu- .. .. Agenda Item No 7A 2004-AR-5439 February 14. 2006 . . PROJECT #2003110016 Page 26 of 67 '. DATE: 3/4/04 MICHAEL DERUNTZ (COMPANION TO VA 2004-AR . . . - -5438) PLANNING. SUBDIVISIONS · DRAINAGE · UTILITIES February 20, 2004 Collier County Environmental Review Services C/o Christine Willoughby 2800 North Horseshoe Drive Naples, FL 34104 RE: 56th Avenue N.E. Excavation 7.73 Acres Within Golden Gate Estates Unit 45 (Folio Nos. 39030400007, 39030320006, 39030280007, 39030360008, 39030840007, 39030760006) Request for Waiver of EIS - Conditional Use Application To Whom It May Concern: This is to request a waiver of the ElS submittal requirement for the subject Conditional Use application. The justification for this request is the area in question hasbeen predominately cleared and used for the de-watering of the excavated material from the adjoining mines_ We have included the FLUCCS coding on the Master Plan and wili request Letters of Exemption from the agency if necessary, Should you have any question, please feel free to contact me at (239) 403-0123. 7? Beau Keene, P .E. 1199 FI~ Avenue South. Naples. FL 34102 . ~9-40:3-01~ OFFICE. ~9-40:3-9:399 FAX ....V-.VV1'-rt..t:...-.:1'1'.:17 , PROJECT #2003110016 DATE' 3/4/04 Agenda Item No. 7A . February 14, 2006 MICHAEL DERUNTZ Paae 27 of 67 (COMPANION TO V A-2004-AR:5438) -'DDRESSING CHECKLIST lease complete the following and submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are required. I. Legal description of subject property or properties (copy of lengthy description may be attached) \ o..>l<-. W~ . :i "\ \ 0 ..... 10'7 109 - z.'ji' 2. Folio (Propert)' ID number(s) of above (attach to, or associate with, legal description ifmore than one) ~"10.z.,.~ot 3 "J{)30~60Q)""" 3. Street address or addresses (as applicable, if already assigned) 5<..+'0 A. 'us; !\j . [; 4. Location map, showing exact location ofprojectlsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR uNPLATTED PROPERTIES) 6. Proposed project name (ifapplicable) . 7, Proposed Street names (ifapplicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP . 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIP A (SIP Amendment) o SNR (Street Name Change) o VegetationlExotic (Veg. Removal Permits) o Land Use Petition (Variance, Conditional Use, . Boat Dock Ex!., Rezone, POO rezone, etc,) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether propos~ or existing) o o o o o o ~ o PPL (plans & Plat Review) PSP (preliminary Subdivision'Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) ROW (Right-of-Way Permit) EXP (Excavation Pennit) VRSFP (Veg, Removal & Site Fill Permit) 11. Please Check One: 0 Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name Phone Fax 13, Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to _ ._ further review by the Addressing Section. FOR STAFF USE ONLY Priinary Number q~" "'12 fJL- Address Number 9~~~~ Address Number "I ^3dress Number 9.<0( "1 '" 9 llt"4 llol I Q't1!:,-,- 9,'1 ,"l :=S--J '14013., ~evised 3-21-01 Approv;d by 1l....~ (Y1 OKQI'V"\ 94-,3.2:;/ '14;q. ~ G\ t,.; "'~ '1"O~~ / ~"""f:l."4- '14"~4-v' Q,4-i4-S/ ~.,u..( Date rl-05- 03. , " , , PROPERTY DESCRIPTION. 56th Avenue N.E. Excavation REAL PROPERTY OWNERSHIP GOLDEN GATE , ESTATES PARCEL # . FOLIO # TRACT !lli!I ACQUIRED 1 39027480001 E 180' 84 45 02-0et 2 39030440009 W180' 108 45 02-0et 3 39030400007 W75' 107 45 03-Nov 4 39030320006 E 75' ofW 150' 107 45 J un-99 5 39030280007 W 75' 01 E 180' 107 45 02-Sep ,6 39030360008 E 105' olE 180' 107 45 J an-DO 7 39030840007 W105' 114 45 Jun-99 8 39030760006 E75'01W180' 114 45 Oet-98 9 39030880009 W 75' of E 150' ,114 45 Mar-98 10 39030800005 E75' 114 45 Jan-99 11 39030920008 115 45 Nov-98 12 39030720004 113 45 Mar-99 13 39030640003 E 150' 112 45 Dee-98 14 39030680005 ' W180' 112 45 Dee-98 15 39030600001 110 45 Apr-97 16 . 39030560002 109' , 45 Apr-97 , ~ EXHIBIT ';B" Agenda.ltern No. 7A February 14',2006 Page 28 0167 u ~" >?a 00 a~ "'c ~~ F;;:o-_~' ___~____.,-_____._ ._.._ " 'el~ ~~ '" 02 - ~o z'" ~c "'0 ;;z " :2 (i::\ FOUO # 39030320006 ~'" ~ EAST 7S' of WEST 150' of TRACT 107 :::u _______.__ " {,';:;.. FOUO # 39030280007 FOLIO # 39030600001 ~ 01, ',' ~~EST 72:...of EAST 180', of TRACT-2..0~ TRACT 110 p\ .,. ~' FOUO # 39030360008 . I \2Y :10 e_ EAST 10S' ~ EAST ~O' of TRACT 1 ~ -,- -'- _ _ _ -'- _ __ , ~. FOLIO # 39030840007 ,'. , 3>>... \.::'.I~ WEST...2..0~f~CT 114 _ ~ FOUO #, 3903068000S A <. r;:;:;.. FOUO # 39030760006 . WEST 180 of TRACT 112 ~ \SEAST 75' of WEST 180' of TRACT 114 m /(i)I-' FOUCH 39030880009 -. - - - ~ - ~- Z \:::::I WE 7..[.. 0.L~ 1S0' ~!..r~T-.!..lU FOLIO # 39030640003 . c: -... FOUO # 390308D0005 -, EAST lSD' of TRACT 112 ..m EAST25'~ ~CT 1~ +.~ _ -:- _ _ __ Z . m .. (8) ." CU-2004-AR-5439 PROJECT #2003110016 DATE: 3/2/04 MICHAEL DERUNTZ COMPANION TO VA-2004-AR-5438 , Agenda"tem No. 7A February 14..2006 Page 29 of 67 =E ", .' . en ~ z '8" FOLIO # 39027480001 . . . EAST .1 80' of TRACT 84 ." --------- ~ FOLIO # 39~30440009 ~ WEST 180' of TRACT 108 I ....-,----.1- ----- - -- _:..._-~----~. . \SI -... .... ---- - NOT A PART~- >< . . OF THIS PROJECT, . ..;.....-: . '. ----" ~ FOLIO # 39030400007 ~ WEST 7S' of TRACT 107. FOLIO # 39030S6D002 TRACT 109 --------- I FOLIO # 39~;D920008 I. TRACT 11S . I I I . FOLIO # 3903072004 TRACT 113 @ DA 56th AVENUE N.I;. EXCA VA TION OWNERS" EXHIBIT KEENE ENGINEERING, -.-.-.- ...---.--- _"'__. ,,--- - ~\ V A-2004-AR-5438 PROJECT #2003110016 DATE: 3/2/04 MICHAEL DERUNTZ (COMPANION TO CU-2004-AR-5439) Agenda Item No, 7A February 14. 2006 3063679 OR: 3f3~ ~62248 UCOIDID in OUICIA!. ucoms of COLLIBl coum. . 10/18/2002 at 08:I!AK DVIGBY I. BROCE, CLIU CORS 3U50, 00 KlC m 10.50 DOC-.70 215.00 Prepared bv and return to: Berry & Greusel 1104 North Collier Blvd Marco Island, FL 34145 941-394-8111 File Number: 02-8319 Retn: BUll , Guum 1104 . COLLIII 8LVD KARCO ISLAlO IL 31145 . [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 4th day of October, 2002 between Sherry Barton, whose post office address is 5001A 27th Place SW, Naples, FL 34116, grantor, and Bradar & Company, Inc., a Florida corporation whose post office address is 1810 J & C Boulevard, Ste. 10, Naples, FL 34109, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives. and assigns of individuals, and the successors BIld assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOIlOO DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate. lying and being in Collier County, Florida to-wit: . East 180 Feet of Tract 84, Golden Gate Estates Unit No.45, according to the map or plat thereof as recorded in Plat Book 7, Page 30, Public Records of Collier County, Florida. Parcel Identification Number: 39027480001 ," Subject to easements, restrictions, and reservations common to the subdivision. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a p&rt of homestead property, Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoublenmN \. - ... J Agenda Item No. 7 A February 14, 2006 ttt OR: 3B39'PG':Of!l49 ttt Signed, sealed and delivered in our presence: Jl/{dJJp(J€'-'~ .. w7e: :;;"'Im~;:~{ Witness Name: #1TIt::.Jt:. Hr-&"to"i,r ~rD~' Sherry Barton (Seal) . Stale of Florida County of Collier The foregoing instnunent was acknowledged before me this /0 of October personally known or [X] have produced a driver's license as identification. [Notary Seal e PATRlCKG, FITZMORRIS ~ l!i My Com.. Elop. 2I24ttl4 . , No. CC g1M12 . 11__11_'.0. " Sherry Barton, who U are Notary Public Printed Name: My Commission Expires: ." WamJnly De.d - Page 2 DoubleTlm.. -, ~ . Agenda Item No. 7 A *** OR: 31~~~~~il47 **t ,. Signed, sealed and delivered in our presence: V~PA1~J ~~er~'~ew) Witness Name: 77','c/C. ,,""".1.S State of Florida County of Collier The foregoing instrument was acknowledged before me this Iv day of Octob U are personally known or [X] have produced a driver's license as identification [Notary Seal] e PATRICK G. FlTntORllJs ~a My c..... E>l>. 2124104 No. CC 913412 ---.- IJOlhwr.o. Notary Public eI'ly , who Printed Name: My Commission Expires: . Waffltnly Deed - Page 2 DoubleTlm,. - V A-2004-AR-5438 PROJECT #2003110016 DATE: 312/04 . MICHAEL DERUNTZ (COMPANION TO CU-2004-AR-5439) Prenared bv and retum to: ~7 3294906 OR: 3~~2~~9L1~i RECORDED in OFFICIAL RECORDS of COLLIER COURTY, FL 11/13/2003 at 02:15PH DiIGHT E. BROCK, CLERK CORS 40000,00 REC FBI 10,50 OOC-.70 290,00 Law Office of Jamie B, Greusel 1104 North Collier Blvd Marco Island, FL 34145 941-394-8111 Pile Number: 03-9016 Retn: BBRRY 1r GRBUm 1104 R COLLIBR BLVD HARCO ISLARD FL 34145 rSpace Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 22nd day of October, 2003 between Leslie P. Dickerson and Roy T. Parker III whose post office address is 487 Goodrich Road, Wheatland, WY 82201, grantor, and Darryl J. Damico, a married man whose post office address is 1810 J & C Boulevard, Unit. 10, Naples, FL 34109, grantee: (Wbencver used herein the terms Wgrantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives. and assigns of individuals, and the succes,sors and assigns of corporations, trusts and trustees) ..' Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOli 00 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida to-wit: The West 75 feet of Ti'act 107, GOLDEN GATE ESTATES UNIT NO. 45, according to the Map or Plat thereof as recorded in Plat Book 7, Page 30, Public Records of Collier County, Florida. Parcelldentilication Number: 39030400007 Subject to ad valorem real property taxes for the year of closing and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas and mineral interests of record; if any and restrictions, reservations and easements common to the subdivision. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, Dor is it contiguous to or It part of homestead property. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. T~ Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 3J, 2002. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year firS! above written. Ooublenm.. Agenda Item No. 7 A February 14, 2006 *** OR: 3442 PG~e !o~r *** . Signed, sealed and delivered in our presence: 0. " itnes t?-' I,.. Y""' \>-/':-' \:'., '?"")', r 0, "-,,,..(Sea]) Leslie P. Dickerson '-1.9 Wimess Name: . ~ Wim Nam :,[;j.&~'1= Y~J:?~LAW Roy T. ~ker, III (Seal) . Witness Name: .,:.......t'fl\; ,L.~'''.s State of W~j,"';'~ County of ,?\ _ . The foregoing instrument was acknowledged before me thiS'.:;)'X'~;J~f October, 2003 by Leslie P. Dickerson, who ~ is personally known or [X] has produced a driver's license as identificL, ~K.Hompton~NOTAR'I'PtalC I '0-~"~~ k A-b,~~Y'\ [No S'all,nty 01 '.tIf\ ' r.' -Notary Pu I ~ .. ~~ . "'..........,"_ Ex' N wyQming Printed Name: --V" flf J' 1 \L. "" AYl"- IJ-tt.1Y'J ~~.'-'-I pIres ov. 27 -2004 . My Commission Expires: i\J ~~b--l ;)1\ ;)CO'-/ State of Nf:A..;.} ~OK--/c:... County of S,., CJ '-k... The foregoing instrument was acknowledged before me this fl day of October, 2003 by Roy T. Parker, III, who U is personally knoWn or [X] has produced a driver's license as iden~. . . 'fj:~ 13. ~ ' [Notary Seal] Notary Pu , Printed Name: ~~t..:T .6./11 elG~ .tf/~;/p C:, MARGARET B. MEIGHAN Notary Public. State of New York No. 01 ME5059291 Qualified i~~1~nt:t:, Term E)(plreS ;:; My Commission Expires: Warranty Deed - Page 2 OoubleTlme- Prepared by and Return to: Maryellan Cali INDEPENDENT TITLE OF NAPLES, INe 83B Anchor Rode Dr. Naples, FL 34103 SS# - GRANTEE 1: Agenda Item No. 7 A *** 2494723" OR' 2561 PG' 1678 *** February 14, 2006 " Page 35 of 67 mOlDlD 1, omclAl RlCOID! ,f COILIlI coam, II Oi/22/!!!! at lD:2DlK DilGIIY I. RlGCI, cml COil lSOUO ncm 6.00 nuC-.70 21,50 leto: liDllll101R! 1!!I1 O! BlIIBS IlClal ~1 WARRANTY DEED THIS INDENTURE, made this 11th day of June A.D. 1999 betw$en Sonia Gibson, an unremarried widow, surviving spouse ot Jack Gibson, Deceased d E!!: as Grantor*, whose address is: 5961 N.W. 51st Ave., Tamarac, Florida 33319- and ~ :z: :5 ~ >== ffi I lEe ~ Eo "" Darryl J. Damico, as to an undivided 1/2 interest and Bradley T. Damico, as to an undivided 1/2 interest both as joint tenants with full rights of survivorship as Grantee*, whose address is: 1810 J & C BLVD. UNIT 10, Naples, Florida 34109 WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NOIlDD DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, haa ~anted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to~wit: The East 75ft. of the West ~50ft. of Tract 107, Golden Gate Estates, Unit No. 45, according to the map or plat thereof recorded in plat Book 7, pa~e-30 of the Public Records of Collier County, Florida. Property Tax ID Number: 39030320006 SUBJECT TO easements, restrictions and reservations ot record, if any, and taxes fer 1999 and subsequent years. ~ said grantor does hereby fully warrant the title to said land, and will defend ;.::S the same against the lawful- claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has and year first above written. Witnesses hereunto eet grantor's hand and seal the day WIrNUS 1) S1 nAt PRINT OR TYPE NAII!E. ,,_ . (WITNESS 21 Si natur./"'1tIJ I/.I~ PRINT OR TYPI NAMi. (WITNESS 1) s1 nature I PRINT OR TYPE NAME. ~~ Sonia Gibson , (WITN!:SS 2) Signaturlll -- .~"qtJ //1 UEL.ob . PRINT Ok TYPE NAME: State of fj~rid~_ J County of ~ The foregoing instrument was acknowledged before me on this 11th day of June, ~999 by SAop.}.a Gibs~n. an 'W)remarried widow, who i. known to me or w~ produced IJtfJ z""'~ -MC#......,.J VQ. as identification and did take an oath. ~71 0<> 7lJ J, My Commission Expires, ~~ '" (SEAL) PRINT OR TYPE !lAM!. , AMS-WD-PLAIH Rev. 10/27/':14 'IW,///,//,/,,,//,,,,,,,,,,,,,,,,,,,,,."';"/"I . ...t1<v ~~ Mvvin Rlp,port ~ . "~NOtaryPUbllC.SWlOrPlOrida)1 . \~I CotnmiJIlonNo.CC61229J )( : OF,.J:I""MYCominJuIOflSlp.l/22J2001 ~ . &n.Md'nrou&hFla.Nlllrys.mc.6.....c.. ), (C(((C(CCC((C(CC(CC(C((C(CC(((((ccccclc AUG.27-U2 9:57j PAGE 2 .,"",... D" ,,",,""1 .. ..."CUQCL-j lf41:J'::I4U~<l':::li ~{ pl"f"opn~d hv and mum.l2: Berry &: Gn,UteI 1104 North Cttlller BI"d Marea bind. FL 34145 UI.]9-C.llll I:jle Number. 02-1265 Will Call No.: .Is..- A.boW Thilltnclo1"M.cDOI'cli-.b!wIl_. Warranty Deed This W.rr.nty Deed made this 30th day of AaIUSt.1ttn between Joel M. nmalJ and Dllrlent: J. DeaD'" kutbllnd and wife w1~ puI>l omce addreu 1l 7711 W Twp Rd. ''17., Ka..... OH oU841, aramar, IIId Da.,,1 J. Damko, . lIIarried man. and Bndley T. Oandeo. a manied mn whos. poll oMce IIlfdms iJ 1810 J " C BODlevard, Unit 10, Naples, FL .54109, cnmtcc: (WlaeYll' .... Joc.ciJl ... ICl"InS .ClMlor'" IUId "lJI'-.tGG" Inndc aU 1hc r-\Q; II,l IIWs IllSU'\Iment IlIId Ilt bc:1n. I~ ~lllm, and aWllll af Iudi"wIllll,1fICI dIc_uca......lplafClll'pOf'ltiaM. Lwsb 1lId-=S) Witnessetb, that said If'IDtor, for Ibd in CORIldenttion ollbe sum orTEN AND NO/I 00 DOLLARS ($10.00) and olher ROod. IIDd valuable conaidcrations to said a.ramor in hltl1d paid by said Imltee. the rece1pt wh....nr is herwb)' ackaowlodgcd, tuu Iflmled, buplnod, and: sold hi tht Slid pantco. and grantee'.. heirs and assians forever, \he following: chlscn"bed lD.nd, ..ilUllte, l)'in&:: IIDd bcioa In Collier CoIInl" Morlda ~wil: . n. Wed 75 I_t of the Rue 180 fNt orT,.ct 107, COLDEN CATE ltSTATItS UNIT 45. ac:c:ordlnr: '0 .... map or plat thereof III rcconlcd 'n rlat ..... 7, raCe JO, P..bllc: Record_ or Collier CuuDly, Florid.. p.rccl 1dcnUGatJoa Number: 39030280007 Subject to euemenb, redrtcdoOl, .ad rtHl"VIIUOIU rommoa '0 tbe Iubdl"blon, To.eefher with: alllhe l.cm~l4. heredit&mentl and ~ tberDto belonain& nr in MyWise IIPper'tRitUnJ. To Rave ..... to Hold., thlll~e in ree simple forever. And lilt ~tor hereby covellant! wllh $lid crant.ct tballbc gramor Is lawfully seized or said land in fee ,implc; that tho pantor bII5 sood rigblllDd. lawfulauthorlly to ,eU IlId CO1M)' saltllund-, that the ;nmor hereby (ully warntnl5 the title to said land and will deAlnd the Mm. _s_ln. the IIlwt\ll c:aalmJ of all penCtM wtwmaot'lttl aDd chat ..14 l.nd " ".. of' Nt encum'bnnc:cs, "~taxes aCQ"Ojnc ~ to Deccaabcr 31, 1001. III WihseJI Wbereot JrMIOf iuu hereuntc 1ft IInmtor'l hand aM ~.I the dDy and y,*, flfSl. .bo\'\7 written. DoubllTlm.. Agenda item No. 7 A February 14, 2006 Page 36 of 67 cr- ~ <3" 0- c..i ;!: g ~ u.. C> g ..... Fb 5!1 I'! z 0:: 1'3 0:: Prepared by and Return to: m 2582040 OR: 2631 PG: 2183 *UA~~~~~~~~4~~ob~ RICORDIO In omclAL RlCOIDS of COLLI!l CDOII'I'I, FL Page 37 of 67 01/l1/lDDO at l1:llAR OilGHT I. IROC!, mRI CaRS HOD. 00 RIC /II Un OOC-.lO lUn' MaryeDe-:l Cali INDEPENDENT TITLE OF NAPLES, rNe 838 Anchor Rode Dr. Naples, FL 34103 55ft - GRANTEE 1: Reto: IROIPIROIRIIIlLI OF RAmS PICl OF *~ WARRANTY DEED THIS INDENTURE, made this 7th day of January .' A.l?" 2()O.9 ~~tween. Jane D. Morgan, a married person, f/k/a Jane D. Stoltzfus, the surviv~ng spouse of Earl W. Stoltzfus, Deceased as Grantor-, whose address is: 756-A Hilltop Dr., Keystone Heights, FL 32656 and Darryl J. pamico. aa to an undivided 1/2 interest and Bradley Damico, as to an undivided 1/2 interest, both a joint tenants with full rights of survivorship as Grantee., whose address is: 1810 J&C BLVD. #10, NAPLES, FL 34109 WITNESSETH; That the Grantors, for and in consideration of the sum of TEN AND NO/lOa DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereaf is hereby acknowledged, has.granted, bargained and Bold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: The East 105 feet of the East 180 feet of Tract No. 107, Golden Gate Estates, unit No. 45, according to the map or plat thereof recorded in Plat Book 7, pages 30 of the Publio Records of Collier County, Flerida. The subject property is not the homestead of the grantor, nor is it contiguious to the grantors homestead property. Property Tax ID Number: 39030360008 SUBJECT TO easements, restrictions and reservations of record, it any, and taxes for 2000 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend. the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Witnesses (WITNESS II Si""'llture, PRINT OR Type NAME. (WITNESS 21 Signature. PRINT OR TYPE NAME: I (WITNESS 1) Siqnllturt, PRINT OR T~PE NAME. ~ fl. 3-....J: ,j"f)HJ.J A. ~$:.Ii~1" t;i..:... "W,,,J Ir /''1 14"11 'If ~ C( 1MU.V.I11~~ rt;"~8.~ ;t Jane D. Mo an _f k/a .:vane D. - stoltzfus (WITNESS 2) Signllture: PRINT OR TYPE NAME: State of Florida County of c..&o . The foregoing ~nstrument was aoknowledged before me on this 7th day 2000 by Jane D. Morgan, a married person, who is kno~m to me or who tAU....; ~'/ "'1 -e..- AS identification and did ~ take NOTAA12~r1c ~ f ,;Jd-<:- of January, has produced an oath. My Commission Expires: g-h/o:>- PRINT OR 'l'YPB HAMil:. {SEAL) AMs-WO.PLAIN Rev. lO/27/94 OFflClAL NaI'ARYSEAL MP.RG.t\1UiT E GIl.BERT NOT1-..RY roJUCsrATE OF FLORIDA COM~JISSION NO. CC764B15 MY CO~MISSTON EXP. AUG. 4,2002 ~1 <;' " I:j '" \,... r1l l1 ~ ... o ~ ~ I <> .... I Prepared. by and Return to; Maryellen Cali INDEPENDENT TITLE OF NAPLES, INC B3B Anchor Rode Dr. Naples, FL 34103 S8n - G:RANTEB 1 ~ *** 2489815 OR: 2557 PG: 1564 R1CORDID in omCIlL .RICORDI of COLLlII COO!ll, IL oi/1l/\999 .t.08:lIA1l OIIGHT I; II0Cl, CLIlI CORl lIlOO.OO R8C m 1.00 00C-,lO IOUO Retn: IROIPIROIHT lllt! 01 RAIL!! PICI 01 WARRANTY DEED THIS INDENTUR2, made this 4th day of I A.D. 1999 betwee.n Juno David C. Ford an~.~:rY S. F_?r.~!..__~IIl?~n~ and.W!.f_l!. as Grantor., whose address is: P. O. Box 18, South Canaan, Pennsylvania 18459 and Darryl J. Damico. a married person, as to an undivided 1/2 interest and Bradley T. Damico, . I"arried per.Em, .. t.o an IUldiv!d..4 1/2 int..rout, bot.h .. joint. tanant.. wit.h :f1,.11 right_ or: a8 Grantee"". .....hose address is: 1810 J " C Blvd ttJ.O, Naples. Florida 34109Survivorshil WITNESSETH: That the Grantors, for and in consideration of the Bum of TEN AND NO/lOO DOLLARS ($~O.OO) aDd other valuable ooneideration. to eaid grantor. in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee'l!l heirs forever the following described land loeated in the County of Collier, State of Florida, to-wit: The West ~05 Feet of Traoe 114, GOLDEN GATZ ESTATES, UNIT NO. 45, according to the plat thereof, as recorded in plat Book 7 at Page SO of The Public Recorda of Collier county, Florida. The subject property is not the homestead of the grantor, nor i. it contiguioua to the grantors homestead property. Property Tax ID Number: 39030840007 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1999 and subs~quent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day . and year first above written. Witnesses as to both signatures /)a.v,p C-. ~. David C. Ford PRINT OR TYPE NAME i\(J4JVMtr.::> JOURNOU~ . t~/. i.<1..d' WALTERS /(~ r-,f. --rr1 Mary Ford PRINT OR TYPE NAME I (WI'l'NESS 2) Sic;nllt\1re, PRlNT OR TYPE ~l State of Pennsylvania County of \;.)(l.. '\ /I €. The foregoing instrument was acknowledged before 1999 by David C. F~d ~d Mary~. Ford, Husband who has produced ...bJ (' lVfr'5,. L \ c.e n~~ take an oath. me on this 4th day of June, and Wife, who is known to me or as identification and did ~ ,-" "~''';:., i\(I~ trvA('.lmln)yoJ)tt~ NOTARY P Ie PRINT OR TYP NAMEI No.nci M. Lo k,oCo'louS Commission E ires: NotarialSq,I N8W, M. LsThumous. NoWy PubIo ..."","r.:'""":~.IuIy~ M9mbel'.f'tnnwtvanlll" r1~ ""Of MlS-IfD-PtAIN Rev. 10/27/!J4. (SEAL) **1 Agenda Item No.7 A February 14. 2006 Page 38 of 67 *** 2406457 OR: 2490 PG: 0451 *** RiCORDIO 10 olllcm RlCORDS of COLLIII CDBR'/!, IL 12/10/9B It 01:5BPK DiIGHI I. BRDCI, cml RIC III 6.00 eDPIU 1.00 ~r RIlD: Rill PROURII BlI Ill! REVERTER DISCHARGE Ii< RELEASltll omcl KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc, fi"kla GAC PropcrtiCI Inc., flISt party, for and in consideration of the 8um of Ten and Nol100 (SI0,00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a politicalaubdivision of the Stllte of Florid., sccond party, the receipt whereof is hereby acknowledged, . (w:h~ey~_ruscQ h~in the tenns "flISt, party~, and,l',ccond party." shall include all the parties to this insttument and their respective succes&on and assigns.). HEREBY remises, releases, acqultll, satisfieR, and forever discharges the fint party's reverter right under . Paraaraph 5 and the fll1lt party's riaht of fm refusal contained in Paragraph 8 of the Agreement dated November IS, 1983 betwecn Avatar Properties Inc., file/a GACProperties Inc., and Collier County, a political subdivision of the Statc ofFlorlda, as recorded in Official Rccords Book 1340 at Page 270 in the Public Records of Col1ier County, Florida, for the lands described as: The East 75 feet of the West 180 feet of Tract 114, Golden Gate Estates, Unit 45, according to the plat thereof as recorded in Plat Book 7, at Page 3D, of tbe Public Records oreallier County, Florida G .;:];NESS WHEREOF, 1e ,. . A.D., 199B. I have hereunto set my hand and seal this / /f4 day of Signed, sealed ,and delivered inp nconf:. c4L .l,-k... (print name) l'lAW"k~ hwi1fI ~"S\;!~~_) '\1 u ,(I, I .v~ <i(l~ (print name) Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) .. STATE OF FLORIDA: COUNTY OF DADE: . L 'the fpregoins Reverter DischarSe " Release wa. acknowledaed before me this Jtr!.l day of ~~L . 1998, by Dennis J. Gel:man, Executive Vice P~ldent of A vatu Propertics Ine.. a Florida corporation, on behalf of the corporation. He is personally known to me or who. has produced as identification. ..\ (print Name ofNotuy) NOTARY PUBLiC Serial/Commilaion #: My Commission Expires: ., .. '.'f' .. '.: .,:..".e." ',:':::~ ..d~'d Jtn~,---- .. J.. . . . ,,~,,~. .,-~ ....:.. ,." V..L",i o 1CIM8!IIL Y Cl.ARK NOTARYPlJDUCarA'l'IOI'PLOIlIDA COMMISSION NO. CClS!82O MY COMMISSION P. 23 Agenda Item No. 7 A February 14, 2006 Page 39 of 67 ~u ...-" <:................. .,.; U"tr'I' 239-394-,1840 p,l De!alls Page 1 ofl - Current Ownerahf Pro Add HOBITIADDRIH Fallo No. :11030810000 owner N_IM BRADAR AND COMP,A.NY AddrMlftl; "110 JANDe BLVD aTE to ....1'LE8 81at8 FL ZI 341U8.1816 I I ,.. He. I _No. L .... 3409D01143SDCl4 11 14.019S utI.11 GOLDEN QATE EST UNIT "II W 7SFT OF I! 110" OF m 1'. a.c:tIon I TownahlD i Rl;na. I ...... .. 4B .. 1.14 Sub-No. - - ...... GOLDEN GATE EST U,NIT 45 . VACANT RE8IDENnAL 2003 Final Tax Roll Values Late "History .r- ,"\ . 1Iook. pa". \ I Amount mL.Ull I . 3,100.00 I ~ Land v.... S 1,270,00 ... I rovM'lI'aw. ao.oo . MM'Mt v.. $" lTG.GO . SOH EJl.1Im Value $ DJlD Anaoed Vahle $ 8 0.00 . KOrneM4.ad end oth.r exempt V.lue Ii 0.00 . Tnablll Value S 11,.210.00 SOH . -Sl.ve OU' Ham..-..-npl Vl:1ue due to cap on ......men! ......-. 0.10 1 OSI18M I ... ~ InfcRnl!lIton I. Up~"d Weakly. bttp:Jfwww.collierappraiser.comlRecordDelail.asp7FolioID-OOOOO39030880009 "')110,..,n,..... Agenda Item No. 7A February 14, 2006 Page 40 of 67 Prepared by and Return to: *** 2424732 OR: 2505 PG: 0750 *** RlCORDI! In OmClAL RlCORDI of COLLIJI cm!!, IL 01/25/99 .t 1I:51All D1IGBf I. BIOCl, CLlIl Call IIC /BI DOC-.IO Maryellen Cali INDEPENPENT TITLE OF NAPLES, INC --..-<;j 3 8 Anchor Rode Dr. aples, FL 34103 ~s# - GRANTEE 1: Retn: IIOIPIIOIII TIILI O! RAlLiS PICIOP 1500.00 1.00 SUO *\D WARRANTY DEED THIS INDENTURE, made this 21st day of January . A.D. 1999 between Steve E. Ellis as Grantor., whose address is: 1775 Golden Gate Blvd West, Naples, Florida 34120 and Darryl J. Damico, a married person, as to an undivided 1/2 interest. and Bradley D.lllic:o, ... ",arried. per.on, .. to an undivided 1/:1 int..re.t bot.h .. joint. tan.nt-. vith full right.. of* as Grantee., whose address is: 1810 J & C Blvd., U-10, Naples. Florida 34109 *survivorship J 5 1 ~ r.. '" a ~ f- ~ ~ I WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/lOa DOLLARS ($lO.OO) and other valuable considerations to said grantors in hand paid by said grantees, the reoeipt whereof is hereby aoknowledged, has granted, bargained and Bold to the grantea and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: The East 75 feet of The East 150 Feet of Tract 114, GOLDEN GATE ESTATES, UNIT NO. 45, according to the plat thereof, as recorded in-'Plat Book 7 at Page 30 of The Public Records of Collier County, Florida The subject property is not the homestead of the grantor, nor is it contiguious to the grantors homestead property. Property Tax ID Number: 3903080005 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1999 and subgequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor haa and year first above written. wi tnesses hereunto set grantor's hand and seal the day ,,~^' t V2-- Steve E. Ellis (WITNESS 11 s1 atvre. PRINT OR TYPE HAMS. (WITNESS 21 s1 ature: PRINT OR TYPB NAMB I (~TNESB 1) Siqnaturel PRINT OR TYPE RAMEl (19IT'NKSS 2) Siqnature. PRINT OR TYPE NAME. State of Florida County of Collier The foregoing instrument January, 1~9. by Steve "l\1\1,i. ~'N:JA< n) was acknowledged before me on this :1-J:i.it day of E. Ellis, who is known to me or who has produced as identification and did taka an oath. ~y Commission Expires: ;;;;"1" .,iAAv - ~ f!:\';&Iif~\ MYCONMIS'iiI:'1~fCC44J711 ~~_@ EKrIREs.r,1.1lcIl8.1S99 ~~,i!r1-'\~- emdedlhru~Publc:urwr_~11 AMS.WC-PLAIN !lev. 10/27/94 Agenda Item No. 7 A February 14, 2006 Page 41 of 67 ~repare'd by and 'Return to: Maryellen Cali. INDEPENDENT TITLE OF NAPLES, INC 838 Anchor Rode Dr. Naples, FL 34~03 SS# - GRANTEE 1: *** 2393537 OR: 2479 PG: 0084 *** RlCORDID in OPlICIAL RlCORDS of COLLIIR COUlfi, lL 11109191 at 09:l8AK DVIGHT I, BIDCI, CLIRI ClII1 10000.00.' IIC !BI 6.00 OOC-.IO BUD Retn: IIOBPIHDIKT TITLI 01 KAlLIS PICID! ~\\ WARRANTY DEED THIS ~NDENTURE, mads this 23rd day of , A.D. 1998 between October ~J:h'l.1_:L James Fisher.__ as. 2/3rds-- interest and claire Windes,-. as 1../6tlr- in.t:e.reat- -&ria- Nancy Hacker, as 1/6th interest as Grantor*, whose address is: 1524 N. Carolwood Blvd., Fern Park, FL 32730 and Darryl J. Damico and Bradley T. Damico, Each as to an undivided 1/2. interest with full rights of survivorship as Grantee*. whose address is: 1725 County Road 951 Ste 107. Naples, Florida 34116 WITNESSETH: That the Grantors, for and in consideration of the sum ot TEN AND No/IOO DOLLARS {$lC.OCl and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereot is hereby acknowledged, has ~ranted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: All of Tract ~15. GOLDEN GATE ESTATES, UNIT NO. 45, according to the Plat thereof, as recorded in plat Book 7 at Page 30 of The Public Records of Collier County, Florida The subject property is not the homestead of the grantor, nor is it contiguious to' the grantors homestead property. Property Tax In Number: 39030920008 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1998 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, -Grantor has and year first above written_ Witnesses hereunto set grantor's hand and seal the day. (WITNESS 1) S1 nature I PRINT OR TYPB NAME; lWITNESS 2) S1 nature: PRINT Oil. npi: NAME:: (W1TNESS 11 51 nature: "- PRINT OR TYPE NAME:: (WITNESS 21 S1 ature, PRINT OR TYPE NAME, - ~marl< et~~.J'~ 'iP..o\w~ ~~/i)~/ Claire Windes Nant~jj. i-Jv 1'1/ i:J~ State of Florida County of ~ The foregoing instrument was acknowledged before me on this 23rd day of October, 1998 by Arthur J her and Claire Windes and Nancy Hacker, who is known to me or who s produced f!. J'')e.. L-r . as identification and did p' take an oath. F.;tfeOctsD""'67.:tSSD VJ5~>:Z.lbf&'~E"6, ....~ Down M '...,... 1+ ii-bc> up! ~ g;o I c> I . *.,.*MYCom:ninian cellS1'fI . '\;..:;.'&pites July f1,2001 C ~""".---:7 ---.J My Commission Exp::J..res: NOTARY P (SEAL) PRINT OR TYPE NAME: Agenda Item No. 7A February 14. 2006 Page 42 of 67 . . Prepartd by rind Return to: *** 2454974 OR: 2529 PG: 0126 t*t R1CORDBD i. olllcm RlCORDS of COLLIIR COOl'll, lL Ol/lO/lm It l1:IUH OUGHT I. BROCI, CLlRI COIS 32001.00 RIC m 6.00 0.C-.70 221.D0 Maryellen C....li INDEPENDENT TITLE OF NAPLES, INC '38 Anchor Rode Dr. {aples. FL 34103 SS# .~ GRANTEE 1: Rnt.: IHOIIllOlHl llTLI at HAms PICIUP ~(V WARRANTY DEED THIS INDENTURE, made this 25th day of February . A.D. ~999 between FLoyd A. Krebs, Jr. and Beverly G. Krebs, Husband and Wife o as Grantor+, whose address is: 10716 Sedco Drive, Union. Kentucky 41091 y and 'k J\, .l . f ~ Darryl J. Damico, as to an undivided 1/2 interest and Bradley Damico, as to an undivided 1/2 interest both as joint Tenants with full right8 of Survivorship as Grantee*. whose address is: IBI0 J & C BLvd #10, Naples, Florida 34109 WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($lQ.OO) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and Bold to the"grantee and grantee's heirs forever the following described land located in the County of Collier. State of Florida, to-wit: ~ ~ . . . . ~ a ~ ~ ~ , . All of Tract 1~3, Golden Gate Estates, Unit 45, according to plat thereof recorded in Plat Book 7, Page 30 of the Public Recorda of Collier County, Florida . Property Tax IO Number: 39030720004 3UBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1999 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the Bame against ehe lawful claims ot all persons whomsoever. a , ~ *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has and year first above written. Witnesses (WITNESS 11 Sign.tltte~ 0._ W~ PUNT OR TYPO .....,.n,i~1 w~ (WI'l'NESS 2) Sicmat=e. ~ PR:INT OR TYP. NNG:. .... ::t..,.,..~ :-..~ (WITNESS 1) S1cmature. ~].... 0 (I , ~~~ PR:INT OR TYPS NAMS. ~~~ ~o O.JS (W]:TNl!:SS 21 81 ature. .' PRINT OR TrPE NAME. State of Kentucky county of ~i, hereunto set grantor's hand and seal the clay ~ 1;241,. 1 ~~ ~ ,~.Kr~: . "" ~B.t:.liI.\~ The foregoing instrument was acknowledged before me on February, 19.99 by FLoyd A. Krebs, Jr. and Beverly G. who is known to me or who lyl-s produced. It.'i DR' Vf..R..~ identification and did ~ take an oath. this 25th day Krebs, Husband LI~Q'C,~~ of and Wife, as My Commission Expires: 7-Q"Cf1.10 ( SEAL) skL~ ~~ Lre PRINT OR TYPO NllME, Jl\I\ /26J'.iZ<::I A. &wL AMS-WO-PLA.:IN Rev. 10/2'7/94 Agenda Item No. 7A February 14, 2006 Page 43 of 67 ...----' 2415400 OR: 2497 PG: 2841 RBCORDID 10 OIllCII> mOIDI of COLLlIR collin, II I2/31/l1 at ID:IUl DIlGIIT I. BIOCI, CllII CORS 20DOO.DO iIC IBI 10.SI - DOC-,ID I11.DO ~\~ ~(J ~_:' := ~~f ::s g ~:, ....Q:;c;:: ~~C =0-' -:- lie~~ ~""~ Q~~ z~"" ~_z: ~ Q :5 ~ ~ ;:z Retn: IKDlPIIDIRl IllLI 01 RAlIBI PICI OP WARRANTY DEED (STATUTORY FORM-SECTION 689.02 F.S.) ___________ --- ,,1.. ,,;t-n---/IT---- - - ----- - ---- THIS INDENTURE, Made this X day of , Ii J.Le:-J , 1998, BETWEEN BettY Lou Gould, a single woman, whose post office address is 6619 Yorkshire Court, Holly MI 40442, Grantor* and DarrylJ. Damico and Bradley T. Damico, as tenants in common whose post office address is IXI/) :J'J (!fJlv'/'.w./{) J/AP/~~ Pi. JI/Jt;1 ,Grantee". " WITNESSETH, That said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, bas granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being . in Collier County, Florida, to wit: . ------------All of Tract No. Ill, Golden Gate Estates, Unit No. 45, according to the Plat thereof recorded in Plat Book 7, Page 30 of the Public Records of Collier County, Florida; and said grantor does bereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "Grantee" are used for singul~ or plural, as context requires. IN WITNESS WHEREOF, Betty Lou Gould, Grantor has bereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ~-P~' ~GOULD ~ ' .,; "'" '^ (\';\II01I1i:(\r'I ESS ~L~t,e.~I'\~('\N'\~ (print or type name) ~a.-~ WITNESS ~ I+.W,n ICe Is (print or type name) Agenda Item No. 7 A February 14, 2006 Page 44 of 67 . . . . . .,. *** OR: 2497 PG: 2842*** STATE OF MICHIGAN~- -/ COUNTY OFCIr-.\-<\C\ I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements; personally appeared BETTY LOU GOUlD and to me well known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and Slate last afore-said this "I ~ day of ~. (\ ../ . 1998, , .,/0 (l.\UQI, r..Yl1.fU ' ~c - State of Michigan SUS.a.N c. WIL.l..IAMS Notllty Public. Oakland County, M1 ..0:;. '''''('\l..\ r. u....\\\i(\l'Y"\<::.., . My Commission El(pite~ May 3, 2001 (print, Type or Stamped CoDllnissioned Name of Notary Public) Commission # ,j Personally Known :L.. OR Produced IdentifiCation _ Type of Identification Produced (SEAL) ::;~,~'.'~.;'_?t.:.'-:<... .' .-=::":~' .., -:-;: (\ ~. . ':':~" '.",;.' ~:~ .~ ~~ . - .'~ . .;.. :..~::':....,:'~"";:~~~::/ "--/"'<; \;.~> THIS INSTRUMENT WAS PREPARED WITHOUT EXAMINATION OF TITLE BY: CHARLES C, LEHMAN, ESQUIRE CHARLES C. LEHMAN, P ,A. 5455 Jaeger Road Suite B Naples, Florida 34109 Grantor S.S.# Grantee S.S.# Grantee S.S.# Property Appraiser Folio No.: 39030640003 Agenda Item No. 7 A February 14. 2006 Page 45 of 67 ~~ - -.!l ~ ,.... ~ F~OM I I ND~PENI)eNT T I n;E 941 549 4174 1999.137-09 12:21 11367 P.09/13 .1 Prepared. by and Rerurn t07 tu 2~.,/634 OR: 2302 PG: 2425 tU llCOIDID J. I!IIClAI mOlD, .1 COILlII coml, 1\ UllIlIlltU:'IUDI'IGlTI.IIOCI,CldIl "" 115DD.OD mm I,D! .'OC-,ll 11,5' ...., '., i Maryelll!!!n Cali IND2PSNDENT TITLB" OF ~PLESI IN!: 838 Anchor Rode Dr. Naples, FL 34103 GRANTEE TAX ID N'tJMElER I let.: lRIl!IlDlRi lIlll Dr 1"11I 11111/ WARRANTY DEED THIS IND~. made thit 11111?2. <U-/ r...l..... ~ 'J1l~ A.D. 1997 b.tween 28th day of Marfan R: Malfrn~;.-r?K1A-'.Mari.m-R: -Goets ~ I l!J a I 12 I as Grantor*. whose addre~a ie: J Broadmocr Avenue, pitt.burgh, penneylvania 15228 and. i ( . ; Bradar M Company, Inc., .. Florida corporation ! as Grantee., whoRe addraJ. is: 2121 County Road 951, Napl~s. Florida 34~16 i ! WrTNESSETH: That the orlJtora. for and in conuidsration of the .urn of TEN AND NO/loa .DOLLARS (S1o.00) and oth~r valuLble cOnBiderations to .aid grantor8 in hand paid by .said grantees, the recei~t wheraof iB hereby acknowIQdg~d, has gran~ed. bargained and sold to the grantee and grantee'. heirs for~VBr the f~llowin~ d.8cribed land lecated in the County Of!ccllier. State of Florida, to-wi~l . ! ^ll of Tract ~lO, GQUDER GATE ESTATES, UNIT 45 according to the Plat thereof a. recorded in plat Bob~ 1 at page 30 0: The Public Records of collier County, Florida . I , , \ ! The subject: property jis not the homest:eOld of the granl;or, nor is it contigu1ous to the grAntOr~ hom~Btead property. \ i pr~ertyTAX ~ Numbar:l~g0306QOOOl RU&JECT TO ea..mant., r~~triotion8 and reservationm of record, if any, aDd c&xeB for 1991 and .ub8~quBnt y..r8. I! Said grant-or does he.reby \fully warrant the tit18 to aai!;! land, and will defU1d. the 8ame again:lt the lawf.ul claims of all per.one whomlilloe~'..r. "'S1ngu1a.r and plural are \interchangeable as Obntext requi'~es. , I . L L TN WITNESS WHEREOF. Grarltbr haa hereunto set grantor' B h.'md and seal tha day and year first above wri~en. W1tneues : \ It. IW1TN&U" ."..,"..,~~ ~ /~ nnn 0lI. 'l'l'PB !WI!: _ ....j) ~ _ 0'" 1t"f-4L~- Marian R. Mullin IWI'TNZ9. 21 $11;Jnll.turc' d.Q,J...J.;,,"""-~ l'ltUl'T OJ!. 'l'1:PE NJI.M21 l-Q...~~ L'CO,,",. i ! I lWI~JUI11 .lq..,atU:l;"e1 PllIl", ClR TYl't: .J\IoU;, IWI"l'N811l8 2) B'f'P>aturo:.' Lo.........o(~;C~("i [lUm- 01. TYP'I. NAH!l> State of penn.Ytvania Co=ty of AIIU~""7 The foregoing ingtrument. :WAS acknowledged bafore me on thi.1I :28th day of !f1d.rc.h )fi,'y1'I. ~: 1.997 PY Marick R. Mallin, who is known to me or who hag produolld hQ~ PI!I1Wl.$ 1"/k1,"a. dh'.,}'-""". 1,~C4oyt$(!' a. identification and did. _~ take an. oath. '.i . 21:~~L.I: 717(J- ". ..,;:i.:f}~tN:r 0" T'fP~ W\Mtt1 ...... ,i My , ;. , Comrni811ion Expires: NatartDl sea! \S l1I.L) Ua~ K. Ulgen.. Nal3ry Pubno Donnant 8oftI. Allegheny Cauntv . M)'CommluIClnEwplr8tM~)'7. 1998 ... MllmtI:::f,~~ofNatalllll : )J4J-\9D-PtoUH Il.ev _ :lD/2' /u .- ", '.T~/l Agenda Item NO.7 A February 14. 2006 Page 46 of 67 ~,\o 00 ...3 ~ r- eS' 111 I *- I Iii I F'r::l:OM I t NDEPENDENl T r TLE: ':\ .~. . 9-41 '>49 <il174 1999.07-1219 12t19 U067 P.l2l3/13 Prll!pared by and Return to: .~ ~ ! Jdp:LES. INe ttt 2167636 OR: 2302 PG: 2429 ttt IlC010BO I, ormlIL UIlIIDI ,llllUlII COllIn, II 01/01/17 It 1I:5IIK '11G111 B. IIOCI, cr.m COIl 11101.11 IIC lIB I,Dt ODC.,lO 11.11 MarYellen Cali INtlEPImDENT 'tITLE OP B3B Anahor Rode Or. Naples, FL 34103 GlU.NTBE TAX 10 NUMBER I IItlll 110111I011I fIlL! or IllPLB! PlCI III WARRANTY DEED ; ; I THIS IND~. made t~1~ 28th day of March . A.D. 1997 between Maurrce-J. P:ec}dnill~gb-..'OIr'1'beima' A. Peckiiipal.igli, "iru-i1band am'! Wife i i .. Grantor., whee. addteuB is: GOD1 N. Mcrrieon Rd.. Muncie, Indiana 47)04 BAd i i , Dradar ~ Company, Ipc., a Florida Corper_cion i as arant~B.. whoae addre~. iSI 2121 County Rd. ;;1, N.pl~.. FL 3411' , ! :WI~SSE'I'R: That the f3~ton, fo'& and in conside.ration of the sum. of TEN AND 00/.100 DOLLAlUl ($lD. 001 and ot)l~r valuable considera.tionll to said. grantl:lra in hand. paid by said grantees. the recl!'ipt whereof ia here.by acknowledged.. baa sranted, barg'ai23ed anlS Bold. to the grantee! and grantee' I!I heir. foraver the following descrihed land located in. the Couney ofi Collier, State at Florida, to-witt f I l j All of Tr~ct ~D9. GProen Gate EstatBR. Onit No. 45, a~cording to the plat th.rao~, am recordB~iin Plat Soak 7 at page 30 of the Public Record8 of Collier County, Florida. ; , Property Tax 1D Numbe:r:l1Slo3osGDD02 11 ; , SUBJECT TO easements. restrictionl!l and reservations of record.. it any, &nd taxes for IQQ'1 and f.!I~bllequent ye.ars, s.i~ grantor do.. her6~!fUIIY warrant the title to .aid lanO, and will defend the eame ag~inst the l~wful claim. of all persons whomsoever. ! -Singular and plural a~e; interchangeable as context requiree. hereunto Bet grantor's hand and eeal che dBY r~~;"'d' cP ~/ L';.4:_,?L ThelrTIB A. Y;:'.ckinp..ugh (WInI'BSIl 21 ..1 I>.tu:re, PJUIIT OR 'tYPI NAMI, St.t. of Indi-na CountY' of DelB'il&re The foregoing instrument\was acknowledged before me on ~hi. lSl,' by Maurice J. Peckinpaugh and Thelma A. p.ckinpau~h. who b \1m to me or Wl1p hu produced; iclenti cation and did 2.- takl! a.n oath. 2Bth day of March, Husba.nd and Wife, .. ~/ij~ NOTARY PUBLIC' l'R.1Nf OR nn :.1>>rE. Ruth E. South _- ',1 ", J , Hy' Co~~:JfI~1oii ~;{~ee: ~O: ~ q~'9'iT~..,/ . .:'-~.~;-'}.: '~J l '. \~'. '. . 1 SEAL) ., , .! 1 ; AIU-t(D-PU,t. Itev. 1D/2'7/')4, Agenda Item No. 7 A February 14, 2006 Page 47 of 67 .N" - __n ~_N 0.' .~ =- . . COWl1OCOOo<N ." '" , 1-75 S.R.M ... . \ LOCA TION MAP . . " _OOCC<O<T'f :cu- 2004- AR. 5439 PETITION VA- 2004- AR- 5438 Agenda Item No, 7A FebrU81)' 14, 2006 Page 48 of 67 " " , , ! , , U40 U45 SITE MAP ..-.. CJ'!H' zl' -I",., Ii!; -hk ~,\,}i\: W"k w:!:,:;i!;;:' z'I," w'."l" LIJ",;!I~ ~i:",',I' ,:;'1: J iZ lez <c~ I<c '" lu~ ,x< IWl! 01 u.i ~ .>- "Z~ ':w'" :)IIJ Iz!i1 ,W:$ 0>'" <(;; .coO -::i ICOo Ill) Agenda Item No. 7A February 14. 2006 Page 50 of 67 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN THE "En ESTATES ZONING DISTRICT FOR EARTH MINING ACTIVITIES PER TABLE 2, SUBSECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE EXPANSION OF TWO DULY PERMITTED EXCAVATION OPERATIONS FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for earth mining activities. The request is for the expansion of two duly pennitted excavation operations on the property hereinafter described. The Collier COWlty Planning Commission has fOWld as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection I 0.08.00.D of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Beau Keene, P .E., of Keene Engineering, representing Darryl K. Damica, with respect to the property hereinafter described as: Page I of2 Agenda Item No. 7 A February 14, 2006 Page 51 of 67 Exhibit "B" attached hereto and incorporated by reference herein. be and the same is hereby approved for a conditional use per Table 2 of Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for the expansion of two duly pennitted excavation operations in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTI-IER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion, second and super-majority vote. Done this day of .2006. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , CHAlRMAN ATIEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK Approved as to fonn and legal sufficiency: O1"'dff;";q, /)h. h-e.-I1ct./J.: MaIj 'e M. Student-Stirling ~ --6 Assistant County Attorney CU-2004-AR-S439IMDR/sp Page 2 of2 ~ ~ Agenda Item No. 7 A February 14,2006 Page 52 of 67 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1, Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No_ tP/l/o..v\o..;k.- B, Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated by 50 -\, y,..JoJ-\lI)>." S _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ a."....... ~u.h.J. Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 1/ ,1;....0(, c~~ EXHIBIT "A" Agenda Item No. 7~ February 14, 2006 Page 53 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR . A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04,03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan; YeS~NO_ B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes /NO C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the dlstrict: Compatible use within district Yes ..c:::::- No Based on the above findings, this conditional use should, with stipulations, (copy attached) ("'mud no<) "'~ro~'nd,df~ 'PP"'"". /~ DArn:/-/~~C ~~~, . /Roi6aT {//tf~ /0777 Agenda Item No. 7 A February 14. 2006 \ Page 54 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR . A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2,04,03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district, 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B, Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Adequate ingress & egress YesL No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or _ Affect mitigated by _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the dlstrict: Compatible use within district Yes v No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval V DATE: /-//- c/ MEMBER: r ~ ,.. Agenda Item No. 7 A . February 14, 2006 Page 55 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETmON FOR . CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district. 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A, Consistency with the Land D,!elopment Code and Growth Management Plan: YesL No_ B, Ingress and egress to property and proposed structures thereon with particular . . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress / YesL No_ C, Affects neighboring properties in relation to noise, glare, economic or odor effects; . . _ No affect or _ Affect mitigated by. ~ ~ _ Affect cannot be mitigated ~ D, Compatibility with adjacent properties and other property in the dlstrict: Compatible use within district / . Yes~ No Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval MEMBER: . Agenda item No. 7 A February 14, 2006 Page 56 of 67 FINDINGS OF FACT BY COLLffiR COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04,03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. B. Consistency with the Land Development Code and Growth Management Plan: No j Yes Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or _ Affect mitigated by _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be reco=ended for approval DATE: / 111/ olP / ( HeJI16EJe.: &A ~. ~ Clh'..HlJ.f:;'dl. 't-n"'A-,. ,;( EXHIBIT "A" Agenda Item No. 7 A . February 14, 2006 Page 57 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR . A CONDITIONAL USE PETITION FOR . CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04,03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district. 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Cousistency with the Land Development Code and Growth Management Plan: Yes /No B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress . Yes~No_ . C, Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or -.lL' Affect mitigated by _ Affect cannot be mitigated t:-,' -. . D. Compatibility with adj acent properties and other property in the dIstrict: Compatible use within district YesdNo_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (,hv.dd llV~) be recommended for approval DATE: J ! J 1} C> (, MEMBER:~l C1:::b- . Agenda Item No. 7 A . February 14. 2006 Page 58 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING CO:MMISSION FOR . A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04,03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development ~d Growth Management Plan: Yes No / B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of/::"e. or c ophe: Adequate ingress & egress Yes No . - - C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ . ~ . 0 s.,Lrrt--.-..r Noaffector _Affect mitigated by 'Mfrw4/.- r ~'V'~ _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the c1fstrict: Compatible use within district . / Yes No L Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be reco=ended for approval DATE: 1- I r - oG NffiMBER: OZ ~ P!tLLL /17/bAJEY Agenda Item No. 7 A February 14, 2006 , Page 59 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR , A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district, 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of; A. Consistency with the Land Development Code and Growth Management Plan: Ye~ No B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress V Yes_ No C, Affects neighboring properties in relation to noise, glare, economic or odor effects; / ~ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the dlstrict Compatible use within district ' Yes V No DATE:~ I~ )<0 I MEMBER: Based on the above findings, this conditional use should, with (should not) be recommended for approval Agenda Item No. 7 A February 14, 2006 Page 60 of 67 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-5439 The following facts are found: 1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for earth mining activities in the Estates zoning district 2, Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of; A, Consistency with the Land Development Code and Growth Management Plan: Yes Y No B. Ingress and egress to property and proposed structures thereon with particular . reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes >C No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: Y No affect or _ Affect mitigated by _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the c1lstrict: Compatible use within district y.- Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 1- / J, 0 (.. MEMBE~ /~~ Agenda Item No. 7A February 14, 2006 Page 61 of 67 Legal Description of Subject Property: Subdivision: Golden Gate Estates Unit 45, Section 4, Township 48 South, Range 28 East, Property I.D. # 39030560002, 3903060000 1,39030680005,39030640003, 39030720004, 39027480001,39030440009,39030320005,39030280007,29030360008,39030840007, 29030760006,39030880009,39030800005,39030920008,39030400007 Acreage number: 44.00 Acres Total Ownership Exhibit "8" Agenda Item No. 7 A February 14, 2006 Page 62 of 67 Conditions for Approval of Conditional Use CU-2004-AR-5439 (January 19,2006) I. The conditional use approval to allow earth minin~ activities is limited to what is depicted on the Conceptual Site Plan, entitled, "56' A venue N.E. Excavation" last revised February 2004, which is a one-page set of plans prepared by Keene Engineering, stamped received July 12, 2004, except as further conditioned below. 2. A Type "D" buffer shall be placed along the perimeter ofthe property, 3. The minimum separation of 50 feet shall be provided between the excavation area and the property and right-of-way lines. 4. Profiles of the existing excavation on the subject property shall be provided to the Collier County Engineering Department within three months of the approval of this request and annually from the approval date until the earth mining activities are completed, 5. A common lake maintenance agreement shall be provided for the existing and future property owners at such time as the suhject property is developed for residential lots, or if the subject property is not developed as identified in the "Conceptual Site Plan", a Deed Restriction shall placed upon the subject property. 6. An access casement shall be provided for the two lots which do not adjoin the future lake area, at such time as the subject property is developed for residential lots, or if the subject property is not developed as identitied in the "Conceptual Site Plan", a Deed Restriction shall placed upon the subject property. 7. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Section 10.02.03, Site Development Review and approval, of the Collier County Land Development Code (Ordinance 2004-41). 8. The variance request (V A-2004-AR-5438) shall be approved by the Board of Zoning Appeals prior to the approval of this conditional use request (CU-2004- AR-5439), 9. The subject property shall be re-platted to the Estates zoning standards with the development of the "Conceptual Site Plan" which shall not exceed twelve home sites. 10. This Conditional Use approval shall expire fourteen months from the approval date of this petition by the Board of Zoning Appeals. II. All subject property excavation traffic shall be restricted from utilizing 54 Avenue N.E., and all subject property excavation activities will be restricted to the hours of7:00 am. to 5 pm. Monday thru Friday. Exhibit "D" ill\. HI 17 32 33 43 49 64 6ll 60 61 96 ;711211. 2E ~ .~1 34 47 SO 6.:3 86 79 B:/. ~~ 9B 11111.,27 16 17 18 12 19 3D +6 ~1 62 67 7!l 6~ 94- 96 11( 11! 2:6 15 HI:/.~ ~ ~ ~ ~ :r4f:r ~: 9 :w :/.9 36 45~7 84 83100106 lIB 2: 2221 a 21 25 37 44- 5:) Bt) 169' 76 BS 92 1m lOB I 11 2' uj 23 76 ~ Uill "'NhJI F.f 13 Z::1.4 l::J 25 - 02 12 l"- S 22 27 3B 43:>4- 5(17075 Be 611'. J0I11B ~ >= 2;; 4 2.J 2G 38 42 $:; :;0 n 74- la7 90 10 r~' "119 22 , 27 ~ solrH A' ....N~E . 11 026 t- 2 10 28 35 "'1 ~ 2.4 2~ 40 +1 :!6 ~7 72 73 86 IlB 10' Ie: 12.1: 121 30 35 1.xJ 13113J! 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'''', ~ ,~,~ II ~ ::;:~ I, i~il !~~z I J?f\ m I i 'li'I'I' II ' ::ifi'l ,I, , ' , ..J' 1111. i :.tJd 1':11" ~ i 'ill 11,1'1-' _~L. U i ~_l' 1r o c c. :;;;1,"0"-" ~(~~n; "",'I',!"'" w' !~' :z;':' a) :;p.1 , ~"A [.....~+ -_?, " ~ _\,'~l!ll-""'"'''' "~-~'.'.>o~'~"~' ,---------' '-s'r----::-'-.- 1- l :ee=' -~~:;Z:~r':~"6~;;;~4~~fltL" TYPiCALllTTORAI 5HF.~~ uJ ~ ~-zz8 I""'~ ""~"~"\"'''''''I ;!2WOt "'m,,,,, ,,~, ''''''" ",., "'^'!>'""" J '-':) :>; :~:~~:':',(:"'-l 'ow.""'~' "',,,,,,, 01 :;; z i= ~ ~;,~ ';:,;;::~'. .,.'.';;"', 't,-':,: ...." r: ~ W <C Il- ,,>->>z ,,'Kill''--_''.,''''"''''-=' ~.70r~ (, :l <C < ~ ~,~~,~~~ ::0 0..: ~?jj~'~ ,~., ~:~~~f:~. _ ~ ~ ~ g ~~~I~~~a:~~~i~:~~~::"/;2~ 11~" tl ':l1!l,~!HnU"IM:(E ~,:i)J~;~,ru _1,':':iTIl i' 1'1 '.. , I , '1',- ',' I E'c.~.aUonAppro"e I~:''''.J.~ '[-)'",,,,"00""'",11I",,,. """,..4.., I"'c.~'~..ll. Agenda Item No. 7A February 14. 2006 Page 67 of 67 To: Mike DeRuntz From: Stan Chrzanowski, P.E. Re: Jolly Excavation Mike: The Engineering Services Department strongly supports the Jolly Lake c.u. & Variance petition for the following reasons: I. At present there are three lakes at this site on fifteen different parcels that are contiguous and now under common ownership. This condition exists because of past limitations on lake size in the Estates that were contained in previous versions of the Land Development Code to discourage very large quarries from being opened in Golden Gate Estates, however, one large lake is preferable to three smaller ones. At present there is no limitation on lake size in Golden Gate Estates. 2. Larger lakes are healthier because they are less subject to changing water quality conditions than smaller ones. Temperature, D.O., pH, and chemical content are less disturbed by external influences in a larger lake because of the sheer amount of water. These lakes are entirely within the surficial aquifer in the sand layer. 3. Golden Gate Estates has very little true rainfall retention. The rainfall that falls near this lake will remain in the lake. The lake has no discharge. 4. Lakes act as "sinks" for the surface groundwater table around them because they contain much more water than an equal amount of porous ground would contain. The drawdown curve for groundwater withdrawal by a well is much less pronounced if there is a nearby lake. 5. This project is very near the eastern limit of Golden Gate Estates and combining the lakes will have no real impact on the surrounding areas. 6. There is a fill shortage in Collier County. These lakes are nearly complete, but combining them will allow the removal of material to a depth of25 ft and provide much needed fill for construction in North Golden Gate Estates. Agenda Item No. 78 February 14, 2006 Page 1 of 80 EXECUTIVE SUMMARY Petition: V A-2004-AR-5438, Darryl J. Damico, represented by Bean Keene, P.E., of Keene Engineering, requesting an after-the-fact variance from Section 4,02.02C of the Land Development Code (LDC) of the Estates Zoning District for earth mining to exceed the maximum site area (20 acres). The property is located between 54th Avenue N.E. and 56th Avenne N.E., in Section 4, Township 48 South, Range 28 East, Collier County, Florida, Companion Item: CU-2004-AR-5439 OBJECTIVE: Staff is requesting that the Board of Zoning Appea]s (BZA) consider an application regarding the above referenced Variance petition and render a decision regarding the petition pursuant to LDC Section 4.02.02.C in order to ensure that the community's interests are maintained. CONSIDERA TIONS: The applicant seeks an after-the-fact variance to allow for the interconnection and expansion of an existing earth-mining operation, The variance request is to exceed the maximum site area for an earth-mining activity in the "E" Estates zoned district. The subject property consists of 44.00 acres. Section 4.02.02.C of the Land Development Code (LDC) establishes the maximum area for extraction or earth-mining in the "E" Estates district at 20 acres with a Conditional Use. The application would exceed the maximum parcel area by 5.19 acres or 26 percent. Sections 22-] 12 (10) i, of the Code of Laws and Ordinances limits the maximum percentage of lake surface area for parcels over 10 acres to 50 percent. The application proposes a 25.19-acre lake area, or 57.25 percent of the total area of the parcel. This exceeds the maximum percentage by 7.25 percent. The Board of County Commissioners (BCC) amended Section 22-112 (10) 1. of the Code of Laws and Ordinances at their January 24, 2006 regular meeting, to provide for administrative variances to the maximum percentage of lake area for an excavation activity on a parcel of land, which the applicant has applied for. The applicant has been approved for two separate Excavation Permits (59.605 and 59.702). Excavation Permit 59.605 was issued in 1997 to allow for the excavation of materials on a ] O-acre site and the development of a 5-acre lake on the site (see Excavation Permit 59.605 Exhibit C). This permit was to expire on August 29, 2002. Excavation Permit 59.702 was issued in 1999 to allow the excavation of materials on a 20-acre site and the development of a 10-acre lake (see Excavation Permit 59.702, Exhibit D). The location for Excavation Penn it 59.702 is immediately east of the site for Excavation Permit 59.605 (see Aerial Map, Exhibit). The expiration date for Excavation Permit 59.702 was March 10, 2002. The applicant has continuously operated the excavation activities at these two sites, and has expanded the total lake area from the approved 15 acres to 19.1] acres. The Collier County Engineering Department has been attempting to bring these excavation permits into compliance over the past three years. The Engineering Department believes that the approval of the Variance and the Conditional Use applications would be a reasonable request to abate the current Excavation Permit deviation. They believe the combination of the two existing lakes into one larger lake would create beneficial effects toward storm water management, water quality, and environmental habitat (see memorandum - Exhibit). The applicant's submittal of this EXECUTIVE SUMMARY.rtf Page 1 of 3 Agenda Itom No. 78 February 14, 2006 Page 2 of 80 after-the-fact Variance application and the companion Conditional Use application (AR-5439) is an attempt to bring these sites into compliance. The property fronts on 54th A venue N.E. and 56th A venue N.E. The past, current, and future hauling from the excavation activities from this site were and will be limited to 56th Avenue N.E. There have been no similar variance requests submitted to the County in this area. FISCAL IMPACT: Approval of this Variance petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject property is located in the Estates designation of the Future Land Use Map of the GMP. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks an after-the-fact variance of 5.19 acres for the subject property, which has a maximum 20-acre limitation for earth-mining. Earth-mining is identified as a conditional use and an authorized use in this land use designation; therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the January 19, 2006, CCPC meeting. The Commission voted 8 tol to forward petition V A-2004-AR-5438 to the Board of Zoning Appeals (BZA) with a recommendation of APPROVAL, subject to the following conditions: I. The variance is limited to the extent of development as depicted in the applicant's site plan stamped "Received July 12, 2004" except as further restricted below. This site plan is included as Exhibit B; and 2. The variance is limited to a maximum excavation site area of 44 acres. 3. The variance is limited to a maximum lake surface area of 57.25 percent of the 44-acre site. 4. The approval of this variance shall be contingent upon the approval ofCU-2004-AR-5439. EXECUTIVE SUMMARY.rtf Page 2 of 3 Agenda Item No. 78 February 14, 2006 Page 3 of 80 The Planning Commissioner voting for denial indicated the reason for opposing the motion was her concern that the existing excavation rules were not being enforced. The CCPC strongly emphasized that the recommendation of approval of petition V A-2004-AR-5438 in no way excuses prior and/or un-permitted activities. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the Land Development Code (LDC). These evaluations are completed and have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: . Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? · Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? · A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. . The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. · Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. . Granting the variance will be in harmony with the intent and purpose of the LDC and not be injurious to the neighborhood or otherwise detrimental to the public welfare. · There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. · Granting the variance will be consistent with the GMP. RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition V A-2004-AR-5438, subject to the CCPC's conditions of approval as provided in the attached Resolution. PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department Of Zoning and Land Development Review EXECUTIVE SUMMARY.rtf Page 3 of 3 Item Number. Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUhiTY COMMISSIONERS 78 Th,sllem reqlHres Ihat all participanl, 06 swom in and e<parte disc losurebepro~idedoy Commi.siDn m..,mb..,rs. Petl(,on VA.2004.AR-5438 Darryl J, Damico, "'pro~ented by Beau 1<e..,ne, P,E.. 01 K..,..,ne Engineemlg, requf!sting an alter-tl'1e-filct variJ!nce from S€cli an 4.0202C of Ihe Land De~elopment Code (LOC) of Ihe Estates Zoning District for earth mining to exceed the maximum srte area (20 3c.....si. The pro~rty i~ ICKated between Mth AI''''llue N.E. and 56th Avenue NE, in SectlQn 4. Township 48 Suuth. Range 28 Eust, CQllier County, Flonda. 2l1412000GOt)'(JOAM 0_ Approved By Donald L, S~"lt T.-..nsf'<>rtntion S~"'i(,'''~ Tr"nsf'Drt~tiDn Planning Oir~cl"r T"m.sportati''''Pllmni!l1/ 1/27!2006S:!KAM 0.. Approved By Raya..llnW$ C<>n"'"lllltyOov<Jj"pnwrl\& "n\!ifQnmen!aIS"rvic"~ Chi"lF't",,,,,or Z"nin"&Lando..~"I,,pm..mR..v...w 11271;:00612:13Pf.l Aplll'oved By 0.. S"unMurray,AICP C<>mm"nltyO<Jvt'l<>pnl<!nl& En\!ir"nment~15..rvic..s 2:!)nin9&L~n<iO'u..I<>l>n""'tO'''''c1or Zoning & Lanmmunity O<!v"J<>pm..nt & Env;,ournent..IS",..i",,' EllVirQnm..M"rS"rvl""~A<.lmin. 1IJOI200&10:17AM Appro~'ed By Do. C'.>n.\~nceA.John''''n Cp"rnl;on" An..lysl Approved By C<>nlEnlluityOoV<Jh>pm"fn& C"mmH"ityO""",I"t,m."1l& Envir<:mm..ntal S..rviC"5 Envi"',mwnlai $""'i""", Admin. 11.10tU06.1:21PM N<>'mE,F"dM,AJCP lr"n~1>"'Mhr"'S"rvi""~ In''l~I,,,.!d;''nD;''i"j''nAdmi,,i.strolQr D.. Tr"n',!>ort"hn"Snrvi""sAclmill 11~11200l> e,Z5 ~M tlale Appruvtd By MmjnrieM.SllJdilnt COYIltyAtI"mey A~si~L1nt Count)' Altorney Counly Atl"""~V Off,,,,. lIn1Z01l610,J9AI\! Oale Approved 8y JosepltK$chmitt CnmmunityDev..lop'.....nl& Ef",irnnnJentaIS.,rvice$ C,m""n.IMityI).,nl"l',nnnl& Ellvimnrn'",I'aISe,vices Admil1~tr~tof {;amfnEl"ilyD~vul"llnlf>l1l & Environmental SHvice~ Adm;n, 1!31!2l1Q6U:15PM Dat.. Approved By OMB Cormtiru'lllf COUntyMllfllllWr'$otfit" Admin;M.~tiv.. A~"i.<tallt oo!,,~ 01 Man"geme'" 8. BUdQ<rt 11111Z00S1,4tPM Date Appro~'ed By Markls"""",,n County MallagM's Ofiin 8udgntAIlyst Offie't'"fMMagel'lWl1t&audg..t 2'2J200012:39 PM Dot.. AI'proved By J..m"" V. M\l<!d BoardofC"\lnty C<>mmiMicn..rs CountV"'"n"".., County M"t\o1p.."~ Office :li1l200.,1:42PM Agenda Item No. 7B February 14. 2005 Page 5 of 80 ~l~T County 'I._~~l&aw%'^,~_~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: January 19,2006 SUBJECT: PETITION V A-2004-AR-5438, JOLLY EXCA V A TION COMPANION ITEM: CU-2004-AR-5439 PROPERTY OWNER/AGENT: OWNER: Darryl 1. Damica 1810 J & C Blvd., Unit 10 Naples, FL 34109 AGENT: Beau Keene, P.E. Keene Engineering 1199 First Avenue South Naples, FL 34102 REOUESTED ACTION: The applicant is requesting a variance in the (E) Estates zoning district from the maximum site area requirement of a 20-acre limitation for earth-mining, to allow a 44-acre site area for earth-mining. The amount of variance requested is 5. I 9 acres. GEOGRAPHIC LOCATION: The subject parcel is located on 16 parcels of property between and at the end of 54'11 Avenue N.E. and 56'11 A venue N.E. further described as the Golden Gate Estates Unit 45 in Section 04, Township 48 South, Range 28 East, Collier County, Florida. VA-2Q04-AR-5438 Page 1 of B January 19, 2006 cepe Meeting LOCATION MAP V A-2Q04-AR-5438 Page 2 of 8 Agenda Item No. 78 February 14, 2006 Page 6 of 80 January 19, 2006 cepe Meeting SITE PLAN V A-2004-AR-5438 Page 3 of 8 Agenda Item No. 7B February 14, 2006 Page 7 of 80 January 19, 2006 cepe Meeting Agenda Item No. 78 February 14, 2006 Page 8 of 80 PURPOSEIDESCRIPTION OF PROJECT: The applicant seeks an after-the-fact variance to allow for the interconnection and expansion of an existing earth-mining operation. The variance request is to exceed the maximum site area for an earth- mining activity in the "E" Estates zoned district. The subject property consists of 44.00 acres. Section 4.02.02.C of the Land Development Code (LDC) establishes the maximum area for extraction or earth- mining in the "E" Estates district at 20 acres with a Conditional Use. The application would exceed the maximum parcel area by 5.19 acres or 126 percent. Sections 22-] 12 (l0) i. of the Code of Laws and Ordinances limits the maximum percentage of lake surface area for parcels over] 0 acres to 50 percent. The application proposes a 25.19-acre lake area, or 57.25 percent of the total area of the parcel. This exceeds the maximum percentage by 7.25 percent. The Board of County Commissioners (BCe) amended Section 22-] 12 (10) i. of the Code of Laws and Ordinances at their January 24, 2006 regular meeting, to provide for administrative variances to the maximum percentage of lake area for an excavation activity on a parcel of land, which the applicant has applied for. The applicant has been approved for two separate Excavation Permits (59.605 and 59.702). Excavation Penn it 59.605 was issued in 1997 to allow for the excavation of materials on a ] O-acre site and the development of a 5- acre lake on the site (see Excavation Penn it 59.605 Exhibit C). This permit was to expire on August 29,2002. Excavation Permit 59.702 was issued in 1999 to allow the excavation of materials on a 20- acre site and the development of a lO-acre lake (see Excavation Penn it 59.702, Exhibit D). The location for Excavation Permit 59.702 is immediately east of the site for Excavation Permit 59.605 (see Aerial Map, Exhibit). The expiration date for Excavation Permit 59.702 was March 10,2002. The applicant has continuously operated the excavation activities at these two sites, and has expanded the total lake area from the approved 15 acres to 19.] I acres. The Collier County Engineering Department has been attempting to bring these excavation permits into compliance over the past three years. The Engineering Department believes that the approval of the Variance and the Conditional Use applications would be a reasonable request to abate the current Excavation Permit deviation. They believe the combination of the two existing lakes into one larger lake would create beneficial effects toward storm water management, water quality, and environmental habitat (see memorandum _ Exhibit). The applicant's submittal of this after-the-fact Variance application and the companion Conditional Use application (AR-5439) is an attempt to bring these sites into compliance. The property fronts on 54th Avenue N.E. and 56th Avenue N.E. The past, current, and future hauling from the excavation activities from this site were and will be limited to 56th Avenue N.E. There have been no similar variance requests submitted to the County in this area. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: Two lakes, extensive clearing and earth excavation, zoned Estates North: Vacant, zoned Estates & Agricultural East: Seven vacant lots with one single-family residence, zoned Estates South: Vacant lots and single-family residences, zoned Estates West: Vacant, zoned Agricultural VA-2004-AR-5438 Page 4 of 8 January 19, 2006 cepe Meeting AERIAL MAP Agenda Item No. 7B February 14, 2006 Page 9 of 80 CO 4 3 181'iif'''''1II1'.'!O&IG! 1711211 , S6rn.o.\lENLIO: " ", 3,1,. ., .~ &5 .. B~ G' ... 11 1\ , " )'847 ~., '" n 110 81&:1IJ;'D1121" ~"'3Q 4.! ., &2 V7 Ie B~ nfi 1111 . " 'G""...""".17778 c~ 00 f" " M " nu "" CO u " II~' G "" ,'J'.'~ !11."3IQC1I.,, n2143.....~.", ~ , , ~2121lJ'...J". ,""""'''''' " W 2. ~ , ,~ Y1 OPERTY -' l:J I SUBJECT PR " & " '" . ~!? 31 43 ~ ,.'07... " , 1111 . .. " .. '" ~ 2.J >:Ii 3. ., " !oil 7: ~~ " :J-~ [ ,,9 . " " . " " " '" '" 0" " "" ~ ." " ",12J , -' ~, ~:J1 12 1J.e ,.1,0, '" " . 11,11 .. .. " '.4i1'>4Il , " 00 " ~ " .. " '" 10 ~ljl '" ,~, UT!S1!I'DI'I"'1 . .. .. .. " " '" '" lHA UEN. ..' 00 .. " 129"" '" ~1132J.l<j!"."5'D81i111l111ZI")Tl . ~Z5 ,,~ 50 ., 112 7J n,~ " 47HA , " ~ "I" 5 r-To ~. 27 Je J. lJ IS J, "" U50 U &C 7' .,.s ..,"tl+ 77 "",,11'371"1< " ~"'.XJ"'b: 51 nalll.Jil4 911101"' '~2JI:uI)'''''7"{:'fi<l1'1''''.J 00 ~ ZONING MAP GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Estates designation of the Future Land Use Map of the GMP. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks an after-the-fact variance of 5.19 acres for the subject property, which has a maximum 20-acre limitation for earth-mining. Earth-mining is identified as a conditional use and an authorized use in this land use designation; therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. The two excavation permits that were issued identified the limits of the excavation activity for each site. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject ofthe variance request? No. There are no pre-existing or special conditions which are relative to the property. V A-2004-AR-5438 Page 5 of 8 January 19, 2006 cepe Meeting Agenda item No. 7B February 14, 2006 Page 10 of 80 c. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? No. The expanded excavation activities were an action of the property owner. d, Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The variance request would not be the minimum variance possible, but a reflection of a proposed plan to retrofit the site for the maximum utilization of excavation materials. Approval of the variance should not have a negative impact upon the standards of health, safety and welfare. e. Will granting the variances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. By granting the variance, the applicant will be conferrcd special privileges that are denied by these zoning regulations to other lands in the same zoning district, by expanding the maximum allowable excavation area permitted in this zoning district from 20 acres to 24 acres. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Approval of the variance should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. While granting these variances would allow the applicant to have a larger lake that otherwise is allowed by the zoning code, these variances will enhance the aesthetics of the neighborhood and would provide 12 future home sites for this property. The property owner petition, objection to the variance request cited five concerns: continued commercial truck traffic and the related safety issues and road damage; continued non-compliance with times of operation for such enterprises; alteration of local water table due to pumping that has likely already damaged area home well systems; concerns that un- natural elements such as berms or levces of heights in excess of 6 feet will remain for extended periods; increased potential for establishment of exotic/invasive plants into surrounding property due to disruption. While these concerns are associated with excavation activities, there are standards which the County regulates excavation activities, and if those standards are not followed, the County could cite the property owner and operator for Code violations. The excavation activity will have finite time of operation, and then the proposed development of home sites will begin. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf conrses, etc,? Yes. In the staffs opinion, by interconnecting the existing lakes and the proposed additional excavation area, a singular, larger lake will be a more visually pleasing lake, provide additional water management control, and greater water quality and environmental benefits. The minimum separation of 50 feet will be provided between the proposed lake and the adjoining right-of-way V A-2004-AR-5438 Page 6 of 8 January 19,2006 cepe Meeting Agenda Item No. 76 February 14. 2006 Page 11 of 80 and adjoining property. A type "A" buffer will be established along the boundary of the property. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this vanance. RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are several ameliorating factors that warrant approval of this petition. The proximity of the two existing excavation sites and the existing lakes to one another is an established land use in the area. The combination of the two lakes and the expansion of an additional area of 4.39 acres will create a singular lake of 25.19 acres. In the stafT opinion, the larger, single water body will provide greater stormwater management, environmental, and recreational opportunities than the two smaller lakes. The minimum 50-foot separation between the lake area and the adjoining properties, plus the vegetative bufTering will provide adequate separation and buffering from the adjoining properties would provide ameliorating elements for the adjoining developed and undeveloped Estates lots. The future 12 home sites will further aid with blending this 44-aere site into the character of the area, which have been identified in the proposed conceptual site plan in the companion item, Conditional Use petition (AR-5439). Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition V A-2004-AR-5438 to the Board of Zoning Appeals (BZA), subject to the following conditions: 1. The variance is limited to the extent of development as depicted in the applicant's site plan stamped "Received July 12, 2004" except as further restricted below. This site plan is included as Exhibit B; and 2. The variance is limited to a maximum excavation site area of 44 acres. 3. The variance is limited to a maximum lake surface area of57.25 percent of the 44-acre site. 4. The approval of this variance shall be contingent upon the approval ofCU-2004-AR-5439. On April 7, 2004, a petition was submitted by property owners in objection to the granting of this variance request. The petition cites five concerns, which they believe will affect their quality of life, and immediate health and safety (see Petition - Exhibit H). VA-20Q4-AR-5438 Page 7 of 8 January 19, 2006 cepe Meeting PREPARED BY: Agenda Item No. 78 February 14, 2006 Page 12 of 80 MICHAEL J. DERUNTZ, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RA Y BELLOWS, PLANNER MANAGER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRA TOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the February 14,2006 Board of Zoning Appeals Meeting Attachments: A. B. C. D. E. F. G. H. V A-2004-AR-5438 Location Map Site Plan Excavation Permit 59.605 Excavation Permit 59.702 Memorandum Aerial Map Zoning Map Petition Page 8 of 8 January 19, 2006 cepe Meeting ~.. . , Agenda Item No, 7B February 14, 2006 Page 13 of 80 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Commission District: RE-SUBMlTTAL --- - __n__ Date Petition Received: v A-2004-AR-5438 - PROJECT #2003110016 DATE: 7/12104 Planner Assigned: MIKE DERUNTZ - (COMPANION ITEM TOCU-2004-AR-5439) Petition No. ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Darryl J. Damico Petitioner's Address: 1810 J & C Blvd., Unit 10 Naples, FL 34109 Telephone: 597.7171 Fax#: 597.6577 E-Mail Address: djd7707@ao1.com Agent's Name: Beau Keene, P.E. Agent's Address: Keene Engineering 1199 First Avenue South Naples, FL 34102 Telephone: 403.0123 Fax#: 403.9399 E-Mail Address:keeneengineering@earthlink.net * Be aware tbat Collier County has lobbyist regulations. Guide yonrself accordingly and ensnre tbat yon are in eompliance witb tbese regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Page 1 - Revised 4/03 k' Agenda Item No. 7B February 14, 2006 Page 14 of 80 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Civic Association: Golden Gate Estates Area Civic Association Mailing Address 441 24IhAvenueN.E. NaDles.FL34120 PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Golden Gate Estates Unit: 45 Lot (s) Block (s) Section: ~ Twp. 48 S Range: 28 E Property I.D. # 39030560002. 39030600001. 39030680005.39030640003.39030720004.39027480001.39030440009.39030320006. 39030280007.39030360008.39030840007.39030760006.39030880009.390308??oo5. 39030920008.39030400007 Acreage Number: 44.00 Acres Total Ownership Metes & Bounds Description: ....". Agenda Item No, 7B February 14, 2006 Page 15 of 80 Address ofSnbject Property: Not assilZl1ed (individual tracts front on either 54th Ave. N.E. or 56lh Ave. N.E. (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: "En Estates. The DI'ODertv is currentlv beinlZ used for earth mininlZ. Adjacent Zoning & Land Use: ZONING LAND USE N "E"&"A" Vacant S "E" Seven Vacant Lots One with a SinlZle Familv W"E" Vacant and SinlZle Familv dwellinlZ E "A" Vacant Mlnlmnm Yard Reqnlrements for Subject Property: Front: 75' Comer Lot: Yes No X Side: Varies bv tract Waterfront Lot: Yes No X Rear: 75' Agenda Item No, 7B February 14, 2006 Page 16 of 80 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The !lrooertv in auestion consists of 44.00 acres. The aDDlicants have aDDlied and were IZranted two commercial excavation oermits in the !last (Excavation !lermit Numbers 59.605 and 59.702) to excavate a 13.3-acre and a 5.D-acre lake for an authorized total of 18.3-acres of lakes. Curinll: the excavation a minor error was made causinsz the excavation of additional 0.81 acres for a total of 19.11 acres. The Collier County Excavation Ordinance allows for excavations of this mal!Ilitude to excavate U!l to 50 !lercent of the total site area. The existine: water surface areas. includinsz the dewaterinsz and storae:e areas total aO!lroximatelv 23.5 acres of the total site area based on the aerial ohotoszraoh depicted on the Variance Petition exhibit. The lIDDlicant also is reauestinsz to excavate an additional 4.39 acres of land currently beinsz used for dewaterinsz and storasze of the excavated material before beinsz hauled off-site. The aoolicant also wishes to connect these three lakes toszether bv removinsz the strios of land that seoarate them. The end result would be a sinll:le lake 25.19 acres in area surrounded bv sinszle-familv home sites. The Collier County Land Develooment Code currently allows excavations on orooerties located in Golden Gate Estates un to 20 acres in area. This llIOllertv. as mentioned above. is com!lrised of 44 acres. thus reauirinsz a variance. A second variance is also reauired because the Collier County Excavation Ordinance limits the excavation area to 50 oercent of the site and this excavation will cover 57.25 oercent of the 44-acre site. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (please address this criteria using additional pages if necessary.) I. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. This site was aDDIOved for excavation before the County Code restricted the excavation sites in the Estates to 20 acres. This orooertv also contains two separate lakes and a containment area for dewaterinsz. The aDDlicant is orooosinsz to excavate the dewatering containment area throulZh a comoanion Conditional Use aDDlication. The lIDDlicant is also reauestinsz to remove the earthen barriers between the lakes and create one larsze lake. This action will have environmental as well as aesthetic values. -, , Agenda Item No, 7B February 14, 2006 Page 17 of 80 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. two ofthe lakes were excavated in the oast several vears under oermits issued by the County. Now. the aDDlicant is reauestinsz to connect these two lakes with the orooosed third lake toszether to create a siDlzle larsze lake. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. the literal interDretation of the Code will result in smaller isolated lakes on the tIt'Otlertv and will not remove the existinsz minor violation of the 50 Dercent reauirement. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. No. but the reauested variance is the minimum to allow the aDDlicant to connect the lakes toszether and remove the minor existinsz violation. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. this is a uniaue situation. When the excavation started on this site the Code did not restrict the area of the land to be excavated. Should there be another similar situation in the County. thev would be reauired to BDDlv for a similar yariance. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The szrantine of this variance will allow the aoolicant to have a larszer lake than otherwise allowed by the zoninsz code. However. this variance. if szranted. will enhance the aesthetics of the neil!bborhood and will not be detrimental to oublic safetY. health. or welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The variance is to allow individual lakes to become one visuallvoleasinsz lake. which will ameliorate the szoals and obiectives of the relZUlations. 8. Will granting the variance be consistent with the growth management plan. The szrantinsz of this Variance will not affect the consistency with the szrowth manaszement Dlan. ** Section 2.7.2.3.2 (3) of tbe Land Development Code reqnlres an applicant to remove tbeir public hearing advertising sign (s) after final action is taken by tbe Board of County Commissioners. Based on tbe Board's final action on tbis Item, please remove all public bearing advertising sign (s) immediately FROM KEENE ENGINEERING FA>< NO. 1+941+403+9399 Agenda Item No, 7B Feb. 19 2~~~2QWP Page 18 of 80 AFFIDAVIT ~l. f)Ut I:' 'r ~~ I ~ f1{ ; b 0 being first duly sworn, depose and say that well am/are the owners of the property described hl!rl!ill 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 informarion, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the hest of our knowledge and belief ,'Well understand that the informalion requested on this application must be complete and accurate qnd that the content of rhis form, whether computer generated or County printed shall not be altered, Public hearings will not be advertised until this application is deemed compll'tl', and all required information has been submitted. f3e flv KEei:NE.. l'_fL IlND As propenyowner We/lfurthl'rauthorize C HA H~A'" BfJDfJ,.,rC.J.I:I:AN Melt act as ou" y reprl'sen.tative in any matters regarding this Petition, J .fd roperty Owner c=-~ Signature of Property Owner ])w-tZt1 J,'~\U.l Typed or Printed Name of Owner (')t:ft;") ~AAl(c.. " Typed or Printed Name of Owner Theforegoing instrumenr was acknowledged before me this \ I:) day of Tee, 2q by 6fM\... j)~1 DAM,'r () who ispersona/lyknown to me or has produced as identification. State of Florida. County of Collier Mil t\ (Slg Flo I~~'~.## l ~-:.... T HACEY D. HOGLUND ~. . ~ Notary Public ~ State of Aarida ~ :7,rf MyC=-n_AlGl2.2IIllII .... ~..~ ~,'ff..~..,. Commiuion' 00022294 (Print, Type, or Stamp Commissioned Name of Notary Public) Aobut .ro........^..'.,.",.n ...,........ ............,,.. "'....n .............'n.....,...... .....,. 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I I . f~' ~'; _ [)l.1l~. l:1~:..f:~.:~~~_?,._ f1fCEIV! tJ ?~...i;o,:'J $.;(.1..0' liE1; I i ?iJ n V A_2004-AR.5438 PROJECT #2003110016 DATE: 3/2/04 MICHAEL DERUNTZ (COMPANION TO CU_2004-AR-5439) V A-2004-AR-5438 PROJECT #2003110016 rDATE: 3/2/04 MICHAEL DERUNTZ , (COMPANION TO CU-2004-AR-5439) I ~" >~ 00 xlTl a~ "'c ~1ii l"'"\ti ~~ "", ~~ '" 01Tl ~zo Z ",1Tl ",0 "'0 ;!;z " ~~ @ EAST 7SfOo~oWtSrl0lg.3~~0~~CT 107 ::::c _________ i:i @ FOLIO IJ 39030280007 FOLIO IJ 39030600001 8 en U'1 ~EST 7~0.!-EAST 180' ~TRACT-2..0~ TRACT 110 A .. ~ FOLIO # 39030360008 I \g!) 9= e_ EAST lOS' ~ EAST ~O~f TRA<::"'l~ _ _ _ _ _ _ _ _ _ Q FOLIO IJ 39030840007 :I> \,::J WEST 1 OS' of TRACT 114 + FOLIO IJ 3903068000S A <-FOLIO * 39030760006 - - WEST 180' of TRACT 112 \;t) co EAST 7S' of WEST 180' of TRACT 114 m fci3\ - FaLlOIJ 39030880009 - - - - - - - - Z I::::::J WES ~ <>.LEAST lS0' 2L TRACT-.!.lU FOLIO IJ 39030640003 C ...... FOLIO * 3903080000S I EAST lS0' of TRACT 112 m 0 EAST 7S' of TRACT 114 + ----- ------- Z hi . Q9 Agenda Item No, 7B February 14, 2006 e ~ *z u , FOLIO IJ 39027480001 EAST 180' of TRACT 84 fTI --------- ~ FOLIO # 39030440009 'C:' WEST 180' of TRACT 108 @ - -- - NOT A PART - - >< OF THIS PROJECT_ FOLIO IJ 39030S60002 TRACT 109 - -- 9 --------- FOLIO # 39030400007 WEST 7S' of TRACT 107 I FOLIO IJ 39030920008, I TRACT 11S I I . FOLIO IJ 3903072004 TRACT 113 @ 56th AVENUE N.E. EXCAVATION OWNERstIP EXteIT -.-.-.- ".---.--- -M_M_ KEENE ENGINEERING 56th Avenue N.E. Excavation REAL PROPERTY OWNERSHIP GOLDEN GATE ESTATES PARCEL # FOLIO # TRACT !lli!! ACQUIRED 1 39027480001 E 180' 84 45 02-0ct 2 39030440009 W180' 108 45 02-0ct 3 39030400007 W75' 107 45 03-Nov 4 39030320006 E 75' ofW 150' 107 45 Jun-99 5 39030280007 W 75' of E 180' 107 45 02-Sep 6 39030360008 E 105' of E 180' 107 45 Jan-OO 7 39030840007 W105' 114 45 Jun-99 8 39030760006 E 75' of W 180' 114 45 Oct-98 9 39030880009 W 75' ofE 150' 114 45 Mar-98 10 39030800005 E 75' 114 45 Jan-99 11 39030920008 115 45 Nov-98 12 39030720004 113 45 Mar-99 13 39030640003 E 150' 112 45 Dec-98 14 39030680005 W180' 112 45 Dec-98 15 39030600001 110 45 Apr-97 16 39030560002 109 45 Apr-97 Agenda Item No, 78 February 14, 2006 Page 21 of 80 *\ V A-2004-AR-5438 PROJECT #2003110016 DATE: 312/04 MICHAEL DERUNTZ (COMPANION TO CU-2004-AR-5439) Agenda Item No, 7B February 14, 2006 3063679 OR: 313~<pG~f2248 UCORDID in orneIU UeORDI of COLLIII cmm, lL 10/11/2002 It 01:4tAl DIIGIr I. IIOCI, CLllI COIl 3USO.DO ' DC nr 10.50 DOC-.70 245.00 Pn:pared by and return to: Berry & Greusel 1104 North Collier Blvd Mareo Island, FL 34145 941-394-8111 File Number: 02-8319 IItl1: IIDT . GOUIJL 1104 . COLLII. ILVD mco I1WD lL 3UU . rspacc Above This Line For Recording Datal Warranty Deed This Warranty Deed made tltis 4th clay of October, 2002 between Sherry Barton, whose post office addres8is 500IA 27th Place SW, Naples, FL 34116, grantor, and Bradar & Company, Ine., a Florida corporation whose post office address is 1810 J & C Boulevard, Ste. 10, Naples, FL 34109, grantee: (Whenever used herein the terms *grantor" and -grantee* include aU the parties to mi; instrument IOd the heirs. legal representatives. and assigns of individuals, and the successors IJld assigns of corporations, trusts and trustees) Witnessetb. tltat said grantor. for and in consideration of tlte sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee. tlte receipt whereof is hereby acknowledged, has granted, bargained. and sold to tlte said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida to-wit: East 180 Feet of Tract 84, Golden Gate Estates Unit No.45, according to the map or plat thereof as recorded in Plat Book 7, Page 30, Public Records ofeollier County, Florida. Pareelldentification Number: 39027480001 ." Subject to easements, restrictions, and reservations common to the subdivision. Grantor WllmUlts that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a ptrt of homestead property. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple: that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully W8JTlll\ts tlte title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year first above written. Doubl.T1..... (~ Agenda Item No, 7B t** OR: !!1a~~~~l9 t** - Signed, sealed and delivered in our presence: JI/{;fu~{l&~ w7e: ~="'m~ ::~{ Witness Name: Imt:: ~ HTZ"".";.r Sh~~-{j~ (Seal) . Stale of Florida COlDlty of Collier The foregoing instrument was acknowledged before me this /0 of October personally known or [X] have produced a drive~s license as identification. [Notary Seal ePATRlQlG, mzUORlU$ ..,_ [>po ~4/lI4 , ' No.CC91MI2 11__110IwlD. Notary Public Printed Name: My Commission Expires: '. Warranty Deed. Poge 2 Doublel1_ , V A-2004-AR-5438 -. PROJECT #2003110016 DATE: 3/2/04 MICHAEL DERUNTZ (COMPANION TO CU-2004-AR-5439) ~ared bv and return to: ~v Agenda Item No, 7B February 14, 2006 3063678 OR: 31~ePG~f~46 DoolDlD 10 OllICW. DoolD. of COLJ,I11 coum / PL 10/1./2002 It O':',AI OIIGB! I. SlDeI, CLJII COl. 34m."" DC PlI 10.5' OOC-.TO 245.0' Berry & Greusel 11 04 North CoUier Blvd Marco Island, FL 34145 941-394-8111 File Number: 02-8319 leu: BIUY , GUUm 1104 I 00"111 .'VD 11I00 I.LIIt r, 34145 rspaee Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 4th day of Octoher, 2002 between Julie A. Wimberly, whose post office address is 500lA 27th Place SW, Naples, FL 34116. grantor, and Bradar & Company, Inc., a Florida corporation whose post office address is 1810 J & C Boulevard, Ste. 10, Naples, FL 34109, grantee: (Whenever used herein the tcnns "grantor" and "grantee" include all the parties to this .instrument and the heirs. legal representatives, and lISSigns DC individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOlI 00 DOLLARS ($ J 0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida to-wit: ' The West 180 feet of Tract 108, Golden Gate Estates Unit No.45, according to the Map or Plat thereof as recorded in Plat Book 7, Page 30, Public Records or Collier County, Florida Parcel Identification Number: 39030440009 ," Subject to easements, restrictions, and reservatinns cnmmon to the subdivision. Grantor warrants that at the time of this conveyance. the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Doub..T1..... ,. ~' " Agenda Item No. 7B Ut OR: m~~f.G!5 ~17 ttt . Signed, sealed and delivered in our presence: ~~P~J~J ~~G'~eal) JuJ' A. Wimberly Witness Name: 7>"'" ."',Ls . State of Florida County of Collier The foregoing instnunent was acknowledged before me this / 'D day of Octo U are personally known or [X] have produced a driver's license as identificatio [Notary Seal] 9 PATR .. ~ IC/( Q, F1TZl1ONtJs My c:o.,.. &po 212_ Ho. 0:: DI3412 ~-l/_,.D. Notary Public rly . who Printed Name: My Commission Expires: WDmIIlty Dtod - Pa&e 2 Doubt.nme- V A-2004-AR-5438 PROJECT #2003110016 DATE: 3/2/04 MICHAEL DERUNTZ (COMPANION TO CU-2004-AR-5439) Prenared hv and retum to: ~7 3294906 OR: 34f2~~j~~Qs~ RBCORDED in OFFICIAL RBCDRDS of COLLIER COUITY, lL 11/13/2003 at 02:15PM DWIGHT B. BROCK, CLIRK CaRS 40000,00 RBC lIJ 10.50 DOC-,70 280.00 Law Office of Jlmie B. Greusel 1104 North Collier Blvd Mlrco Isllnd, FL 34145 941-394-8111 File Number: 03.9016 Reto: BBRar , GRlOSBL 1104 R COLLIBR BLVD MARCO ISLABD FL 34145 (Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 22nd day of October, 2003 between Leslie P. Dickerson Ind Roy T. Plrker III whose post office address is 487 Goodrich ROld, Wheltllnd, WY 82201, grantor, and Dlrryl J. Dlmico, I mlrried man whose post office Iddress is 1810 J & C Boulevlrd, Unit, 10, Nlples, FL 34109, grantee: (Whenever used herein the terms ~grantor" and "grantee" include all the parties to this instrument and the heirs. legal representatives, and assigns of individuals, and the 5UCcesS0l'1 and assigns of corporations, trusts and trustees) ... Witnesseth, that said grantor, for and in consideration of the sum ofTEN AND NO/lOO DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever. the following described iand, situate, lying and being in Collier County, F10ridl to-wit: The West 75 feet of Tract 107, GOLDEN GATE ESTATES UNIT NO. 45, according to the Mlp or Pllt thereofas recorded in Pllt Book 7, Plge 30, Public Records or Collier County, F1oridl. Po reel Identification Number: 39030400007 Subject to ad valorem real property taxes for the year of closing and subsequent years; zoning, building code Ind other use restrictions imposed by governmentll luthority; outstanding oil, gls Ind minerai interests of record; if Iny and restrictions, reservltions Ind e..ements common to the subdivision. Grantor warrants that at the time of this conveyance. the subject property is not the Grantor's homestead within the melning set forth in the constitution of the stlte or F1oridl, nor Is It contiguous to or a plrt of homesteld property. Togetber with III the tenements, hereditaments and appurtenances thereto beionging or in Inywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of Slid land in fee simple; that the grantor has good right Ind lawful authority to sell and convey Slid land; thltthe grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. In Witness Wbereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTlm.. /.. *** OR: Agenda Item No, 7B February 14, 2006 3442 PG~ge~8~** . Signed, sealed and delivered in our presence: ..... L_:/',-.,.\:.. ~')',cQ: :1'~..(Seal) Leslie P. Dickerson ~~~"r Witness Name: <(:..,........,. ~i4-".~s (Seal) . State of W~J. ~." County of '?" _ " ~ The foregoing instrument was acknowledged before me this..:;j'I('.\l.';!:?yoctober, 2003 by Leslie p, Dickerson, who lA'I is personally known or [Xl has produced a driver's license as identitiCL. "--K."-*,"~NOTAR\'I'UIUC I 'J V.d;';~ k 1b,~..A,y\ [No S_l1nly~"(i) .... Notary P I , ,'Cll* - '-at " PIIlIt ' . . . C_' Wyimng Printed Name: ~'" :",f ,'"j \L \-\ AI'l"-P-K.1I1 ....~ores No., 27.-2004 My Commission Expires: j\J~~b--l d1,dCO~/ ~~:~!!~~~ I The foregoing instrument was acknowledged before me this a day of October, 2003 by Roy T, Parker, IlI, who U is personally known or [X] has produced a driver's license as idenb~ 13. ~ ' [Notary Seal] Notary Pu , Printed Name: 4~ .6. /J1tlt5-~ f- j.:U,j () C:. ,"' MARGARET B, MEIGHAN Notary Public, State of New York No, 01 ME5059291 Qualified i~tt~n~ Term expires 0 My Commission Expires: Warranty Dttd. Page 2 Doublenm.. Prepared by and Return to: Maryell~n Cali INDEPENDENT TITLE OF NAPLES, INC 838 Anchor Rode Dr, Naples, FL 34103 SS# - GRANTEE 1: *** 2494723-- OR: 2561 PG: 1618 *** RlCOIOIO in OP!lCIAL RlCOIOS of comn Cmf! IL 06/22/U9lat 10:2011 DiIOB! I, BROCI, CLlRI ' COBS 3500.00 RIC/II 6,00 DOC-,ll a.so Retn: IIDiPBIDiNT !IlLI DI NAlIlS IICIDI ~~ WARRANTY DEED THIS INDENTURE, made this 11th day of June A.D. 1999 between Sonia Gibson, an unremarried widow, surviving spouse of Jack Gibson, Deceased u ~ as Grantor*, whose address is; 5961 N,W. 61st Ave., Tamarac, Florida 33319 and g ~ IS ~ ;::: I Iii! ~ i; Darryl J. Damico, as to an undivided 1/2 interest and Bradley T, Damico, as to an undivided 1/2 interest both as joint tenants with full rights of survivorship as Grantee * , whose address is: 1810 J & C BLVD. UNIT 10, Naples, Florida 34109 WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/IOO DOLLARS (~lO,OO) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has vranted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit; The East 75ft. of the West 150ft. of Tract 107, Golden Gate Estates, unit No. 45, according to the map or plat thereof recorded in Plat Book 7, Page 30 of the Public Records of Collier County, Florida. Property Tax ID Number: 39030320006 SUBJECT TO easements, restrictiona and reservations ot r.c~rd, if any, and taxes for 1999 and subsequent years. ~ Said grantor does hereby fully warrant the title to said land, and will defend ~ the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHERBOF, Grantor has and year first above written, Witnesses hereunto set grantor's hand and seal the day ~~ Sonia GibBon , (WITNE.II.II 1) 81 PRINT OR TYPE NAME'~... I (WITNESS 2} s1 n.tur~-/~~/~ PRINT OR TYPE NAM.&:. (WITNESS 1) .IIi nature, PRINT OR TYPE NAME. ___ (WITNESS ~) S!qnll.ture, .5AAi /;:} PRINT OR TYPE NAME: State of fi.~rida _ J COWlty of ~ a;6' ~ 'L>, The foregoing instrument was acknowledged before me on this 11th day of June, 1999 by S..op,ia Gibs~, an ugrElmarried widow, who ia known to me or w~ produced If(U z""'~ ~,....., v~. as identification and did take an oath, 'f1,f -71! '.1, My Commission Expires: 2?L~ (SEAL) PRINT OR TYPE NAME: AMS-WD-PLAIN Rev, 10/27/94 I,/""""/"""////""""""""""/"""""'h'''''''''''''''' , ~.,.r..~ Marvin Rapapon >: '~NotaryPUblilllSlaltorplorlda ~j I ~,,;JfF1.1 CommiJ6lon No.CC 612295 >c : o,r?-MyCommlaIOfl,Sxp.312V2OO1 >: , 1iOIoiMlU.,pFla.Htcor:Sorwlce".....eo. >f cC(((((CCCCC(((UCCCCUCC(C(((CCCC((Clf Agenda Item No, 7B February 14, 2006 Page 28 of 80 SENT BY: BERRY & OREUSEL; 941 394054 9 j A.UG.27-02 Y:57j PAGI: ;: ~s Agenda Item No< 7B February 14, 2006 Page 29 of 80 frCpABd bv and NhIm J2: BerTy .. GRIlleI 1104 Noru. eviller Blvd M.reo lJ.IaJld, FLJ4145 ...'-3'.....111 flle NUIUb<<: 02....UJ5 Will CRII No.: 1~""\Jov,T1lilllnc"'\...ItcIlOl4in&lltul~. Warranty Deed Thb Warr81lty Deed made this 30th d4y of ADlasl. :tH% between Joel M. DautlJ..d Ihtrle.. J, DcD"" h.,.,...d and wife whose ~1 omce Iddrea is 711. W Twp ReI, "'4, x...... OH 44841. cramm, and Dlirryl J. o.akv, a ..rried .......1Ml Bndley T. o...kG,. ...n1aIlIlIIft whole post otncc Itfdre,. Q 1." J" C ....\'ard. Ullit ID. N.pan. FL 34ltW,lf1UIlCC: t.........vw IIMCI ...." tho tam "l1Ulor" and 'P"'"lC" IDCtadc alI1hr: J*tie,- -. this IlUU'lI..... IPId lilt l1cilS, IqoI Npre-"eIIIllivcs. IIld 3"ipl~ of ludivid.... Md tile MIC<oCSIlQ -' ...... ofcorponl-. trlllb IIIIdtnllltCCS) Wilneueill. tHr..leI gnsntor, for IDd In COftlllderativn of the sum ofTEiN AND NO/IOU DOu..ARS (SIO.OO) and other aood aad wluable eonMf'ltions to said IfUlCOf i" hlfKl paid by uid granlee, the reeeipt wh..,.euf ill. htl"tby IdcaowledScd. hilS 1T1D1ed. barplned. and sold tu tile said 1f'DNee. and gflUltc:!Il',. heirs Md usiWlS forc~r. the foUuwin, de5cribDd lrand. mlWllC, lyioc me! bciDlln CoIliH Cn...y. PIortdtl co-wtl: n. WMt 75'eet o'the J:ut IIO'Nt ofTracf lV', COLDEN CATI: ESTATES UNIT 4.5, .<<Wdinr.: I. .. IIIIIp or pl., thena'., rectlnkd In ....t BoD. '. ralO 30. Public Record, 01 C.'olller Cuunty. Florllla. r.n:cl IlIcfltlOattw Ng.ber: '9030280001 !iillbjed to "RJnenu, redrktJons, ..d ruervallont cummoD 10 the tubdi"bloD. To,,-ber with all the IenCmerItJ. hereditament. and ~Cf\~S thaeto bolo.. nr ill anywise appcrtlliDins. To H.ve aD. 10 Hold. the slime in fee simple forevlCC. And thl: lP'U\tor hereby covcnantJ wIth ,.aid If''I\Iee that rhe g,rantor i~ lawfully seized of uld land in r~l,! simple, that the grantor has good right IIId lawful authority 10 sell and convey said land: tha' the paDIer hereby rLllly WafTIlnt5 Ihe title to laid tend IilDd will cWInd the ..... ..In. Ihe IIIwt\t1 claimJ or all perIOfIt wIwmIotVll'l .nd tblt .Id land it he of ..n enc:umbrm<<:s, cxccpItaxcs accnUnt: ~Io Decaahr 31. 2001. In Wihtell Wh.....f. graAtor hl$ hcretmto aft Ifllllor', blind and ~I tbc cby and ycor {Pl.boy(; wriU(;n. OIlubleTlm.. Prepared by and Return to: ~~~ 2582040 OR: 2631 PG: 2783 *** RlCORD!D i, omCIAl RICaRD! 'I COLLm COUlll, PL '1/18/1000 at 11:l4AH OVIGH, I, BROCI, CURl cm 4500,00 RICPII 6,00 oaC-,ll 31.50 Maryel),e, Cali INDEPENDENT TITLE OF NAPLES, INC 838 Anchor Rode Dr. Naples, FL 34103 SSIt - GRANTEE 1: Retn: IHOJPINDm fllLl 01 NAPtBS PICKUP *~ WARRANTY DEED THIS INDENTURE, made this 7th day of January , A.D. 2000 between Jane D, Morgan, a married person, f/k/a Jane D. Stoltzfus, the surviv~ng spouse of Earl W, Stoltzfus, Deceased as Grantor-, whose address is: 766-A Hilltop Dr., Keystone Heights, FL 32656 and ~ \.n c- cr- Darryl J. Damico, as to an undivided 1/2 interest and Bradley DamiCO, as to an undivided 1/2 interest, both a joint tenants with full rights of survivorship as Grantee-, whose address is: 1810 J&C BLVD. #10, NAPLES, FL 34109 ti == WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has ,granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: i l!; ~ ~ The East 105 feet of the East 180 feet of Tract No. 107, Golden Gate Estates, Unit No. 45, according to the map or plat thereof recorded in Plat Book '. pages 30 of the Public Recorda of Collier County, FIsrida. t !i! ~ ! a:: The subject property is not the homestead of the grantor, nor is it contiguious to the grantors homestead property. Property Tax In Number: 39030360008 SUBJECT TO easements, restrictions and reservations of record, if any. and taxes for 2000 and subsequent years, Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. ~N WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Witnesses (WITNESS 1) Siqnac.ure, PRINT oa TYPE NAME, ~(J 1-....J;- J{)H,>.J A. M,u:.JHi.,./ ~...:...~ ,h/rb*f 11/'11 W'6J( ~'( 1 wJt4- V.l;1tYZ~1I4, f/k ~ k o.~ I' Jane D, Me an f'/k/a .:pane D. ' stoltzfus (WITNESS 2) Si~n.c.ure, PRINT OR TYPE NAME:, (WI'!'NE:SS 1) SiQnatur8, PRINT OR TYPE NAME, (WITNESS 2) Signa.ture: PRINT OR TYPE: NAMe, State of Florida County of Lb6j.f The foregoing ~nstrument 2000 hI Jane D. Morgan, A.,...... t:(' ~-L was acknOWledged before a married per.on, who is as identification me on this 7th day k~o~m to me or who and di~ ~ take mar,}. ~ f d;lf~ NOTARY PUS C " of January, has produced an oath. My Commission Expires: r/'fJo ;>- PRINT OR TYPB NAME, (SEAL) lIMS-WD-PLAIN Rev. lQ/27/9<4 OFFIC1A.L NOTARYSEAL MARGAnfTE GILBERT t~.:J!'ARY PUJUC STATE OF F1.ORIDA COMMi'iSION NO. CC164815 r.iY CQ:I.fMJ5510N EXP. AUG. 4.2002 Agenda Item No, 7B February 14, 2006 Page 30 of 80 *,1 C' " ~ '" \>.. ~ ~ ~ f!l ~ I ~ I Prepared by and Rdum to: m 2489815 OR: 2557 PG: 1564 WAgenda Item No. 7B mOROID i. OlllCIIL RlCOIOS .f COILIIR coom, IL February 14, 2006 Oif11fl!!! ,t.OS:lIl1l OWIGII'lI. IROCI, CLIRl Page 31 of 80 CORS lIlOO,OO RlC!IS !.OO DOC-,lO 101.50 Maryellen Cali INDEPENDENT TITLE OF NAPLES, INC 838 Anchor Rode Dr. Naples, FL 34103 SS# - GRANTEE 1: Retn: IROIPIROIRIIIILI 01 lAms PICIOP WARRANTY DEED THIS INDENTURE, made this 4th day of June , A.D. 2999 between David C. Ford and Mary S. Ford, Husband and wife as Grantor*, whose address is: p, O. Box IB, South Canaan, Pennsylvania 18459 and Darryl J. Damico, a married person, as to an undivided 1/2 interest and Bradley T. Dafdco. .. ",arried person, as to an W1divided. 1/2 interest., both .. joint tenants wit.h full right.. of as Grantee*, whose address is: ~810 J & C Blvd #10, Naples, Florida 34109Survivorshil WITNESSETH: That thB Grantors, for and in consideration of the sum of TEN AND NO/100 DOLLAAS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: The West 105 Feet of Tract 114, GOLDEN GATE ESTATES, UNIT NO. 45, according to the Plat thereof, as recorded in plat Book 7 at Page 50 of The Public Records of Collier County, Florida. The subject property is not the homestead of the grantor, nor is it contiguiou8 to the grantors homestead property. Property Tax 1D Number: 39030840007 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1999 and subsp'quent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day. and year first above written. Witnesses as to both signatures Da",,p C~ David C. Ford (WlTNESS 1) si nature, PRINT OR TYPE RAMB, NANCY [WITNESS 2J.si natUl:'e' PllINT OR Tna NAME (WITNESS 11 SiQnll.ture, PRINT OR TYPE RAMI!!:: (WITNESS 2) Si(lnll.ture, PRINT OR TYPE NAME, State of pennsylvania County of \.;.'>0-. '\ II €. ~(J\JIAco=- rOURNOU.$ . HII. i..<L./ WALTERS /f^ c--.j' --Jir-1 Mary ~ord The foregoing instrument was acknowledged before 1999 by David C. F~rd and Mary S. Ford. Husband who has produced l'\ r'jVer's, L ic.e.n~t" take an oath. me on this 4th day of ~une, and Wife, who is known to me or as identification and did ~ ,.\.-.... Mv Commission Exnires: Nol8l1a1 Set! ~M, LaT""......Nc~_ lIyc:...~JIOy~ NlIIllbM.PetlrlSftvanIa oNrtoo AMS-WO.PLAIN Rev. 10/21/94. (SEAL) L~ ~urnov.S Na.ncy M *** 2406457 OR: 2490 PG: 0451 *** RlCORDIO II omCllL RlCOROS of COLLlIR COUll!, IL ullom It 01:l!P1 UVIGR'lI, BlOCI, CLlIl RIC !II 1.10 coms 1.10 ~r leto: 11I1 PlOPlRn III IllI REVERTER DISCHARGE & RELEA$l'IlR omcl KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. Flk/a OAC Properties Inc., fIrSt party, for and in consideration of the sum of Ten and NoIlOO (SIO.oo) Dollars, and other valuable considerations. received from or on behalf of Collier County, a political subdivision of the Slate of Florida, seeond party, the receipt whereofia hereby acknowledsed. (Wherever used herein the tcnns "ftnt party" and "second party" shall include all the parties to this instrument and their respective sUccea~ors and assigns.) HEREBY remiscs, releueI. acquitl. satisfies, and forever dilchuBCI the firtt party's reverter right under Pll'agraph 5 and the fint patty'. right of first refus.1 contained in Paragnpb 8 of the Agreement dated November 15. 1983 between Avatar Properties IDe,. flk/a GAC Properties Inc., and Collier County, a political subdivision of tbe State of Florida, as recorded in Official Records Book 1340 at Page 270 in the Public Records of Collier County, Florida, for tbe lands described IU: The East 7S feet of the West 180 feet of Tract 114, Golden Oate Estates, Unit 45, according to the plat thereof as recorded in Plat Book 7, al Page 30, of the Public Records ofeallier County, Florida AhIN WITNESS WHEREOF, 'l<!tY\Wr . A,D,. 1998. I have hereunto set my hand and seal this / /f/J day of Signed, sealed and delivered Inp noeof, ~ rk.... (print name) /1AWt&//J fNil.ll :]Yss{=e) '~ {_f Ill.l I '> {(~l= (print name) Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) , STATE OF FLORIDA: COUNlY OF DADE: . L. The !pregoing R.cverter Ditcharge &. Releue w.. acknowledg:ed before me lhi. ll:t!1. day of ~ 1998, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a Florida corporation, on behalf of the corporation, He is personally known to me or who. has produced as identification. " (Print Name of Notary) NOTARY PUBLiC Serial/Commi.,lon 'II: My Commission Expires: . .;: ,. r~n~~ -,~ ."...-. . ',f'" KIM8ERLY CLAJtk - NOTARYPUBUCSTATloP FLORIDA CO~~N NCJ. CC7SJI2o MYCOMMJS."iOIQNM. Agenda Item No, 7B February 14, 2006 Page 32 of 80 eb 19 2004 4:0~PH Details 239-394-.1840 - Current Ownllf1lhl Pro Add,... NO an ADDRE.' Fallo No. 31Q3C18IOODI 0WMr Ha.. BIUd)AR AND COMPANY ~ 1t1DJANDCBLV08TE.10 C 1W'U!8 lAG~ GOLD!N GAD EST UNIT <415 W , 76FT OF E 110FT OF TR 11.t .... FL _No. 3... _aft ~ Town.hID ...- I ...... .. .. .. 1.1<4 tub No. ...... GOLDEN QAT1! EST UNrr 4S . VACANT UBIDENflAL 17 2003 Final Tax Roll Valuea Late L.ud V.I.- S 1,270,00 0.-. . roved v...... S 0.00 01 J ,," . Mmktll V.lua '1270.00 . SOH e.w. Vall... S a.ao . ......... Van. $:' UN! . Ho~..d and other E",em t Va'" 0.00 . TuatIh VakIe $ 1.270.00 SOH. .St.ft OurHomM- ~pt value (\ua to cap on .....ament Inc~. 8ook.. Pava - The InfOnnatIo" II ~ Weekly. http://www.collierappraiser.comlRecordDetail.lIBp7F0IioID-OOOOO39030880009 p.l Page I of! 14101-1" ! -.... 340800 114 33D04 14,D113 History Amount SS.TOO.oo ....J10/"'l(lt,.. Agenda Item No, 7B February 14, 2006 Page 33 of 80 Prepared by and Return to: *** 2424732 OR: 2505 PG: 0750 *** ilcomD 10 omcm ilcom of cmIII CDUKlI, !L 01/15/'9 at 1l:511Jl OllGRT I, nOCI, CLlnl COil Rlem DDe-.70 Maryellen Cali INDEPENDENT TITLE OF NAPLES, INC --q3B Anchor Rode Dr, 3.ples, FL 34103 dS# - GRANTEE 1: 1500.01 1.00 51.50 letlt: 110ImO!I! lIllI 01 'APLII PlelDI %\D WARRANTY DEED THIS INDENTURE, made this 21st day of . A.D. 1999 between January Steve E. Ellis as Grantor., whose address is: 1775 Golden Gate Blvd West, Naples, Florida 34120 and Darryl J. Damico, a married person, as to an undivided 1/2 interest_and Bradley Damico. a ",.rried per.on, .. t.o an undivided 1/2 intar..t bot.h .. :loint t..nant. with full right. of* as Grantee., whose address is: 1810 J , C Blvd., U-l0, Naples, Florida 34109 *survivorship " $ ~ ~ ~ ~ ~ I %: o .. I WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/lOa DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by said grant@@s, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: The East 75 feet of The East 150 Feet of Tract 114, GOLDEN GATE ESTATES, UNIT NO. 45, according to the Plat thereof, as recorded in.'Plat Book 7 at Page 30 of The Public Records of Collier County, Florida The subject property is not the homestead of the grantor, nor is it contiguious to the grantors homestead property. Property Tax ID Number: 3903080005 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1999 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has and year first above written. Witnesses hereunto set grantor's hand and seal the day '~A' t ~ Steve E. Ellis CWIrtU:SS 1) Si nature, PRINT OR TYPE NAMR, (WITNESS 2) 9i nature, PRINT OR TYPE NAME, (WITNESS 1) Siqnature, PRINT OR TYPE NAME, (WITNESS 2) Siqnature, PRINT OR TYPE NAME, State of Florida County of Collier The foregoing instrument January, ~9. by Steve 'l'\nll;. fYJA'_n> was acknowledged before me on this ~J:i.it day of E. Ellis, who is known to me or who has produced as identification and did take an oath. Commission Expires: AMS-ND-PLAIN Rev. 10/:11/94 ._--."",,, :J ;. MV COM~I']fj , CC 0443711 j EKrlflE.S..t!lclI6.H;!l9 6oIlCIedtlll\l~.~,,~,.....rltt-1) Agenda Item No. 7B February 14, 2006 Page 34 of 80 ~epared by and Return to: *** 2393537 OR: 2479 PG: 0084 *** RECORDED in orrICIU RICORDS of COLLIlR COUITT. 1L 11/09/91 at 09,UAK DiIGHTI, BROCI, CLm COH! moo,oo.. RIC!II 6.00 DOC-,70 110,00 Maryellen Cali INDEPENDENT TITLE OF NAPLES, INC 838 Anchor Rode Dr. Naples, FL 34103 SS# - GRANTEE l~ \\:\ \ letn: IRDlllRDmmLlOIRAPLIS PICIUP WARRANTY DEED THIS INDENTURE, made this 23rd day of October , A.D. 1999 between Arthur James Fisher, as 2/3rds interest and Claire Windes, as 1/6th in~erest and Nancy Hacker, as 1/6th interest as Grantor*, whose address is: 1524 N. Carolwood Blvd., Fern Park, FL 32730 and Darryl J, Damico and Bradley T. Damico, Each as to an undivided 1/2. interest with full rights of survivorship as Grantee*, whose address is; 1725 county Road 951 Ste 107, Naples, Florida 34116 WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/lOO DOLLARS {S10.00l and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and Bold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: All of Tract 115, GOLDEN GATE ESTATES, UNIT NO. 45, according to the Plat thereof, as recorded in Plat Book 7 at Page 30 of The Public Records of Collier County, Florida The subject property is not the homestead of the grantor, nor is it contiguious to'the grantors homestead property. Property Tax ID Number; 39030920008 SUBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1998 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has and year first above written. Witnesses hereunto set grantor's hand and seal the day ~Warl< et~~$'~ P.e-\Wpi, ~ ~/i)~-/ Claire Windes (WITNESS 1) SI PRINT OR TYPE' NAME, (WITNESS 2) SI nature, PRINT OR TYPE NAME; (WITnESS 1) SI nature: "- PRINT OR TYPE NAME, (WITNESS 2) 81 tUl:"e, PII.INT 011. TYPE NAME, Nani';j.r i-J.v iff! fJ~ State of Florida County of ~ The foregoing instrument was acknowledged before me on this 23rd day of October, 1998 by Arthur Jam~~ ~i~her and Claire Windes and Nancy Hacker, who is known to me or who ~ produced fT. 1)e... r...r. as identification and dl.d take an oath, F=iVeO C<:51) ?::'7.;JSSO J lfl5~21bfo'30IBloJ @DownWF...."'" t+dI.oeo::>/ ~golD *Wf,*Mv COImIiIIICIfl CCM"fI ~..:;I~t.'Julyl.200t c- ~........---?" My Commission Expires: NOTARY P (SEAL) PRINT OR TYPJ:: NAMe, .J Agenda Item No, 7B February 14, 2006 Page 35 of 80 Prepared hy ...d Return to: ttt 2454974 OR: 2529 PG: 0126 ttt aCORDIO in O!!lcm RlCOIDS of COLllIl COUll!, IL OI/IO/1l!! .t ll:l8AK OV!G1l'lI, BROCI, CLlRl CaRS JZOOO,OO R1cm 0.00 OOC-,10 221.00 Maryellen Ce.li INDEPENDENT TITLE OF NAPLES, INe 938 Anchor Rode Dr. :aples, FL 34~03 SS# - GRANTEE 1: Retn: II1lIfRRmllImOIVAPLIS PlCI UP Jt.(V WARRANTY DEED THIS INDENTURE, made this 25th day of , A.D. 1999 between February FLoyd A. Krebs, Jr. and Beverly G. Krebs, Husband and Wife ~ as Grantor*. whose address is: 10716 sedco Drive, Union, Kentucky 41091 y and Wi '" j ; f ~ Darryl J. Damico, as to an undivided 1/2 interest and Bradley Dami~o, as to an undivided 1/2 interest both as joint Tenants with full rights of Survivorship as Grantee*. whose address is: 1910 J . C BLvd #10, Naples, Florida 34109 WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and Bold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to-wit: l I . . . ! I l , , ~ All of Tract 113, Golden Gate Estates, Unit 45, according ta plat thereof recorded in plat Book 7, Page 30 of the Public Records of Collier County, Florida. Property Tax ID Number: 39030720004 JBJECT TO easements, restrictions and reservations of record, if any, and taxes for 1999 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the aame against the lawful claims at all persons whomsoever. .Singular and plural are interchangeable as context requires. hereunto set grantor's hand and seal the day IN WITNESS WHEREOF, Grantor has and year first above written. Witnesses (WITNESS 1) Silp>atun~~ 0._ W~ PRIN"l' OR TYpe NAMl!:'S~"1 W~, s (WI'l"NI!:S$ 2) Siqnat.llre, ~~~ PRINT OR. TYPE Nl'oMI:. ... ~~ :....~ (WITNESS 1) SiQ'oat.ure, ~,-~ 0 (, , , ~ PRINT OR Tn. NAME, ~~~ ~lIllJs (WITNESS 2) Si ature, . PRINT OR TYPE NAME. State of Kentucky County of i1>o~'i. ~A. MJ., ). FLay A. Krebs, Jr. ~rj?4- ,V' . Krebs, / - "......~~\\Uc\ The foregoing instrument was acknowledged before me on February, 1999 by FLoyd A. Krebs, Jr. and Beverly G. who is known to me or who hp.s produced It.'i DR' Vff!..~ identification and did ~ take an oath. this 25th day Krebs, Husband LI~~<:'~~ of and Wife, as My Commission Expires: '7-Q.'(JIJO {SEAL) J1~~ LIC PRINT OR TYPB ......, rM 0;P./'Wr A. &/M'L ANS-WD-PlJUN Kev. lO{27{94 Agenda Item No, 7B February 14, 2006 Page 36 of 80 '.--' 2415400 OR: 2497 PG: 2841 RlCOROlD I. o",cm RlCDRDS of COLLIIR conm, IL 12/ll/l8 .t ID:lllJ! DlIOB! I, BROCI, CLIRI CORS 200DI,10 RlC!Il ID,50 DOC..7D 1I0.0D ~\~ ~O RetD: IRDBPllDlI'I Tim or Will PICIor '-" L'"f ~ ~ ~ ;€ ~ ~..:. ' ~ "', C> <:> L ....tll::c=;:;: 0= tII:: c. _ "'- ~"'~ :c ~::;7 "'oc__ Q~~ ~~= ~ '" :!; WARRANTY DEED (STATUTORY FORM.SECTION 689.02 F.S.) o1t.- i} /'h,>of /j) TIUS INDENTURE, Made this ~ day of, ~ ,1998, BE1WEEN Betty Lou Gould, a single woman, whose post office address is 6619 Yorkshire Court, Holly MI 40442, Grantor. and Darryl J. Damico and Bradley T, Damico, as tenants in common whose post office addresS is /1/1) jJ eA/v"- -I/. to J1A/J/~< '::;L JII/tfJ1 . Granlee'. " WITNESSETH, That said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said granlee, and granlee's heirs and assigns forever, lhe following described land, situate, lying and being . in Collier County, Florida, to wit: . ~ ~ ~ ------------At 1 of Tract No. 112, Golden Gate Estates, Unlt No. 45, according to the Plat thereof recorded in Plat Book 7, Page 30 of the Public Records of Collier County, Florida; and said grantor does hereby fully warrant the title to said land, ahd will defend the same against the lawful claims of all persons whomsoever. ."Grantor" and "Grantee" are used for singul~ or plural, as context requires. IN WITNESS WHEREOF, Betty Lou Gould, Granlcr has hereunlO set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ~ ' ./ """ '^ (\<1\,,, (\ 1f\,0I ESS ""3t.tc:.".,\ C.oU"'Ji\\:nN'\~ (print or type name) ~a,~ WITNESS K<tren {+.. W,n ICe {g (priot or type oame) c 4s; a~: ~GOULD ' Agenda Item No, 7B February 14, 2006 Page 37 of 80 ~ *** OR: 2497 PG: 2842 *** STATE OF MICHIGAN"" ,/ COUNTY OF('\" "'-,,, I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements; personally appeared BETfY LOU GOULD and to me well known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in lhe County and State last afore-said this v' ~ day of ~. (\ ,../ . 1998. , (SEAL) i'~','.'~;,;.';/'t:',::'; SUSA.N C. WILLIAMS Notary Public. Oakland County. Mt ..:::::.at..-..rH.\ r. u\~\\iOfY"\'::::" ' My Commission Elpire~ May 3, 2001 (Priol, Type or Stamped Commissioned Name of Nolary Public) Commission # ./ Personally Known L OR Produced IdentifiCation _ Type of Identificalion Produced --.:"; o ", '..... \: '.< "' ., ~ "~/~':'~S; ~s'.:~5.:'.:.."- TIiI5 INSTRUMENT WAS PREPARED WITIIOUT EXAMINATION OF TITLE BY: CHARLES C. LEHMAN, ESQUIRE CHARLES C. LEHMAN, P .A. 5455 Jaeger Road Suite B Naples, Florida 34109 Grantor 5,5.# Granlee 5.5.# Granlee 5.5.# Properly Appraiser Folio No.: 39030640003 Agenda Item No, 7B February 14, 2006 Page 38 of 80 ~~ - '" <::> I'- <:>- i I l!J S I 12 I FROM I INDEPENDENT TITLE 941 649 4174 1999.07-09 12'21 #067 P.09/13 Prepared by aad Return ..7 r: trr 2~~/634 OR: 2302 PG: 2425 rtr 11<01011I1. DRlCl1l U_. .1 fmlUlllllrr, II 11/11/17 .t 01:1I11 mOlT I. '1GCf, euu COIl 1ll0UI IICIII 1.11 DDI-.lI IC.5I Maryo.llen Cali rHO.PENDENT TITLB" OF NAPLES, INC B38 Anchor Rode Dr. Naples, F~ 34103 GRANTlrB TAX ID NUMl3ER: I.to: IIDInIDUl '.'11 DP IIPllI 1111.. WARRANTY DEED THIS IND~. made thi~ 28t.h day of m fI1e a-ff Y_hL__FY . A.D. 1997 between Marian R. Mallin, ~~K/A Marian R. Goetz 7"""" a. Gr.ntor~. wbose address is: 3 Broadmoor Av@nue, Pittsburgh, Pennsylvania 16228 and ; Dradar ~ Company, I~c., a Florida Corporation a. Grantee", "'hODel addrsJlII io. 21.21 county Read 951, Nl!lpl'~llI. Florida :34116 I i. MITNESSETH: That the Grantors, for and in consideration of the .um of TEN AND NO/lOa .bOLLARB ($10.00) and oth~r valuable eon.id.rations to .aid granto,s in hand paid by said grantees, th@ rec.ip'c whereof is hereby acknowledged, ha. granted, bargained ana Bold to tbe grantee and grantee's heirs forever the t~llowing d.acr!bed land located in ~e County ot(collier, State of Florida, to-wir.. All of Tract 110, OOL'DEN GATE; ESTATES, UNIT 4S according to the Plat thereof as recorded in plat Boo~ , at Page 30 or The Public Records ot colli@r County, Florida The subject propl!!rty lis not the homestead of the grantor, nor is it concigu1ous to the grantor~ hom~~tead property. ; I Property Tax ID Number, :39030600001 SUBJeCT TO aaeementa, ro.tr1etione and ra.arvationa ot record, if any, and ~.X.8 for 1997 and aub.~qus.nt years. ~ , Said ~antcr does h@reby[fully warrant the title to Baid land. and will defend the a~m4 again9t: the lawful claims of all persons whomsoever. *Singular and plural art! :interchangeable al!l dbntGxt requirEls, TN WITNESS WHEREOF, Grantor has and year tint above wr~~tf't.en, WitIll!IISl!l8 ' . lWInn.SSl SllatUt'i!!, ,~ ~~/.~ n.urr Olt. rtl'l!l HAl'll!:: ...J) ~ 0l,. 'r'''f-c.LQ,.... Marian R, Mclllin 'Wl'J'IfJ:SJ:ill SigRat.ure:~o...u"l~~ fRurr 01. '!'f'1! JoIIlHEI l-Q".....r7 l'c~,' i 'VI'fNESS 11 l'iqnatllf>e' ' faIWI' OJ. TY,E I'lJU11E I .WI'lMl8B 21 Sfqnatu;''', Lo..,,-,-(~;Cctb("i 'aIit!' OR TYP~ MAKe, State of pennsy}vania County of AII~~~nr ., The foregoing in5trument ~al!l acknowledged bafore me on thiu 28th day of j?1~~eh )11,""';:' :',' 1.~'7 }Jy Harteb R_ Mallin. who illl known to me I;lr who hall produced h PbUU kfkll'a dh~llr<i. J.~.sf!.. AS ident1f!caeion and did __ take an oath. . 'i hereunto J!ll!!It grantor'liI rnmd and seal the day My )l J:&~;cj 711~ .' 'l'R.IN1'O"nl'~If~, .........;, ."... Commie.ion Expires: NotarII118.,,1 S UIftIn K. "'.Daft, Nobry PutM ~BotO,AIleOMnyCcunlV My Commlnlan E.pr.1 M~y 7. 1998 ~~d~ AMJ-lID-PLlUR bY. J.11/21fllfo Agenda Item No, 7B February 14, 2006 Page 39 of 80 FROM I INDEPENDENT TITLE 941 649 4174 .- Prepa.... by ODd lldum 10: Maryellen Cali INDBPBNDENT TITLR OF N1~:LRS. INC 838 Anchor Rode Dr. Naples, FL 34103 GRAN'1"SB TAX IO NUMBEJt: ~ '\\C 1999.07-09 *'067 P.03/13 12'19 ~ ltt 2167636 OR: 2302 PG: 2429 ttt UCOIOIO 10 .,"CIlL IICOIDI 01 QI"m anm, " 01/11/11 It OI:SIU mGllt I. 11m, elm alIIl 11111.11 ucm I.~ DOC-.1I 11.01 ut," IIDlPllDm mil or 11M !Icn. WARRANTY DEED i THXS INDENTORB, made this 28th day of ,- , I Maurice J. PeckinpAugh and Thelma A. Peckinpaugh, Husband and Wife March , A.D. 1997 between a. Grantor., ",hoBB addieDs il!!l: GOal N. Morrison Rd.. Hunc:!., Indiana. 47304 and Bradar ~ Company. Inc., a Florida corporation a. Grantee., whORe ad.d:l:'e~s is. 2121. County Rd. 951, N..ple... FL 34ll.Ei .0 ~ ~ r c> WITNESSBTR; That the Grantor., for and in consideration of the .um of TEN AND NO/10D 'DOLLARS ($10.00) and oth~r v&luabl. considerations to eaid grantore in hand paid by said grantee., the receipt whereof iB hereby acknowledged" ha. granted, bargained and sold to th~ grantee and granese's heir. forever the following deBorLbad land located in,the County ofj collier, State of Florida, to-witl II I .-. All of Tract LO', G~lden Gate Eetate.. Unit No, 45, according to the Plat , I thereof, a~ recordadjin Plat Sook 7 at page 30 of the Public Recorda of Collier County, Florida. . i Property Tax ID Number:! 19030560002 SUBJECT TO e.sements, r~9trictionB and reservations of r@cord, if any. and taxes for tqq..., and e~bBl!qul!nt: years. s.i~ grantor does herBb~lfuI1Y warrant the title to ~aid land, and will defend the same ag&inat the lawful claim. of all persona whOMsoever, 'Singular an~ plural aie' intBrchangeable as context requires. .... I iii I hereunto Bet grantor'S hand and seal the day PUNT OR. TYPE H>>flt. Stat. of Indiana County of Delaware ~*j~'1 \...YX,?;,t-.. tP.~r lL:>.<r..,;r Thelma A. ~eckinpaugh The foresoing instrumentfwas acknowledged befor8 me on l:h,i. 1397 by Maurice J. Pec~inpaugh and Thelma A. p.ekinpaugh, who is wn to me or ,,;hp haa p-roduced. identi cation and did ~ take ~n oath. (!;' 'oW.' " J ti.y. CO~i'~f;10ri ~~'i~e8: 10_ l.q~i9'rr',. ) (SRAL) ;'. 'J;'.... ! MfH'P-PtAIIf R.v.l0/2'7/$I. 2B~h day of Maroh, Hu~hand and Wife, as ~/i~ NOTARY PUBLIC PJtllft' OR '!'Y'E ;'4'rtHI: Ruth E. South Agenda Item No. 7B February 14, 2006 Page 40 of 80 =. - >flI"""CCII.O<1Y ~- c., .~ ~- . . cow...""""" " ~ , 1-75 SoRB4 " " " ... . \ LOCA TION MAP #cu- 2004- AR- 5439 PETITION "VA- 2004- AR- 5438 Agenda Item No. 78 February 14, 2006 Page 41 of 80 " " . , ! I U40 U45 SITE MAP Agenda Item No. 7B February 14, 2006 Page 43 of 80 RESOLUTION NO, 06- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY FLORlDA, RELATING TO PETITION NUMBER VA-2004-AR- 5438, FOR A 5,19 ACRE VARlANCE FROM THE 20 ACRE REQUIREMENT OF SUBSECTION 4,02,02,C OF THE OF THE LAND DEVELOPMENT CODE FOR EARTHMINING ACTIVITIES IN AN ESTATES ZONING DISTRICT TO ALLOW FOR THE INTERCONNECTION OF TWO LAKES CREATED AS A RESULT OF EARTHMINING ACTIVITIES INTO ONE 25,19 ACRE LAKE TO EXCEED THE MAXIMUM SITE AREA OF 20 ACRES ON PROPERTY HEREINAFTER DESCRlBED IN COLLIER COUNTY, FLORlDA. WHEREAS, the Legislature of the Stale 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 a 5.19 acre variance from the 20 acre requirement of Subsection 4.02.02.C. of the LDC for earthmining activities in an Estates (E) Zoning District to allow for the interconnection of two lakes created as a result of the earthmining activities into one 25.19 acre lake 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 current LDC for the unincorporated area ofeollier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, WId the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA thaI: The Petilion V A-2004-AR-5438 filed by Beau Keene, P,E" of Keene Engineering, representing Darryl .J Damico, with respect to the property hereinafter described as: Exhibit "B" VA.2004.AR-5438/MDRlsp 10f2 Agenda Item No, 7B February 14, 2 06 Page 44 0 80 be and the same hereby is approved for a 5.19 acre variance from the 20 acre requirement of Subsection 4,02,02,C of the LDC for eatrhmining activities in an Estates Zoning District 10 allow for the interconnection of two existing lakes created as a result of eartlunining activities into one 25,19 acre lake as sbown on the attacbed plot plan, Exhibit "A", wherein said property is located, subject to the following conditions: 1. The variance is limited to the extent of development as depicted in the applicanl's sile plan stamped "Received July 12, 2004" except as further restricted below, This site plan is included as Exhibit A, 2, The variance is limited to a maximum excavation site area of 44 acres. 3. The variance is limited to a maximum lake surface area of 57.25 percent of the 44-acre site. 4. The approval of this variance shall be contingent upon the approval of CU~ 2004-AR-5439, BE IT FURTIlER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-5438 be recorded in the minutes of this Board, Ibis Resolution adopted after motion, second and majority vote. Done this day of ,2006. ATfEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Frank Halas Deputy Clerk ,CHAIRMAN Approved as to form and legal sufficiency: ~-~ ~~tud~-Stlr1ing "'" Assistant County Attorney , VA-2004-AR-S438/MDRJsp 20f2 Agenda Item No, 7B February 14, 2006 Page 45 of 80 Legal Description of Subject Property: Subdivision: Golden Gate Estates Unit 45, Section 4, Township 48 South, Range 28 East, PropertyI.D. # 39030560002, 39030600001, 39030680005, 3903064 0003,39030720004, 39027480001,39030440009,39030320005,39030280007,29030360008,39030840007, 29030760006,39030880009,39030800005,39030920008,39030400007 Acreage number: 44,00 Acres Total Ownership Exhibit "B" Agenda Item No, 7B February 14, 2006 Page 46 of 80 AERIAL MAP Agenda Item No. 7B February 14, 2006 Page 47 of 80 'i1 '" I Subject Property 4-~ ~3 16 17 M .'l~ 43 4S 64 B.'l 80 81 gS 97 112 11, 2E 56TH A \/EN UE N .E_ \ ~ ~ ,,~ M ~ ~ " " '" ". 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'"oc ..,,,,, ~.70r& --....,""".""",,,.... -,~~ .~'''''?-'''''.'''''''".".....!"~ ~~~~- ;;.;;;'?:...~..::-'''' ;;:';~7'.l--~_ ~~~~~i~inr;l~~i;~-;~~:,:./;~A i!'~ ,-----.." --'---"'- -,,- -~. - ~...- =--"=:':-w,''l:,:..'~:-_ -.,--._'~ TYPICAl I AKF SECT'0~ TYPiCAl liTTORAl SHE!.~ Agenda Item No. 7B February 14, 2006 Page 50 of 80 To: Mike DeRuntz From: Stan Chrzanowski, P.E, Re: Jolly Excavation Mike: The Engineering Services Department strongly supports the Jolly Lake c.u. & Variance petition for the following reasons: 1. At present there are three lakes at this site on fifteen different parcels that are contiguous and now under common ownership. This condition exists because of past limitations on lake size in the Estates that were contained in previous versions of the Land Development Code to discourage very large quarries from being opened in Golden Gate Estates, however, one large lake is preferable to three smaller ones. At present there is no limitation on lake size in Golden Gate Estates. 2. Larger lakes are healthier because they are less subject to changing water quality conditions than smaller ones, Temperature, D,O" pH, and chemical content are less disturbed by external influences in a larger lake because of the sheer amount of water, These lakes are entirely within the surficial aquifer in the sand layer. 3, Golden Gate Estates has very little true rainfall retention. The rainfall that falls near this lake will remain in the lake. The lake has no discharge. 4. Lakes act as "sinks" for the surface groundwater table around them because they contain much more water than an equal amount of porous ground would contain, The drawdown curve for groundwater withdrawal by a well is much less pronounced if there is a nearby lake. 5, This project is very near the eastern limit of Golden Gate Estates and combining the lakes will have no real impact on the surrounding areas. 6. There is a fill shortage in Collier County. These lakes are nearly complete, but combining them will allow the removal of material to a depth of25 ft and provide much needed fill for construction in North Golden Gate Estates. Agenda Item No, 7B February 14, 2006 Page 51 of 80 To: Collier County Government Community Development and Environmental Services Division Attn: Michael J. DeRuntz 2800 North Horseshoe Drive Naples, Florida 34104 Re: Variance request for V A-2004-AR-5438 and AR-5439 Dear Mr, DeRuntz, The undersigned are homeowners and reside in the immediate area around the land in question, We are opposed to the granting of this variance as this is not the first and we fear not the last adjustment to the sand quarry in question, The land is being used as a commercial supplier of resources for construction and not the home site development 'in progress' as suggested. The local residence have been more than tolerant of the owners right to use the land over the last few years, but now we are protesting any further excavation, Our concerns are for both quality oflife and immediate health and safety issues. Points of concern include: . Continued commercial truck traffic and the related safety issues and road damage. . Continued non-compliance with times of operation for such enterprises . Alteration oflocal water table due to pumping that has likely already damaged area home well systems, . Concerns that un-natural elements such as berms or levees of heights in excess of 6 feet will remain for extended periods. . Increased potential for establishment of exotic / invasive plants into surrounding property due to disruption, These are but a few of the very real concerns regarding granting additional excavation rights, We have been very tolerant in the past, but now our rights and even our property values are in question and we do not agree that MORE digging will do anything other than infringe on our rights as property owners and put our over all safety in peril. ~~ ~u~ ~~\:I~~~ZD PETITION - EXHIBIT H Agenda Item No, 7B February 14, 2006 Page 52 of 80 To: Collier County Government Community Development and Environmental Services Division Attn: Michael 1. DeRuntz 2800 North Horseshoe Drive Naples, Florida 34104 Re: Variance request for VA-2004-AR-5438 and AR-5439 Print Name:~ l.deeS?- Signa~ ;:::#tj~{) Date: 431S- 5l.j"TJJArc<IiiJNf. t.j - ~~ 0'/ . Address: Print Name: 6~ urvb6/.T Address: 'fe.l60 S'f7H AlJfii' N5 Signature: r ~ -<<~ Date: ~-5 - 0 'f Print Name: .:TA.....},'" Stub('Jf1' Address: Lf'it,() 5'tr~ Ave I.J~ Signature: j J-.. ~ t:;/,..utI Date: l{ - 1) - O~ Print Name: ~Q,r \0. 'N\ I{Y\ Address: ;:::}<::r"\~ \ I....\W) n.l.>-L-5=-. Signature: C\ uq ~C"\ ~ \ \.).... Date: ~ Signature: Print Name: Address: ~17() ~t{t:AvIi t1/.13. Date: !dj&jrf{ , Address: 45&V 54-4L Av2.. !J r;; Date: '1- h !fiJ 'f I Address: Signature: Signature: Agenda Item No. 7B February 14, 2006 Page 53 of 80 Date: ddress: 441.(0 Date: 4'hk4 f f \4"6 k. ;#r h~~ddress: 44.40 ~J\--~ ~ c:L- Date:~ Signatur Print Name: Signature: Print Name: Signature: Print Name: Signature: Print Name: Signature: Print Name: Signature: Print Name: Address: Date: Address: Date: Address: Date: Address: Date: Address: Date: Address: State of ~ e:. D\:;::.r-::;:- County of Oo~\ ICZrl- Agenda Item No. 7B February 14,2006 Page 54 of 80 , ~aYOf~, The Foregoing Instrument was Acknowledged Before me this 20~ by ()C-. '"9-::Q-::>B..1 0 ~ f- has/have produced\:: i~'iin,,*, ,.r1i.~"., ;...:~,~i "~'''''l!>-- ''',Rf,,~' S'lACEYC.JOlINSON MY COMMISSIQ/J I DO 008759 EXPIRES: June 24, 2005 BClldedThI\lNOIlryl"llbllCUf'l~" who is/are personallv knnwn tn me or who c::sr~'-1 Notary Print Name J., / My Commission Expires: ~ Agenda Item No, 7B February 14, 2006 Page 55 of 80 .--:-;- State of ~ \Ce:c ~r-- County of Cb \X \ ~ ~ The Foregoing Instrument was Acknowledged Before me thlsJli.-r.... day of }..~\, \ 20~ by .};. \ \ We~"L. .WhO is/are~ kno00 me or who has/have produced ",""'Il:!-. STACEY C..KlHNSON Ql'" :""!-) MY COMMISSION I 00008159 , , ; J EXPIRES: Jun. 24, 2005 I II' "';nl BOlICltdThNNoIlIryP_UndIlWlllfI t <:::..I Notary P 'nt Name L-/_ _ (-../ My Commission Expires: ~ State of ~ OZ;\,S:)...... County.of Qo,~\ ~ l Agenda Item No, 7B February 14, 2006 Page 56 of 80 ~ daYOf~, nle Foregoing Instrument was Acknowledged Before me this 20~ by S79-.:>e....... s.-cv~lT has/have produced !'~ri""~' ~: :~ ~: jj ~ir7..~lf." STACEY C, JOHNSON MY COMMISSION' DO 008759 EXPIRES: Ju1e 24, 2005 BondedThrll~.'YP~U""''''' who is re personally known to me r who Notary Print Name My Commission Expires: ~ ~(uJo< Agenda Item No. 7B February 14, 2006 Page 57 of 80 State Of~OC4\ ~ ~\\\~ County of The FOreg~ing Instrument was Acknowledged Before me this ~ 20~ by ~~ has/have produced daYOf~, STw~T who is/are personally known me or who -#l~\ ~; ,J! \~ ~h1;~~~i STAr-EYe "QHNSON ~rt COf...t,t'SSh,:~ II DO 008759 EXPI8i:.5: dUM 24, 2005 s...'!1IledT~<l. filM..... Pl1!l1i:: Uncl!lrwlll~" ~_.""~~~~ ~~~~~ My Commission Expires: /. Qs . The Foregoing Instrument was Acknowledged Before me this 2~by f..t..~nd ~ ~(Z~.-- has/have proCluced ,.--... State of "'T \ ~ "" C'\ p.".. County of (b\,\ ';!U ,....,..~'1.lli... STACEY C. JOHNSON WI'/!". :'''f.\ MY COMMISSION' DO 1108759 , , . EXPIReS: Jun. 24, 2005 ," ~ClThruNowy IItMcUn"'rwme... as Identifi Agenda Item No. 7B February 14, 2006 Page 58 of 80 ,;;;-F--day of ~, who is OTAR '>'i (\ - {.JoI'oC't",,\ '"'\.....~~ Notary Print Name f-. /..... ~ ( _ __ My Commission Expires: ~ has/have produced :r~~ Agenda Item No, 7B February 14, 2006 Page 59 of 80 aSidentifica~ ~ ~ ~i=\C~o,J ~ ;:b~=-- - Notary Print Name ~! _ ./ My Commission Expires: ~ ~ Os. 1~!~. t(A")1 "it~-i' .J/f,X:;" STACEYC,JQHNSON MV COMMISSION # DO 00&759 EXPIRES: Jun. Z4, ZOO5 BondIlIThI1lNoiaryPllblk:UhlUi~ ---- State of +-bAS>~ County of ~\ '~L Agenda Item No. 7B February 14, 2006 Page 60 of 80 ~ -t"'- day of ~'l1_, The Foregoing Instrument was ACknowledged Before me this 20~ by who is/a~aIlY knO~ ~ or who has/have prod uced ~D. ,."~'IIu.. k'J:~.. STACEY C. JOHNSON I'fA\1, MY COMMISSION' DO 006759 'i~JI EXPJAES:m242005 ~Jir~W".r BoncItCITllIUNotIIYPtbklUnllll'WlllM NOTARY ~~~ ~ . ' Notary Pnnt Name /. 1_...--- My Commission Expires: b / ~ ( ( ~ The Foregoing Instrument was Acknowledged Before me this 20~ by -Mf": l (LS:.v0 3_ has/have produced State of +\. ce \ C>f.>r- County of QC:>\.~ t ~ - Agenda Item No, 7B February 14, 2006 Page 61 of 80 -Y71- day of -A-P.2' ! ::1;~'"-", who is/are personally known to me or who "".~~~--- Sc.DCT~ CL ~~~I..... Notary Print Name lo I G / My Commission Expires: 24::\. <lS T'~' f, iJ,'l:..Y~i:::" STACEYC,JOHNSON '.1~J,' .~,. 11;;: ,~MYCOMMISSIONIDD008759 'l'ii4i",,,!l/ EXPIAES:June24,2005 ~. <.,';1"r,I,'. BOlICIIdThI\JNolIIyPublcl/lollW'''~ Agenda Item No, 7B February 14, 2006 Page 62 of 80 State of \= Lo R:l:.I::> A County of e.. \0 L.L;J: E" R.. The Foregoing Instrument was Acknowledged Before me this 20.Q4... by S-\-o..~~ Q ,JO"~~ has/have uced FLo. .1).1-. 7'fP'> daYOf~ who is/are personally known to me or who Notary Print Name My Commission Expires: Agenda Item No, 7B February 14, 2006 Page 63 of 80 January 8, 2006 RECEIVED JAN 1 2 2006 ZONING DEPARTMENT Mr. Michael J, DeRuntz Principal Planer Collier County Government Community Development and Environmental Services Department of Zoning and land Development Review 2800 North Horseshoe Drive Naples, Florida 34104 Re: CA-2004-AR-5438 and CU-2004-AR-5439 Dear Mr. DeRuntz: Please find attached required signatures for consideration for implementing the variance required for Darryl J. Daminco, IfMr, Daminco is allowed to earth mine any of the property indicated above, the excess traffic by trucks would destroy our paved roads. So we require no commercial vehicle access to the site other than what is now in place on 561h A venue NE, There is also consideration that his mining could and will tap into our local ground water and possibly damage the majority of our wells. So round water levels need to be continuously monitored. He has currently used 561h A venue to retrieve his allotment of sand and as evidenced by the road, there is visible destruction. This type of infrastructure damage must be addressed as welL Please find attached new signatures and witness by a Notary, Sincerely, ~..." (~,~\-.: StacefC, ~ ----.:::p ~ 4440 541h Avenue NE Naples, Florida 34120 Residence Name: q.ou I- ~r_~AA4... Address: '-i 1'-( , 5'( AJ fl ,.)1.2 ~ ..i Signature r vLk- 'Il1~ Agenda Item 1'0, 7B February 14, 2006 Page 64 of 80 Agenda Item No< 7B February 14, 2006 Page 65 of 80 FileNo: ' Stateof~OC\ OA- County of Qc,. t \.'.9 '-- The Foregoing Instrument was Acknowledged Before me this 20.Qb., by ~ s.~rcT \\\,,",,2(:: \-""'~ me or who has/have produced '2>-ll----aay of ::::r.f\"-'~;{; who is/are personally lena to as identification. ~~"/~~ NOTAR " .... STACEY C, JOHNSON G' +;0' '"'' Notary PubI1c.S1It8 of Florida '. .lM, CommIsoIon ExpiI1lI Jun 24, 2009 i Commlsslon # DO 415699 I" .Rr... " Bonded By Notional Notary Assn, Notary Print Name My Commission Expires: Agenda Item No, 7B February 14, 2006 Page 66 of 80 Residence Name: --;Self(Lj 2 "rf" fO LL I' Address: L{ f/ S S Lj 1:h A V f., N~t., Signature ~ j'J Agenda Item No, 7B February 14, 2006 Page 67 at 80 FileNo: ' Stateof~c:'.O DI~ County of QO ~ (\ CC rL ",- The Foregoing Instrument was Acknowledged Before me this ~,....- day of 3-f\,....,~ I 20~ by ":S~?? VI, ? .cy>\,i:>.?('''''l~ ~ who isl.wepp",nnollyknoWD to m' mwho _~ _ ~. ~ ;""'''~,~ ')~U~ NOTAR\ 1C -, ,.~~'~~/'I' STACEY C. JOHNSON l'":..W. .(t>"'o;. Nolary Public-S1ate of Florida 1. . . jMy Commission Expi'ea J'm 24, 2009 '-;i,f. "'4' Commission' DO 415699 '. "",l~'-': '......... Bonded By Ndonal Notary Assn. Notary Print Name My Commission Expires: Residence Name: ~G..tL:>.. --=:;r, 2..L'P~c-. J Signat Address: -4 I I N . -l;;:- - Agenda Item No, 7B February 14.2006 Page 68 of 80 Agenda Item No, 7B February 14, 2006 Page 69 of 80 FileNo: ' Stateof~Coe:, 00- County of Q(S \. ~ VZ' 'L The Foregoing Instrument was Ackoowledged Before me this ~- day of .:::r:r;~ '-~ 20 06. by C)Lc.-A J 7" ~ ,:><,-1 \ : who is/are personally kno to me or who haslhave produced as Tdentification. ~Vo~ NOTARY _, """""" STACEY C. JOHNSON ~"'m~"I'l'f "1I.~~~ Notary Pubflc. Stale of Florida ~*. ~ J 2' 2009 i. .. : .;My Commission Expires un "I, ~~ .. Q~i Commission # DO 415699 ....::!i,.?:,r,~if..'. Bonded By National Notal)' Assn. N olary Print Name My Commission Expires: Residence Name: ~'d': ~ Address: t.f J Vl 0 s if f?' ~. 17 ' C, - Signature ~ -~ ~ Agenda Item No, 7B February 14, 2006 Page 70 ot 80 Agenda Item No, 78 February 14, 2006 Page 71 of 80 FileNo: ' ~ State of J-.l6?,OP> Countyof (iC::>~~\~'L. The Foregoinglnstrument was Acknjl,wledged Before me this 20~by ~o'3,K', L-, ~DALO me or who has/have produced C" -'-- -r ~/ day of 3., '\l0-Jf'>.IZ~ who is/are personallY 1m wn to as identification. ~u~ NOTAR DR ~ -_ .........", STACEY C. JOHNSON Im"''''S:~ Notary Public-Slate of FlorIda ;. . jMy Commission ExpIres Jun 24, 2009 ,,~ ft/ Commisslon. DO 415699 ,,1.,rr..r.i. .." Bonded By National Notary Assn. Notary Print Name My Commission Expires: --- Residence Name: Ju\'/ll,.h &rto Address: tjL(2J'7 .;;'7./ )u.o A.ff, /J(Jfr2~ Signature Agenda Item No, 7B February 14, 2006 Page 72 of 80 Agenda Item No, 7B February 14, 2006 Page 73 of 80 FileNo: ' ~ State of 4--'l = iZ.'\ Dl=-- County of Clc::, ~ \,,\ "Z iL- owledged Before me this ~ clay of .::r~ ' "W>.t'_ I who is/are personally kno\vn to as identification. ~u ~ }I Ire_, The Foregoing Instrument was Ac 20~ by . ---{L- me or who has/have produced ."""".. STACEY C, JOHNSON I'm...... '\ Notary Public ' SIBle of FIorlda ,. 'iMY~ExpllooJlll24.2009 ~ ~i CommisIlon.D0415699 ~ ,P.f.fX\ ~ Bonded By National Notary Assn. Notary Print Name My Commission Expires: Agenda Item No. 7B February 14, 2006 Page 74 of 80 Residence Name: C {-< 1'\ L ~ '2 C 0 (2 ( ,,:) Address: '-1,-\3, 5Y~" Ave: NE tv\..,\pl<.-S __ /f';; /1 ~, .~_ SignatUI~~_ ~ 'ET -_ FileNo: ' ~ State of <<\-t c e-t DP-- County of Cio ~\.-, ? L- Agenda Item No. 7B February 14, 2006 Page 75 of 80 The Foregoing Instrument was Acknowledged Before me this 20-Dk,by 7-1 ?:A~<;:Z (I 0?:-7C me or who has/have produced q~ day of ~..... ',e"Z I who is/are personalI:t known to as Identification, im'.....:.......... STACEY C, JOHNSON L i '; NotaryPublic-SlaleofF/orido r , ~~ . ~ Commission Exp/",. Jun 24 2009 ~ ~ "]$.I/r,"~' Commisslon#D041569l1 . '"1" Bonded By National Notary Assn. ~ ~~. -%~~- NOTAR~~ -, Notary Print Name My Commission Expires: Agenda Item No, 7B February 14, 2006 Page 76 of 80 Residence Name:Lo..V'Y/a/VtfJ p ('rver .'-{Lf'Z-:;' 5y I!I/EfV; Address: rvql'/ey Fi. :ry!'lCl Signature JCI vI' /1I1/tJ.1l/:'4 FileNo: ' -- State of ~ = D. j) r'>--- Countyof ClD\.\:i~ Agenda Item No, 7B February 14, 2006 Page 77 of 80 The Foregoing Instrument was Ac~~edged Before me this 20 0c". by LP.. "c. C>.t- yo, . ND-- me or who has/have produced c~ day of ~~~ who is/are erso n to as identification. ~"':;';~';'"'''' STACEY C. JOHNSON lm\ NoIatyPublic.SlateolFIorId8 ~. . !MY CommIssloII &jiIes Jun 24, 2009 ~4. ~; Corrvrisslon # DO 415699 ..9f,r,i, \' Bonded By NatloneI Notary Assn, r' . ~ ~ ..\~~ NOTARY~ -. Notary Print Name My Commission Expires: Residence Name: L u C,. 00 L (!) <:IYO{ l1t..{i9- ~vE /VE Address: /!I,V'/ ;Jt-FL 5'1 !~o Signature.! I Jr:/()!, J of"O'C( Agenda Item No. 7B February 14, 2006 Page 78 of 80 Agenda Item No. 7B February 14, 2006 Page 79 of 80 FileNo: ' State of County of The Foregoing Instrument was Acknowledged Before me this 20.D!" by (.---'0('\ ~ l-D"l: b PT me or who has/have produced r.-L.- ""1 ( day of .:::.\.AN, )~ who is/are personally known to as identification. ~ -~U~~__ NOTAR~ -. G STACEY C, JOHNSON ~ \ NoIaryPubllc.S18loolFIoIIda I .... ;' .....,~ExpIreoJun24,2009 " ~ C~'OO415699 :".w. Bonded By NaIIonaI Notary ASIn. Notary Print Name My Commission Expires: 1;, It HI 17 J2. ;U 43 49 64 63 80 81 liS 97112 m 2i ~ ~~,. <54- 47 ,sa &:3 !16 711 62. g~ gB 11111. l' 16 12 1S 3D ~ ~1 62 67 711 6~ 94- 99 1'-;; 11[ 26 11 <! 15 10 ~ J .. ;..J <t: 14 G 2D 2.9 36 45 ~7 64 8~ 100 109 11B ~ --.::. 21 25 37 44- 53 BO r;1l 76 BS g2 , m lOS' 11 2_ : _'~~IF llF ~ 22 27 35 4~ :>4 5& 70 75 5e 91~o; 1 15 2~ 4 2.'l 2.6 <58 42 ~ ~ 7'1 74 67 90 10 ~ J 50~ A\/EN E .E ~ rE 1 24 2~ 40 +1 .!l6 ~1 72 13 e5 118 100 10: 121: 121 1.}[] 13113J 3313' 135 131 13 36139 40 141142 143h", 129 141 TH A fE~ UE N.I- ~ 17 32 3.3 +!! +Il 6+ 65 Bo 61 815 97 11211312 H} t 13 11; 31 J4 4-7 50 S3 ElG 79 12 19 3C ;}:l ~ ~1 62. 117 76 - 11 1<- - 62 95 98 111 114 Zl 5 53 94 9S 110 11512ii 4 Subject Property I 56TH AVENUE NE. \ 61 1~110112 &5 64 ICfl'01114 N~III 44- 504 J 7~ 76 42 w.>s 14 +1 ~!l6 n. l::J 25 40 ~ ~7..'.; 12 [J1: .. fL .....- ,~= 39 F=!l~'i; 1_2738 ,.,5970 11 o 26 37 ~ 80 68 -.r 92 ~S 10 28 36 51 88 83 98 ~~: ::: :::: 9 32.' 1_33 B4 55 1~ 12B 6 7 ~7 Ja ~ ~O 61 B2 73 74- 6~ B ~N 47 H A'ENUE N, - 1~ 24- 27 JB ~ 51 80 63 72 75 B4 rn ~ :~ 23 2B 35 40 I 47f5{ .:. 64 71 7B 83 BIl 17 Ie +7 48 4-9 50 18 80 19 +6 45 51 .5 77-" 5<TH ~U ~ uj 23 13 I'" 24 PETITIONERS LOCATION MAP Agenda Item No, 7B February 14, 2006 Page 80 of 80 4- ~1-'.3 <5 1 5 6 1151,~ ~ 11' 116 wJ!!1 104 t.J '15 "'-es 1m I':" 12!1 h.. aJ ~S9 102 I f71120 to: 110 101 I ~ 121 -r 91 100 1 _ 122 I- to 123 3 121 n-.::- 125 10 '26 127 5e Agenda Item No, 8A February 14, 2006 Page 1 of 96 EXECUTIVE SUMMARY PUDEX-2005-AR-7824 Pawel and Teryl Brzeski, represented by Gary Butler, of Butler Engineering, Ine., requesting a second two-year extension of the Magnolia Pond Planned Unit Development (PUD) granted by Ordinance Number 98-49, and extended until June 9, 2005 by Resolution Number 04-284, pursuant to LDC Section 10.02.13.D. The subjeet property, consisting of 42.05 acres, is located on Magnolia Drive, west of Collier Boulevard, between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: The objective of this petition is to have the Board of County Commissioners consider a request for a two-year extension of the development time limit of the Magnolia Pond Planned Unit Development (PUD) as well as ensuring that the project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained, CONSIDERA TIONS: Section I 0,02.13.D of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved prior to October 24, 200 I, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2-year extensions. This project is seeking approval of the second, two (2) year extension. That extension time would allow the project to have an additional two years to develop under the auspices of the existing PUD document. The project was zoned from the Agricultural (A) zoning district to Planned Unit Development (PUD) on June 9,1998 to allow development of multi-family residential uses by Ordinance 98- 49 (Exhibit A), The multi-residential use portion allows a maximum density of 5.49 units per acre and a maximum of 231 dwelling units, The Magnolia Pond PUD document Section 3.4,C Open SpacelNaturaJ Habitat Preserve Area Requirements give details that a minimum of sixty (60) percent of open space development shall be provided on-site as well as a minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site shall be retained. On September 21, 2004, the Board of County Commissioners heard and approved Petition No, PUDEX-2004-AR-5897, known as Magnolia Pond PUD, which was extended to June 9, 2005, Resolution 04-284 (Exhibit B). - Magnolia Pond PUD, PUDEX-2005-AR-7824 Ex Sum Page 1 of 5 Agenda !tem No. SA February 14, 2006 Paga 2 of 96 Synopsis of Approved Land Uses: The PUD document that was adopted as part of the rezoning approval (Ordinance Number 98- 49) contains the list of uses approved for the project. No changes are proposed as part of this extension request, nor are any changcs proposed to the Master Plan. The applicant is aware that no changes can be made to the PUD as part of a request to extend the sunsetting date, The PUD, if extended, would retain the approved development intensities that were granted in 1998. The neighborhood border to the north of this PUD is Residential Single-Family District (RSF-3), The Golden Gate Commerce Park PUD and Collier Boulevard Mixed-Use Commerce Center PUD are adjacent to the east. The land which borders the site to the west is zoned Vacant Agricultural. Immediately to the south of Magnolia Pond PUD is Interstate-75 and adjacent to the southern boundary of the Right-of-Way are other land uses which include Residential Single Family (RSF-4), Sherwood Park PUD and Saddlebrook Village I'UD. ,- "''-]:'. "'- -' TO FP tH'I-[-R~I"I'E' t-' t'" I 1;'1;. ,I,: I !1'" 1,1, ".1.. ~ .._,<1; ,;--,::,-.-:"~m, ,1 HE ~ ' tJm_jtiL~.JLi'1liIJi' -11rO!!::;k!\""E Ill]I""iT"'-"n iF'T"Tf! TTTTH' iT!' . 1![jJ~ i I fu, r:ILU1:p,I,.' 'i}r:JJ _I;~ti ,)jf!t~,LLJJ,lP --, l-rITI-' , r"I-c-, [',1-,' '~",I , -n, 'II [J, , / I 1 r €I I i I , J . _ 'LJ L~L .. ._~---':"':J.. 1.:......~L,;....-~ --,,,i._ ._i,.)mm...L-.___.,~ Gol.den~C;mal Golden Gate Conu'tle:t"CE! Park _._~",-" ..-,,-.-.,....---. t..---~.--__....~ ( "\-""'- " \ ......--- l "'." , I''-,~- - --;--'....,~--,~~ ll'!'.,!__......,,_ ---J~~l Magnolia Pond COlliel' Boulanro I'.ExedU$e Conune:t"Ce Center 1- 75 R,O,W, ShelWOod Park I . . .~~. '--'_--~~ =--; ~=-- y-) '~~I "-.,- - "-l~ ~,--' 1__--2AI ..____/ \\__1.-. ~ ""'{;' ! ~"I' -------\ \ ' I " ,- - e" ,/ I' <<IIIlDRDCII.-.A.lN:IIO: ~o;..Tnl'ol --!'/'./<' ^-~,' L " A--. "! PIIl\C / J r I II ,--/ _,_ \ I j Site Map -[~.._,~- ~~ ;A --~. -- ~ I~-~""", " '\ i_,. " ) , Magnolia Pond PUD, PUDEX-2005-AR-7824 Ex Sum Page 2 of 5 Agenda Item No, 8A February 14, 2006 30196 Consistency with the Collier County Growth Management Plan (GMP): The subject property is designated Urban Mixed Use District, Urban Residential Subdistrict, and it is within a Residential Density Band, as identified on the Future Land Use Map of the Growth Management Plan (GMP), The Magnolia Pond PUD, comprising 42,05c1c acres, was approved for residential development with a maximum density of 5049 dwelling units per acre, Residential density for this Subdistrict is determined by the Density Rating System (DRS). Relevant to this petition, the DRS allows for a base density of 4 dwelling units per acre and a density bonus of 3 dwelling units per acre for its proximity to an Interchange Activity Center, allowing for a total of 7 dwelling units pcr acre, No changes are proposed to this PUD, and there have been no amendments to the Growth Management Plan since the time that the PUD was approved that would affect the approved use or density, FLUE Policy SA requires new developments to be compatible with surrounding land uses. The Comprehensive Planning Department leaves this determination to the Zoning and Land Development Review Department as part of their review ofthe petition in its entirety. CONCLUSION: Based on the above analysis, the proposed extension may be deemed consistent with the Future Land Use Element of the Growth Management Plan, Consistency with the Collier County Environmental Review Staff met with the Assistant County Attorneys for Community Development and Environmental Services (CDES) on January 9, 2006, and resolved that the PUD allows reconfiguration of Preserve Areas to meet current GMP requirements through Sections 2.2,A, 5,3.A and 5.1 O,E, of the PUD document. Therefore, the PUD is consistent with the Environmental requirements of the GMP, At the time of the first development order, the Preserves for the PUD must be identified and be current with current GMP requirements (CCME Policy 6,1,1), If the applicant does not comply with the provisions at the time of the first development order then the PUD will be deemed inconsistent with the current GMP/LDC based on the wetland determination from South Florida Water Management District (Exhibit C) and the Protected Species Survey (Exhibit D) in support ofthe following reasons: 1. Preserves shown on the Master Plan do not meet current GMP and LDC requirements for Preserve Areas. The Conservation and Coastal Management Element of the GMP requires areas known to be utilized by listed species to be prescrved first on a site (Policy 6,1, IA(a)) and LDC 3,04,02,A,] I requires Preservation priority be given to the largest, most contiguous habitat with the greatest number of active burrows. The results of the current gopher tortoise survey show this area to be largely outside of the Preserve area shown on the Master Plan, 2, PUD Document section 3A,D,], allows a berm, wall or fence in the Preserve and F.2 allows a sign in the preserve. GMP CCME Policy 6.1.1(6) allows only passive recreational uses in preserves, Furthennore, LDC section 3,05,07,H, I.h prohibits fences and walls within preserves, 3. PUD Document Section 4.2AA and 5.6E allows essential services and a maintenance travel way easement, respectively. GMP CCME Policy 6,1, I (3) requires preserves to be protected with Magnolia Pond PUD, PUDEX-2005-AR,7824 Ex Sum Page 3 of 5 Agenda Item No. SA February 14, 2006 Page 4 of 96 a permanent conservation easement and LOC 3,05.07,H, I ,d prohibits any easements, including but not limited to utility easements, from projecting into preserves, Consistency with the Collier County Land Development Code (LDC): Section 10.02,13,0, of the LOC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: I, The PUD and the Master Plan are consistent with the current Growth Management Plan, including. but nut limited to, density. intensity and concurrency requirements (LDC ,'10,02,13,D,6,b,i".), No changes to the GMP have been adopted that would make the previously approved PUD inconsistent to the density and intensity requirements, however the project is no longer consistent with the current Transportation Element currency requirements. 2, The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning (LDC ,~1O,02, IJ,D,6,h,ii.); and No changes have occurred in this area that raise compatibility issues. The project was deemed consistent with the overall Growth Management Plan and thercfore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area, 3. The appruved developmenl will not, by itself ur in conjunction with other development. place an unreasunable burden on essential public facilities (LDC ,9'10,02, 13.D, 6, b,iii.)s, The PUD document contains language that adequately addresses provisions for public facilities, The Magnolia Pond PUD document contains a commitment for a drainage easement along the eastern boundary for stormwater flow patterns. The appl ieant is in the process to fulfill the pu~ commitmcnt by dedicating the drainage easement to the County. The Transportation Department indicates that the project will place an unreasonable burden on deficient County roadways. FISCAL IMPACT: Extension ofthe PUD will have no fiscal impact upon Collier County, COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPC. Magnolia Pond PUD, PUDEX-2005-AR-7824 Ex Sum Page 4 of 5 Agenda Item No. SA February 14, 2006 Page 5 of 96 TRANSPORTATION REVIEW: Project is not consistent with 5.1 and 5,2 with failed TCMA based on recent actions of the BCe. Even if BCC actions are not applied immediately, there is nothing compelling to warrant request for 2nd extension in direct conflict with desired direction of the Board. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCe) must be based, which is found in LDC Section 10,02, 13,D,6,b. A summary of the legal considerations and findings is noted below: . The PUD Document and the Master Plan remain consistent with the current Future Land Use Element including, but not limited to. density and intensity requirements; and . The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequcnt to the original approval ofthe PUD zoning; and . The PUD Document is no longer consistent with the current Transportation Element; and . The proposed change will increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phascs of the development, or otherwise affcct public safety. This projcct has not been deemed consistent with Policy 5, I and 5.2 of thc Transportation Element of thc GMP (Exhibit E - Traffic Impact Statement). . The timing or sequence of developmcnt for the purpose of assuring the adequacy of available improvements and facilities, both public and private shall bc provided, STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners deny this request because of thc present roadway level of service deficiency which is based on the Transportation Department's determination, The site will gcnerate trips onto links which are failing and anticipated to fail within the build out of the project and the five year planning period, Mitigation through the TCMA will not be feasible without planned and funded improvements within the TCMA, PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review Magnolia Pond PUD, PUDEX-2005-AR-7824 Ex Sum Page 5 of 5 Item Number. Item Summary: Meeting Date: Agenda 11em No. SA F<:;ty<.nry14.2006 Page 6 of 86 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "A This rtem req\lires tMt ail plilr1icipllnt~ be sworn in aod ex parte disclosure be Plo~ideo lly Commis~ion members. PUOEX-20ll~-AR-7!\24 Paw..1 and Teryl Brzeskl. rapresented by Gary8ulier. of8ullerEngineering, Inc.. requesting a 5econdlwo-yeaceJ;Hmsion of the M~!lno-lia Pond Planned Unit Development (PUD) granted by Ominance Numbe' 98.49, and e,<;lended until June 9, 2005 by Resol\ition Nl,mber (J4.2B4, ourslia~l to LDC Section 10,02130 Ti18 t\lojact properly. COfl~lsting 0142.05 aWl[; i$ located on M8gnoli~ Drive was! of ::;"Ili.or Bouhwam, betwesl1l.75 and the Golden Gzte C'lflal, In Seeller. 34, Township 49 South. Range 26 Ea5t. Collie, County, FlQrida 21'4i70089 00:00AM Prin<;;l'al PI"nn~r Oal~ I'repart"d By M..lissaZon.. Community O..wlopml!rrt '" Ellvi....nm..ntaIS.rvices Z<>n;ng '" Land O"v"lopm~rrt R"v;"w 1;ZiI200610:Z3:28AM Auist"nfCoufrtyAnoml\Y Oatil Appro~t"d B}' J"ffKlatzll:"w CnunlyAllom"y CIJunty Artom<,y otti".. 1I27/20tlG11:MAM Ct",rlPk",,,ar D.. Appro~t"d By RnyBe!lows Communi\yo.w";OpmllO!& EIlV;'Ollm.,ntaIS"rvk,," Zon;n'i&l..andO<,veloflmentRev;..w t1211Z0!}G 12:24 PM 0.. AJlpro~ed By Sand",L..'! Ex..cV\i,..,s..c,ela!y C",rnmilllity (luvelopnll'!'; '" Community [}e".,lol'",<,nt & EtwiromllM"'1 SelVio"" Env;m..m..nlni S"rv;cef- Admin. li2i120H1:t2PM Allproved O~' Z,ming4!.an<:lD<1"elol'"\CnfD"..CI0f 0.. S""anMurray,AICP CornmunilyD(>v"lopnlCllt& Ellvi'''nmMmIS",rvic''~ Z""ingll. l..andO..vd<lflmenl Re'li"w 1IZ1IUOS1:39PM Tmn';I""luli'M Div";i",, A<lmini"t,.alOr [)~ro App....v..d By Nom,E.F..dll',IIlCP Trlln",p"rtatinnS..rvicn T"'''~I,,,,,,,Ii',,,Sa......icesAdm;n. Zi2i200S1:'11 PM Al'pro~..d By "" Joseph K.~kh"';!l Co.mnun;lyOoV<lIDpn",nl& [t"'i"'mn..ntalS..rvic"~ Cnrn",,,nityOuv"lop",..nl& Envir-<mmentaISNvicMAdm;nst.aw. CI>m,nunilyD''''''!OI'"wm& En"i'''..m''nt3IS",vicl'~Ad''';n. 2l21200i;Z:51PM Adminht.atiwAs:!;i'$tJllnt '.m Approv\"dBy OMBC"",d'"aI.'" C"untyMJII"Aller'sOlliC4! OII;cc"I'M-"n.~..nt"nt&Budget 2!3!200ti6:!>l:IAM Budgd AMiy~t fAlt., App,...wd By M~rk bilr~~')11 C""nty Mllllag<lr'.. OtfiCI> Of/ice llfMaI1811nme"t& Budget 21~1201l6 4;114 PM County Milllager D"ru Approv..d O}' .lm""", V. Mutld BnardotCouIlty Commif,,,ion,,rs; County M"n"\l"r'~ OIfi"" 2iJIZllO!iU:13l"M COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 (i) Agenda Item No. SA February 14, 2006 Page 7 of 96 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- APPLICATION FOR PUBLIC HEARING FOR: PUD MASTER PLAN EXTENSION PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDEX-200S-AR_7824 PROJECT #19990108 DATE: 6/17/05 KAY DESELEM APPLICANT INFORMATION I NAME OF APPUCANT(S) ----P-~~~l__~~~__~J:~_L_ ~~~_~_~______________________ ADDRESS ~1:t-1_-~st~[~J~__~jJ:~_______CITY_~~le~____STATE__~~____ZIP__~:!J~~_ TELEPHONE #__:.t~.:-_5_':i~___CELL # ----_Cd_<&.________FAX # -:d~~~%1~L_____ E-MAIL ADDRESS:_Ql~L_______________________________________________________________ NAME OF AGENT -J--&nf---.6-ll-:lJ:eL--di___~g.-}JLr:.__~(LSi-'J::~_~x=~n ~Lj!.~!!:-.: ADDRESS .Ji6.2.3-_Tc~d~_.ct;[dl'r:~ili~__C'TY __.r1Q.p.le~__ST A TL_fl::____ZI P __.:I1-!E.'l_ TELEPHONE #__2:!f._I.e_:3"'~(,,___CELL # _ '7'11-__9-;;f.L(L___FAX # _~~~_:_L~~~_______ PUD Extension Application ~ ':;j Agenda Item No, SA E-MAIL February 14, 2006 + Page S of 96 ADDRESS:____E!3i.\.:-k.L2.Q...2:-@~'--c.mD-------------------------- BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: _~11t________________________________________________ MAILING ADDRESS ____________________ CITY __________ STATE ------- ZIP_________ NAME QF HOMEOWNER ASSOCIATION: __JblLli______________________________________________ MAILING ADDRESS ________________________ CITY ----- ZIP__________ _ STATE _____ NAME OF HOMEOWNER ASSOCIATION: __~J-~____________________________________________ MAILING ADDRESS _______________________ CITY ____________ STATE ------ ZIP__________ NAME OF MASTER ASSOCIATION: f\J1A ----- -------------------------------------------- MAILING ADDRESS _________________________ CITY ___________ STATE ____ ZIP ------- NAME OF CIVIC ASSOCIATION: ___t:lLfL___________________________________ MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP ----- pun Extension Appl ication Agenda Item No, SA February 14, 2006 Page 9 of 96 Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an (Use ownership interest as well as the percentage of such interest: additional sheets if necessary). ~ Name and Address /~ of Ownership --------------------------~- -------------------- ~~~~~~~~~~~~~~~~~~~~~~~~ -------~---------------------- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ b. If the property is owned by a CORPORATION, list the offic rs and stockholders and the percentage of stock owned by ea . Name and Address <ercentage of Ownership -------------------- ----------------- ---------------- ------------ ---------------------- -------------------- --------------------------- -------------------- - -------------------------------- -------------------- c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership --<2JQ,r-c~J~__LX~_35__~[~o..:t..-'ffevcCt:Lh!?---!..-r"U ~i________ ----------------------------------- PUD Extension Application =:LC_c~L_.:l:L_j;Lz..C5 ~i.______ __t1~b!J~JL-~~r~[l1:-------- __6LQLQ...___?..:__~<;:4-c~.t-------- _nflt:~lL-E:-}:'-:---13.~1-n:J:rt- ? Agenda Item 1'0, SA _____S'..D__.E_____E~truary 14, 2006 Page 10 of 96 ______~_:t__~________ _____~:t_;r~________ _______~_'Z~________ d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address f\jCL Percentage of OWnership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address N l-lt- ----------------------------------- ----------------------------------- ----------------------------------- ----------------------------------- ----------------------------------- Percentage of Ownership Date of Contract:________________ PUD E:'dcnsion Application Agenda Item No, 8A February 14, 2006 f. If any contingency clause or contract terms involve additionaIP~aTtl~~;96 list all individuals or officers, if a corporation, partnership, or trust. Name and Address --------------------------------------------------------------- tJ /-It- -------------------------------- --------------------------------------------------------- g. Date subject property acquired 0 leased [B'Term of lease _________yrs./mos. 'CJ gt, - 2.001 If, Petitioner has option to buy, indicate the following: Date of option: ______oJ_~_____________ Date option terminates: -__Dl9....._________, or Anticipated closing date --.c.J-~-------- h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Dctailed lC!!:al description of thc propCrly covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range _3 '+__/__LJCJS/__/i. ~~ Lot: __=-______ Block: __~_____ Su bdivision :--=----------,/71"2:.--------------------------- Plat Book_L~_L~_ Page #:~3____ Property I.D.#:_______C!2_JR1 tLQQQQJL______ PUD EXlcnsion Application Metes & Bounds Description: ~ p... - I I.. .cl:l.e..d________ --E-~;:-~T-~s~;--~--~-r:~~--~~ V\J \ + Agenda Item No. SA February 14, 2006 Page 12 of 96 Size of orooertv: _____==____ft. X __=_____ft. = Total Sq. Ft. --=---------- 4:;).05 -t Acres______________ Addressll!eoerallocatioo ofsubiect orooertv: Mognol"d brwe. \/.2 rni Ie.. lSlvd. be.,fwr"-ef) :r: 'lS "'t- wes-t D-P (~lden tollit'( (;"" -fe_ (lonrLl ADJACENT ZONING AND LAND USE Zoning Land use _____t3~~~sL~d'ii~_L____________________ ______~~__:t___~~____________________ _____!{QilQgL.::__-1'J..LXe.rL_1.Ls_G::!_____ __________1SL_~____________________________ N_K5.E- q__ LL.1.5L::..RQW -Pu.b E_____________ A6 w____________ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range _;.s4__/_.:1~/__J..~_ Lot: __=-_____ Block: -==____ Su bdivision :___=______________________________________ Plat Book___=-___ Page #:___=____ Property ()O;;.q ~ 1 (P ooo:J.) 00 flq It! f?{)OOO I j I.D.#:______________~____________ 00 :J q~;i~~o~ ) ()rg ~ 9}:'::;~ J) Metes & Bounds Description: OD;}. q 8 4 DO dH /J () 0000 3) _E._~LZ-__Qf___tY..E.J:l___Qf__ry_fLY:t__9..~7!_?_f{ O~O~q fJJ '1 :< 1(57)'1 ('rP N lAJ 1/4- EXTENSION REQUEST DETAIL Has this Master Plan received any previous extension(s)? JiO YES 0 NO PUD Extension Applicalion o _ f) 'L . r. ' I Ag'lndEjltem No, SA If YES, please indicate the date of approval(s) _____-.:L_Q!... :-..u.I____ and SPWl'lJ~r51 ~~06 of the Board of County Commissioners' approval. Page 13 of96 Was the planned development proposed for two or more phases? 0 YES tzl. NO If YES, please provide a copy of the approved phasing schedule. Has the Master Plan sunsetted? 0 YES M NO If NO, please indicate the date that it will be sunsetted:______ Jlu/\~__~I~ __~o 5 ___ If YES, please explain why the Master Plan was allowed to sunset: -------------------------------- Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated. ,---:fin e.. ,ypi. q-ib ~Irl IgCJ& d.OO Y- pI.,{ D 4pprmJo.J e}l:.ten S iON Is the extension requested for: ~he entire original development, or 0 phase(s)? If for phases, please indicate the phase number(s):__________________________________ Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements. i~n vLI~jl r rlI /I Y (\ II (/ I I {1- ; ,(': I' (iC/: l/l'lt .; (' ( Intrt-/}"j;<;iit-. -t1(Lf1 I PUD E)(lension Application Agenda Item No, SA February 14, 2006 Page 14 of 96 Please explain how the development proposed by the Master Plan remains compatible with existing and proposed uses in the surrounding area in view of development approvals issued subsequent to the original approval of the Master Plan. r~() Qh (J 11 (J" In SUVrbunrllV\:) jcu'lcl l~ S(~ Does the development shown on the Master Plan place an unreasonable burden on essential public facilities? Please explain. J~,e., \\~ n 1-\0.\/<:'- be en _pnJ / e--L ~I(\ ) r<:~~~.Kh<'1-1 pldJ!,(' (0 '''''' c-rl-n-'c-+ e (I \ ""r1 Pt' € I u4- -\-0 EV ALVA nON CRITERIA Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materials and documentation in support of the request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use oetitions on the subject propertY: To yottr Imowledge, has a public hearing been held on this property within the last year? [0'"Yes 0 No If so, what was the nature of that hearing? __~e-iu.fst___2.AC.:-___.cLtC:LlSjJlQ.____QL__~ !-lit> NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to suoolv necessarY information to continue orocessina or otherwise activelv pursue the rezonina for a oeriod of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity PlID Extension Application Agenda Item No, 8 shall be deemed withdrawn. An application deemed "closed" may be rtf-<dl1!)ell1:ed4,Jilj1l , submitting a new application, repayment of all application fees and grantF'rfijl8ofi ~ determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) PUD EXTENSION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre-application meeting. GENERAL APPLICATION To be completed in full. PRE-APPLICATION MEETING NOTES Provide copies of notes taken at pre-application meeting PROJECT NARRATIVE Provide a written statement describing how the criteria listed in subsection 10.02.12 of the Land Development Code have been met. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403-2482, FAX (239) 659- 5724 PUD DOCUMENT Original PUD approval ordinance. FEES Required fee in the amount of $1,000.00 per current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). OWNER/AGENT AFFIDAVIT PUD Ex.tension Aoolicahon Affidavit signed by owner authorizing agent to act as representative. signed and notarized. Agenda Item No, SA MtMrtOO 14, 2006 Page 16 of 96 WARRANlY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. MASTER PLAN Master plan no larger that 24" X 36", drawn to a maximum scale of 1 inch equals 400 feet, [and one reduced 8 )12" X 11" copy] depicting the following: . all existing and proposed structures and the dimensions thereof . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site) . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled] . required yards, open space and preserve areas . proposed locations for utilities (as well as location of existing utility services to the site . proposed and/or existing landscaping and buffering as may be required by the County OTHER After initial review of the request, staff will determine what if any additional information may be required to substantiate the request. The applicant's agent will be notified. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees PUD Extension Application " ...~ Agenda Itern No, 8A February 14, 2006 .~. ,~~- 6 SUBMITTAL SUFFICIENCY CHECKLIST PUD EXTENSION THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLlCA nON PACKET No. of CODies r:Jl8 m8 [91.8 ~1 [318 [9-'2 [Q1 [9--2 82 if o Completed Application Pre-Application Meeting Notes Master Plan 24" X 36" Master Plan 8 W X 11" Approved PUD Ordinance Warranty Deed or Contract for Sale Owner/Agent Affidavit, signed & notarized Aerial Photos with Habitat Areas Identified Addressing Checklist Required Fees Other As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal packaJ:e. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. t?"'(.Ji~, (1 ud:tl PUD Extension Application D~ lh 0 b I AFFIDAVIT Agenda Item No, 8A February 14, 2006 jiio8t:;; Itl"vr ;6 PUDEX-2005-AR-7824 PROJECT #19990108 DATE: 6/17/05 KAY DESELEM , . We(f) _k.c.yJ__E__i3.C4~_~KL____ being first duly sworn, depose and say that we/l 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 We4)urther authorize _____~-'___f1u>i_--..&.l..-tJ~-------- to act as our/~representative in any matters regarding tllis Petition. l ~j)){J Ji~J!-J.~~U/)1ft s~?f-;;;~ oipr~€Jrtyowf1er -rffvLJIJ3rze6K~;Jil1Stec Typ<<d or Printed Name of Owner -------------------------------- Signature of Property Owner -------------------------------- Typed or Printed Name of Owner T~e foregoing instrument ~s acknowledged bef~re me this _1:.~__ day of __tp-t.!..L____, 2002:__, by _j~nt-LJj-"__3r.lf-~~f.!...__who is personally known to me r h d d 'd 'f' . o as pro uce _________=-_____________as I entl Icatlon. State of Florida County of Collier -0~--~--~--- (Signature of Notary Public - State of Florida) ~yn:fl", Debbie It. L10Jcl mr.......""...#DD1!l5B35 (pri:~1" :~~mmissioned 'it'II\\ ' Name of Notary Public) PUD Extension Application -' I 1\ 1\ \ CH)I; L \ ,',,-- t .".;:"L , ~, 11 ---.......- II I ,I -~:,;" ' ~,:^'~m I, OO~^,~:,""" II; -'" I~,"'",;,", :t" __.._ OH,,",:";"'" /' -.",,' 1'-,",,,," 'I I " 'II GOLDEN; GATE II ""'~":r..1R--=__ _ l ""'""" 'T :."=~ ~l~_..tti~~:: ,,""'. ""0. i i '" ",:""\I,,,,,"~:C"Y I,!" I ':--,..::"""",,,,,",,"""- ;;""~l""'_"'''' ~,.' " ! \ ri ~-^" -- PRCJ~"'''-I \'~'" ~ I :' LOCAT~~~ (~..~"." , """",:'."""''''' . 5 ! " -':;,";:C"" -I .....,""""""'-~ 1 1 ''',''''',,-.... ,--_' ...:t~~ 1-== T' ..:::~ I .,"" ~, I- 1--""'" '''''.''''~. " . ~ ~i~;~~ _"'''''''00la1!\<..., ,"'.,,,""'."" ,~'""" C<M<"',,", -T-- !r;"r:., """""'.."' 1L.2-;' " I:;:;;'''' LOCA TION MA P ! Agenda Item No. 8A February 14, 2006 Page 19 of96 "51 '''''C'' ~. r' , ' m 1T~.r--;-1--r, --n , , ,Tl,1 ,'n, " ~:LL ..:'L.r~J;::I-=tL~'f':D:1G;1'ilI'" ,caj:_ :"'1: ,e, ,_" "'^" '.~'. r", __ : __ E!i1._I~,---J~ .]C,Tr'-"J:~W ICHi-M--' I-C-!1f;=;rJE--rlTl_TI';n;c-IlP-!V, , "', "J I", "1 " ',' ifl1 '1' ',' lV'-' "',---', ~,~! ' _-=--.-~_L-~; _..i.----.!__~-J '__L.;._ ---" !~l---L-_~ TL ,Ji [''",_'i:::L-=::I ~m -,1' , IW'\:' -----! ;~;;"-''' - - n_ ,n_ - -l nn , ISI-E~ LOCA,T!ON I (- '~ -"" n n_ n__ n n+_ n_ I , I , " ~- ""'0'0"'"0," ---=~~~, j, I' ... , co'",," "O~"U^"D ">E" ,'S[ 0""""'0'0,"'" ---- I-~\~-~~ ~~, ~ ~ tl I--~'~"-~ "'i .. -~ -J I', ~\i I(('n~ - I '1)) ~~_ s.<:lDL!!I1<t<X'"",,, ""O'TCW" _ --....." ~~, j"0t. -.L,_"L-! \,I~", ',' -------- SITE MAP PETITION #pUDEX- 2005- AR- 7824 I, . I I jlll!!!l ~Ui , .I . II! ~ l~ ' ,_.___, J ! ! iii@ mE~~. !~ , ."'.. "j Z ~ i!.!ei! ~, " > " Agenda Item NOJ8A February 14, 2 06 Page 20 0 96 ! ill !!";!";!':;!";;!'~;!'I'!'l;! ! 1 III Ii !Ii !ll :1'; !lll :Il '!~ !i I ! Il~ =1 I~s l'lIs ~ ~ I')~S ':>s 'Ill. -:..s '" ll~ 11 0Cl, "Ill. :B~ 'II" 'Ill. u., i ,I ,II, il~ "iI<, I, II I~ li~ '11'Wl~; IIII II > ..1 ill It h h~ ~~ ~~J ~ ll:i Ii 1 9'5: BS )', B":>S lo-s I' , IiI ; i; i; j; il; I; -i F ,I : i! i! -I d! ~! h !! I c~~~ I ~~~~/' ~~~:'<I 'IQ ..-.~, . ~ -, ~~ I " 1 ~L I ~~ 1\' ! ,t~ [JI! I: ~, ~ . , ' "~I . IJ - \ - I ~! ' I, . / ~ "" ' ., ~ o~ I f~ ,~ ~~ lj';' ~~ / - ,d!, i 11 ': I d \' . d/' t-;~_~_ [J.!- I \. l~ , ' , ~ {\- \ ~_. .. ,::>,> I ::li Il'1 I ~H~ I .;:111::::""" : I I .!'" ~h ~,~>~ j' ,_,_,_,_,_ _ ""M~ ".., n___'~" .uu__ U ~~ ?~/ / - ___n_= ~-~n-----: ~----- ~-;~~~----in--n-- . II. ~~~ . ;! 8J 0" ill ~~~~~ I ~ ,;. ~~ 1 l~.~ ~ ~ ~,~ I I! II I'~ '" ~ ~ h~ I ,.;i. i~ '" ~ ~ IP "h j; II. ~ ~ ~ : II I -I' ~!2 ~ ~ Q " i I lrll~." ~ ~ Iii fl I II" s: ~ ~ i' . IPin~ ~ ~ l I l__~ "" J . -; --. S/Aff RrWJ S-'ll (ax)' ff/W) j,,, C'} ,,- '" 11~ ~ ih in """"1""" .,','.',11,',', ".., ,. ".. .,. ~S~ CARr UEYRt;tfT [ENE ENGINEER:NG , MAGNOLIA PONO co~n''1"u.l UHM II",~";U~"T ' . U11UT'l' ~\Ml UIIII!lr'I,' -:~~~::.;."' . _..,..~ '< ..,.., I' , Ill! . ILl -( r -Ii' I ~ ~ I ~J!.; I Ii I ~ ~ ~. ~~? ..~ ~~~ i! - II . I~ l'--rr;]j! I; I ~ , i , t, ~ ~ i~ , ~ II~~ ,~ I ,~ I ~ ~ I 'i I ,!II ini,:j!j!ii' +;\ l'lltlll.llll I : /111.1111'111 ' ';i'I" I' l~lqllj, d 'II!;" ,1'1 1"'j'I" Il!l II!" ~i' hi i , II I' " ----"-'"'-"- .~~~-- -~ -~ - ,.,~ ..-... RESOLUTION NO, 06 -_ 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 98-49 KNOWN AS THE MAGNOLIA POND PUD. EXTENDING THE CURRENT POD ZONING TO JUNE 9, 2007, Agenda Item No 8A February 14, 2, 06 Page 21 96 WHEREAS, the Magnolia Pond pun Zoning District, adopted on June 9, 1998, by the Collier County Board of County Commissioners as Ordinance Number 98.49 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 pun Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners extended the Magnolia Pond PUD to June 9, 2005, by Resolution Number 2004-284 on September 21, 2004; and WHEREAS, the Board of County Commissioners has reviewed the pun and has detennined it is appropriate to extend effectiveness of the PUD Zoning for two (2) years, until June 9,2007. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA. lhal: 1. The above recitals are true and correct, and are adopted herein by reference as if fully set forth herein. 2. This Resolution constitutes evidence of compliance with the review requirements of LDC Section 10.02.13.0. 3. Pursuant to said Section of the LDC, the current pun approval is hereby extended to June 9, 2007 at the end of which time the owner shall have exhausted all PUD time frame extensions pursuant to the LDC, the property owner shall then amend the PUD Ordinance in compliance with the LOC procedures in effect at that time. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. This Resolution shall become immediately effective upon adoption. Done this day of ,2006, ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: FRANK HALAS. CHAIRMAN Ap roved as to fo I I ufficiency: Page I of 1 . PUDEX-2005-AR_7824 PROJECT #19990108 DATE: 6/]7105 0RDI:l':"tIC~ 110. 98- 49 ~ ~ ~:<f! '" ,~ t$:-t;;; ~~O..{+r-~h ,'>I' . A~ ORDINANce AMENDING ORDINANce NUMB~R 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COM~REHENSIVE ZONING R~GULATIONS FOR THE UNINCORPORAT~O AREA Of COLLIER COUNTY, FLORIDA BY AHENDING THE OfFICIAL Z.ONING PoTUS MAP NUMBER 963<1N; at CH.ANGING THE. ZONING CL1'.SSIE"ICATION OF>:- THE HE:.REIN DESCRIBED REAL PROPERTY FROM "AN TO !:7 "PUC" PLA.NNED UNIT DEVELOPMENT KNOWN AS THE ':;.~ MAGNOL!'" POND PLANNED UNIt DtVELO~HENT fOR A ~: HAXIMUM OF 294 HULTI~FAHILY DWELLING UNITS, ~~ LOCA.TED ON THE HORTH SIDE OF INTERSTATE 75, ~ MiiE WEST OF C.R. 951 IN SECTION 34, TOWNSHIP 49 SO~H, RANGE 26 EAST, COLLIER COUNTY, fLORIDA, CONSIStlNfr Of 42,05 ACRES, MORE OR LESS; AND PROVIDING AN EffECTIve DATE. ~ ~ ~ '" ~ 9 '" B,gI:; ."'... WHEREAS, William L. Hoov~r, AICP, of Hoov~r Planninq Shoppe, representing Garrett F. X. B~yrent, petitioned the Board of County Commi,sioners co change the zoning classification of the herein d~scribed real property: NOW, THEREfORE: BE IT ORDAINED by the Board of County Commissionecs of Collier County, florida: ~ stCTION ONE: the zoning classification of the herein described real prope(ty locat~b in Section 34, Township 49 South, Range 26 East, Collier County, florida, is changed from "AN to "PUD" Planned Unit Development in accordance with the Magnolia Pond PUD Document, attached hereto as Exhibit "A" and incorporated by ~eference herein. The Official Zoning Atlas Hap Number 9634N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. stCnON TWO: This Ordinance shall become effective upon filing with the Department of State, PAsseD AND DULY ADOPTED by the Board of County Commissioners of Collier County, rlorida, this ~ day of ]}_o/>o. 199B.. '':'-.. . ~~. ... BO~RO O~ COUNTY COMMISSIONERS COLLIER COUNTY, fLORIDA ", .... "". BY:~~ ~ BA AM B: BE Y. C ai .L ,c, " ..,t<;:: ~~q'ih Cl ,k ".'~".. . gli"l:ura. ~ ~1~,~4 rm!ft S \;."'~}\p roved ..~~1'~ form '. :..~.nd .Leg~r;.'~U'fflcier:c;f . ''''''''''\'':'~';'. In. {k(.,,', '1.t ~ie H. Student Assistant County Attorney tl'UO.'1.\90"'Of......Ctl Thil ordlnar<:. filed ....ith the '}~~l!.tory of 2~~.'I.Jlfie" thy &.;g.,;joyol ~ and ocknow .dg."...nt of that /itj9:r"<:.~"'r thi1 -!1Zf!::. day of .LliL~ By r;.',.,,;.,::: -;/ ","-..c'" ',t- \ , Agenda Item No, SA February 14, 2006 Page !;'2 of 96 .J MAGNOLIA POND PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: GARRETT F. X. BEYRENT 3115 County Road 951 NAPLES, FLORIDA 34116 PREPARED BY: WILLIAM l. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD NORTH, SUITE B NAPLES, FLORIDA 34105 BEAU KEENE, P.E. KEENE ENGINEERING 3785 AIRPORT ROAD NORTH, SUITE D NAPLES, FLORIDA 34105 ANTHONY P. PIRES, JR. WOODWARD, PIRES & LOMBARDO, P.A. 801 LAUREL OAK DRIVE, SUITE 640 NAPLES, FLORIDA 34108 DATE FILED DATE REVISED DATE REVIEWED BY eepe DATE APPROVED BY Bee ORDINANCE NUMBER Agenda Item No, SA February 14, 2006 Page 23 of 96 November 3, 1997 June 15.1998 Mav 21.1998 June 9. 1998 Qj:l_JlO Agenda Item No, 8A February 14, 2006 Page 24 of 96 STA~"~ ,ORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit. Oollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-49 . Which was adopted by the Board af County Commissioners on the 9th day of June, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of June. 1998. ." . :...,,,........,'. DWIGHT E BROCK ':.~' ~..:"~" '~_iyr;/:....:-,., .'~::::. Clerk of' Courts aI)~:~~qik.'i:-k":~.l:I..>~/ -:.~'~.:. Ex-officio ~o ~oa~~{.....:.:.;\,..~.i<,,~:.},~.:,.>:;!.~\ County COnmll.s9~on~ ~B.:.~,".'}\.::i. ':'./;~l ~i!j'~;Jf:. 74 ,': .~:..f~,~r:.; ;;;".:";..: ',: i, (,~";~i:",~ ~: . '- " .i . ".~.'1 ,'" "',- '~'" ~ ~,~";':~,!ff;..f::.'q~;r~.'~ / . : Maureen Kenyon........... 'r "', .',. ," ,: Deputy Clerk ",;,""",:"~:.".,,: ':,.'.,'" , ;;;,: 1 .', '/1~'.r ~,,,,~ ~.~..:,.~ ~;o.< ",....:...,,,,\\ ..;... (!.,.. Agenda Item No, 8A February 14, 2006 Page 25 of 96 STATEMENT OF COMPLIANCE The development of approximately 42.05:1: acres of property in Collier County, as a Planned Unit Development to be known as Magnolia Pond PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Magnolia Pond PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the developmenrs residential density as described in Objective 2 of the Future land Use Element. I 2, The project development is compatible and complimentary to surrounding land uses as required in Policy 5,4 of the Future land Use Element. 3, Improvements are planned to be in compliance with applicable sections of the Collier County land Development Code as set forth in Objective 3 of the Future land Use Element. 4, The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3,1.l of the Future land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objecti~e 1,5 of the Drainage Sub-E:iement of the Public Facilities Element. 6. The project is located within the Urban Residential Mixed Use District and the Residential Density Band around the C,R. 951 - Interstate 75 Activity Center, on the Future Land Use Map. The density of 5,49 dwelling units per aCt8 is in compliance with the Future land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Activity Center Density Band Maximum Permitted Density " dwelling units/acre +3 dwellina units/acre 7 dwelling units/acre 7. All final local development orders for this project are subject to Division 3,15, Adequate Public Facilities, of the Collier County land Development Code. Agenda Item No, SA February 14, 2006 Page 26 of 96 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property. and to describe the existing conditions of the property proposed to be developed under the project name of Magnolia Pond PUD. 1.2 LEGAL DESCRIPTION The subject property being 42.05:10 acres, and located in Section 34, Township 49 South. Range 26 East, and as described on Exhibit 'G': 1,3 PROPERTY OWNERSHIP ~ The subject property is owned or under contract to purchase by: -"\E:~'YL lrt, t3..rz.-z...e;:sKI I '""Ire. '. S""/4-~ .se-~\-1o:":"~€ ","VE:. Nt\~l.E=~ FL..u~\D^ '"3.1.,;-103.,. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the- north side of Interstate 75, one-half mile west of C.R. 951 (unincorporated Collier County), Florida. B, The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1,5 PHYSICAL DESCRIPTION The project site is located within the Main Golden Gate Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Golden Gate Canal, located north of the project. The peak discharge rate from the design stOITTl will be limned to 0.15 cubic feet per second/aern per Collier County Ordinance No. 90-10. Natural ground elevation is approximately 10.8 NGVD The entire sUe Is located within FEMA Flood Zone 'X' with no base flood elevation specified, The water management system for the project proposes the. construction of a perimeter belTTl with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the Main Golden Gate Canal. 2 Agenda Item No. 8A February 14. 2006 Page 27 of 96 Per Collier County Soli Legend. dated January 1990, there are two predominate types of soil found within the limits of the property: #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists primarily of pine-palmetto flatwoods. Cabbage palm hammocks and cypress trees also exist on-site. 1.6 PROJECT DESCRIPTION The Magnolia Pond PUD is a project composed of a maximum of 231 residential units. These residential units are projected to be developed as: villas, coach homes, carriage homes, or condominiums. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious witff one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation. whenever feasible, 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Magnolia Pond Planned Unit Development Ordinance", ] Agenda Item No, 8A February 14, 2006 Page 28 of 96 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2,1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2,2 GENERAL I A. Regulations for development of the Magnolia Pond f'UD shall be in accordance with the contents of this document, PUD - Planned Unit Development Districl and other applicable sections and parts of the Collier County land Development Code and Growth ManagelJlent Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excav,ation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards. then the provisions of the most similar district in the land Development Code shall apply. B, Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County land Development Code in effect at the time of building permit epplication. C. All conditions Imposed and graphic material presented deplctlng restrictions for the development of the Magnolia Pond PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect, E, Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3,15 Adequate Public Facilities of the Collier County land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development 4 Agenda Item N I. 8A February 14, ~006 Page 29 if 96 2,3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 231 dwelling units shall be constructed in the residential areas of the project. The gross project area is 42,Q5:l: acres, The gross project density shail be a maximum of 5.49 units per acre, 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A, The general configuration of the land uses are illustrated graphicaily on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan, Any division of the property and the development of the land shail be in compliance with the PUD Master Plan, Division 3,2 Subdivisions of the land Development Code, and the platting laws of the State of Florida, B. The provisions of Division 3,3, Site Development Plans of the land Development Code, when applicable, shall apply to the develllpment of ail platted tracts, or parcels of land as provided in said Division 3,3 prior to the issuance of a building permit or other development order. C, Appropriate ,instruments wiil be provided at the time of infrastructural improvements regarding any dedications to Coilier County and the methodology for providing perpetual maintenance of common facilities, 2,5 MODEL UNITS AND SALES FACILITIES A, In conjunction with the promotion of the development, residential units may be designated as models, Such model units shail be governed by Section 2,6,33.4 of the Coilier County land Development Code, B, Tamporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to tha other requirements of Section 2,6,33,3 of the land Development Code. 2,6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen matarial and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted, Off-site disposal is also hereby permitted subject to the foil owing conditions, < A. Excavation activities shail comply with the definition of a 'Development Excavation' pursuant to Section 3.5,5,1.3 of the land Development Code, l Agenda Item No. 8A February 14, 2006 Page 30 of 96 whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the land Development Code shall apply. 6 --- Agenda Item No. 8A February 14, 2006 Page 31 of 96 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3,2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall b~1 units. I ~ 3,3 PERMITTED USES No building, structure or part thereof, shall be erected. allered or used, or land used, in whole or part, for other than the following: A Pennitted Principal Uses and Structures: 1, Sing ie-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes, 3, Multi-family dwellings (includes townhouses. garden apartments, villas, coach homes, and carriage homes), B. Pennitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses end facilities Including swimming pools, tennis courts, volley bell courts, 'children's' playground areas, tot lots. boat docks, walking paths, picnic areas, recreation buildings, verandahs, and baskelbalVshuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, 4. Gatehouse. 7 --- Agenda Ilem No. SA February 14, 2006 Page 32 of 96 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Development Services Director. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Magnolia Pond. Front yard setbacks in Table I shall be measured as follows: 1. If, the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted privata drive, the setback is measured from the back of curb or edge of pavement.,.,!f the parcel is served by a platted private drive, tile setback is measured from the road easement or property line. (a) . Carports are permitted within parl<ing areas. (b) Garages are permitted at the edge ofvehicular pavement. B. Off-Street Parkinq and Loadinq ReQuirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. s TABLE I .Agenda Item No. SA February 14. 2006 Page 33 of 96 STANDARDS RESIDENTIAL DEVELOPMENT STANDARDS SINGLE-FAMILY Minimum Lot Area 7,500 Sq. Ft. (per unit) Minimum Lot Width 60'Interior Lots (1) Front Yard Setback Side Yard Setback Rear Yard Setback:' Principal Structure Accessory Structure PUD Boundary Set- back: Principal Structure Accessory Structure Lake Setback Natural Habitat Pre- serve Area Setback Distance Batween Principal Structures Distance Between Accessory Structure Maximum Height: Principal Building Accessory Building Minimum Floor Area 70' Comer Lots I 25' 0' & 10' or both 5' 20' 10' NA NA 20' 25' NA 10' 35' and 2 stories 20'/Clubhouse 35' 1200 Sq. Ft. Minimum carport or 2 car garage garage per unit TWO-FAMILY 5,000 Sq. Ft. 90' Interior Lots (1) (45')(2) 110' Comer Lots (55')(2) 20' 0' & 10' or both 5' 20' 10' NA NA 20' 25' NA 10' 35' and 2 stories 20'/Clubhouse 35' 1100 Sq. Ft. 1 car garage MULTI-FAMILY 4,000 Sq. Ft. NA NA NA NA NA NA ~ 20' (3) 10' 20' 25' One-half the sum of the heights. 10' 36' and 3 stories 20'/Clubhouse 35' 1 bedroom = 650 Sq. Ft. 12 Bedroom = 900 Sq .FlI3 Bed- room = 1050 Sq. Ft. 1 carport space or 1 car garage (1) May be reduced on cul-<le-sac lots. (2) Minimum lot frontage in parenthesis applies In cases where a dwelling untt In s 2- family structure Is on an Individually platted lot. (3) Three-story buildings shall be set back a minimum of three hundred feet from the Golden Gate Canal right~f-way and one hundred feet from Interstate 75 right-of-way. 9 Agenda Item No. SA February 14. 2006 Page 34 of 96 C. Open Soace/Natural Habitat Preserve Area Reouirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Coda, shall be provided on-site. 2. A minimum of twenty-five (25) percent of the viabla naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. , D. Landscapinq and BufferinQ Requirements: 1. A berm, wall, fence, or combination thereof, shall be provided by the developer adjacent to the southern PUD boundary along the Interstate 75 right-of-way, except where wetland preserve areas are proposed adjacent to Interstate 75. Such buffer, shall be provided prior to the issuance of Certificates of Occupancy for any permanent residential structures in that phase. Such screening shall have a height of between three and one-half (3.5) and seven (7) feet above the elevation of the nearest westbound travel lane of Inte,,;tate 75. Such. buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize security and minimize Impacts on existing trees, walls or fences shall not exceed more than eight (6) feet in height of any bermlwall or bennlfenC6 combination. 2. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserv~ areas. 3. Where two separate two-famlly or multi-family projects wI1hln the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified srchltecturaltheme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family or two-family project withln the PUD abuts a multi-family project within the PUD, a ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material 10 Agenda Item No. SA February 14,2006 Page 35 of 96 Standards and Installation Standards, of the Land Development Code. E. Architectural Standards 1. All buildings, lighting, slgnage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall Include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fenceslwalls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco e~cept for decorative trim. Within any multi-family project all roofs, e~cept for carports, . shall be peaked and finished in tile or metal. Within any single- family or two-family project all roofs, e~cept for carports, shall be peaked and finished in tile, metal, or architeclurally-<lesigned ~ shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fildures shown on Exhibits 'C' or'D'. F. Slqns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, e~cept as described in the following instances. 1. Up to two (2) ground or wail-signa shall be permitted at the main entrance to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 42.05:l:-acre PUD project, names of Individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown In Exhibits 'E' or 'F' and architecturally compatible with the unified architectural theme of the entire PUD (as described In Section 3AE. at this PUD Document). Said ground or wall slgn(s) shall not e~ceed a combined area of sixty-four (64) square feet, and shall not e~ceed the height or length of the wall upon which it is located. 11 I Agenda Item No. SA February 14, 2006 Page 36 of 96 2. A ground sign shall be permitted along the southern PUD boundary. Such sign shall contain only the name of the entire 42.05;1,-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusiva of landscaping, such ground sign shall not exceed an area of twenty-four (24) square feel. '" 12 Agenda Item 'No. SA February 14. 2006 Page 37 of 96 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole"or part, for other than the following: A. Permitted Princioal Uses and Structures: 1. Passive recreational areas including recreational shelters. ,," 2. Biking, hiking, and nature trails, and boardwalks. 3. Golf cart pathways and boardwalks. 4. Water management facilities and essential services. 5. Native preserves and wildlife sanctuaries. 6. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, after the appropriate environmental review. 7. Any other use comparable in nature and deemed compatible by the Development Services Director. II "'~'"""""'W~",~_~"-,",.,", Agenda Item No. SA February 14, 2006 Page 3S of 96 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities 'shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes; and regulations applicable to this PUD, In effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case .may be. Except where specifically noted or stated otherwise,.the standards and specifications of the official County Land Development Code shall apply to this project even If the land within the PUD is not to be platted. The developer, his successor and assigns. shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the pun Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibtt "A", PUD Master Plan illustrates the proposed development and is conceptual In nature. Proposed area, lot or land usa boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provialona of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other Instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common ereas In the project. 14 Agenda Item No. 8A February 14, 2006 Page 39 of 96 5.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be govemed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. MonitorinQ Reoort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted fOl:...development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. C. Prior to SDP approval a FDOT "Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. D. The project shall utilize internal loop roads whenever feasible and shall eliminate dead-end roads whenever possible. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. B. A ccpy of the approval of lhe SFWMD Right of Way and Discharge Permit for outfall into the Golden Gate Canal shall be submitted prior to Final SOP approval. IS , Agenda Item l,o. 8A February 1 J, 2006 Page 4? 01 96 i C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. In the event Collier County is unsuccessful in obtaining a 36' drainage easement and a 15' maintenance travelway easement from the owners of the properties located east of and abutting Magnolia Pond, Collier County shall require the Magnolia Pond developer to clear the vegetation and level t~ spoil material from the existing 25' easement located along Magnolia Pond's eastern property line to provide a maintenance travelway easement. All buffers shall be located outside the maintenance travelway. All cut stumps shall be treated with an appropriate herbicide to prevent reilrowth. ~ F. Petitioner must obtain permission from property owners abutting the north side of access road to place roadway fill (side slopes) on their property. G. Authorization from Collier County and FDOT must be obtained prior to constructing culverts under the access road for conveying 1-75 runoff and runoff from south of 1-75. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. 5.6 TRAFFIC A. The applicant shall be responsible for the Installation of arterial level street lighting at all project entrances and at the intersection of Access Road No.2 and C.R. 951, unless previously provided by one of the other property owners also utilizing such access road. Installation shall be In place prior to the issuance of any certificates of occupancy. B. Access Road No.2 shall be brought up to County standards with respect to grading, paving and drainage. This W'OrI< shall be the responsibility of 16 Agenda Item No. SA February 14, 2006 Page 41 of 96 the developer and shall be in place prior to the issuance of any certificates of occupancy. All improvements shall extend westerly 10 Ihe project's western property boundary. C. Access Road No.2 onto C.R. 951 is subject to both FDOT and County access management standards. Any existing median openings in C.R. 951 may be modified at any time, which could include directional access or closure by either FDOT or Collier County. Any existing median opening shall not vest any right in the applicant such that Collier County or FDOT may be liable for any damages due to median modifications in the future. D. Substantial competent evidence shall be provided by tile developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. ~ E. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. . F. In the event that: L) the Board of County Commissioners requires the interconnection of the internal roadway system of the Golden Gate Health Park PUD to the existing Access Road No.2; and, iL) the developer of the Golden Gate Health Center PUD provides a route over said internal roadway system of the Golden Gate Health Park PUD for the Magnolia Pond project to and from a traffic signal at the intersection of said intemal roadway system and C.R. 951, as shown on the County's Access Management Plan, then the developer of Magnolia Pond shall be required to make a fair share contribution to cover tile cost of the design and construction of such route over said Intemal roadway system. The fair share calculation shall be based upon the projected traffic generation of this project that will utilize such route over said internal roadway system of the Golden Gate Health Park PUD. The develope~s fair share shall be based upon a reasonable and pro-rata share Magnolia Pond's weekday daily traffic generation rate in relation to the total weekday daily traffic generation rate utilizing such route over said intemal roadway. which shall include at a minimum the traffic generation from Frank Homan's 74-acres abutting on the south side of Access Road #2 and traffic from the Golden Gate Health Park PUD. All projects' weekday daily traffic generation rates shall be computed based on their respective maximum permitted land uses as approved within their 17 ! Agenda Item 'No. SA February 14, 2006 Page 42 of 96 respective PUDs and with trip distribution as shown on their most recently submitted and approved TIS by Collier County Transportation Services. The developer of the Magnolia Pond PUD shall pay its fair share of the costs of the route over said internal roadway system. Said fair share amount shall be limited to a maximum length of 2200 feet of roadway based on the centerline of this roadway. The cost of this shared roadway shall include: costs of permitting, engineering, surveying, application fees, and construction of the roadway pavement, sidewalks, drainage facilities, traffic signal and turn lanes along C.R. 951, land costs (witll the contribution by Magnolia Pond developer not to exceed $25,000.), and.. landscaping (with a maximum landscaping budget of $10,000.). Prior to construction, the engineer for Golden Gate Health Park PUD shall provide the designated engineer for Magnolia Pond PUD with a compiete cost breakdown showing that design and permitting costs are independent of those for the remainder of Golden Gate Health Park PUD. The cost of this shared roadway shall not include: the cost of utility design and construction, extraordinary design/permitting/ construction 'Costs, or other costs that cannot be shown to have a direct benefit to the Magnoiia Pond PUD, such as internal turn lanes serving only the Golden Gate Health Park PUD. 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL . A. Environmental permitting shall be in eccordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements ono-all construction plans and shall be recorded on the plat \Yith protective co"enants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County land Development Code. 18 Agenda Item No. 8A February 14, 2006 Page 43 of 96 ill !1";!I';!":!";;!'~;!'I'!'l;! i .i! " II' II' !', Ill' II' II- I' i ' !' . , . , 'I' . l' I' I , II; ; ~,l ~,l I ; ~"l ,I ,. ~ :& H I~s l'Is ;:"i'" l'tl'S 'IS 1'1; . I!! i il,; ill; 'il ill': II; I' !,; JUI II; h h Ig $)( ~ .... =$ I ~I ~i Qi)t 5'>$ IIi I' , Ii: . j; j; j; j;; I; .i i; !! I If fl .1 dl i' i, d ~ 5. . i . S . ~ Ii i'l ~'S / ~~~ ~~ I ! ! in ! ! ' ~nV ; . .. . . . 'lIlli, I ~ 'I /(f~ ' " . " ... "'{if ~ ~ '"<j ! 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I" ~m ~nf N z l j; I' " I _ 'v ~!~ -'--." ~~.I:'M , c.uty D[YRr~T MAGHOllA POtI) pue I....STER PL.A~ EXHIBIT",,' EENE ENGINEERJN , . III !11':!I':!I';!I';;!I.:!ll'!I~;! I 1 ':1 Ii 'I' 'I' ~,. 'II' 'I' 'I- I' I " I: . ~ . ~ ll'" A: C l: i ~ A .' ~ t.ft t.t l . t__~ _ ~s Q . II' -II's I" 'I"s s_ "S-; , ~Ii '.. .'\ _'Il;~ i~Q "a, 'Il;~ 1.1:'" i I:! I :il' ii,' :~ iii'" ii' !I !: Ii.! ,'" ~> 'I.>. . .S Ii III as 6s "s 6'.iS II;'} " S Ii , j: j; j: i:; ,; .i j: ,I I II II .J ill " is II a . s . 'S . 'loi Is I" -i Agenda Item No. SA February 14, 2006 Page 44 of 96 ; I' ~li!II111 ~W ~ .1 II ~~~~ . I ~*e"'~ ~! ~ ~im I~I~ ~ I: a i~~ In " II on " < c~~~ I ~t~S/' l'i...3:" ~ '~;. ~~ ; t:. \' '~ .,; ,tU 8fl:: .~ / ~ . .- I , ~~ I 11 - I - I II ~~~ ': I: : )i .... . I , '-:. II ' il ~ / ~. f' ~~ r," ~i / j.. ,~b 0' 1 :: 0' ~j t '/ :c-:.',,:'- I -\_ I - _no< . . ' 'I J .-:' '-:' I :: I; 'e I · "~<~I 1'.-:'11:-:. : I I .}. I. "~ "', ~~ ,.,'....... .....,....... '....'...'....' ~t~ .11 ~! ~ / ,I :::_-:_-:_~_:,,::;;:_'---'---- ~I----- - ~-;~~-;----::ijt:::::: .. I II ~!-.':':i?:o; ;1 [:;'J D" I . 'j,1 ~H~~ i ~ :- ~~" I ;l~ ~ ~ i.~ I ~r- i! m ~ i ~ !~~ ~;h ; IIi! ~ g ~ ' I I; :l~ s;: i ~ Ii f I IPi~ ~ . . ' Ii U t~1 ~ ~ ~ swr RCIJb S_9ll (II){]' fl/Wl _CJl ~\ I 111 a~ Ii CARY llEYflt:NT , MAGNOLIA POND CO"Cll"fU.t...rU "'l..,aw...T .. llTllJTY ~,.... UIIWIT "10. It ~ ~. ~~~ ""~ ~~~ I i ~ I ~ \ i. ' ~ ~ ~~ il 11 I I ~ I~~ ~.. I ,~ I 101 .. '! II: ini!:ijjl;i I l' ~ \ 1'lltlll.ll,1 \ : 1111'111"\1 ' I . 'I" I ' .rb I". . I:r!rll'r! .. 1111,."l'l "'jllll Ill! 1\ I'; ',"!II I , EENE ENGJNEERNG ~~~~.::...':"" ..-.., !' .\: I i ~ ! ~: J - { DEPrCTION or !IRel III HI Ille.II!.\' Il!.SI"NED POLE UGI-rrING Agenda Item No. SA February 14, 2006 Page 45 of 96 Agenda Item No. SA February 14. 2006 . ' Page 46 of 96 E.\! il!:;' j) DEPICTION OF ARCHlTECTUJ\ \1 1.\ I )I.:SIGNED POLE L1GUTING '. . I; ""'{~\~.J!'~"" . \}.~{tI:!;i~~~;.:;J~ . !'y',.~~"1;...,~.~;.,..': ; '~~~i+Ji~~~:~'..: ~ ~".:.I~~."!:'J.\, ..~) .~.:.:;::; " ,"I..~.~J':"',..._~._, :U~ftt!~l(:~ 4 ~~r~~i;; . '"t:-.c:...:...." ~1~~i~;f~F " /-, .) '",-I",' .:,;.:.\1 " "-;,,-..,<". /~ :~~ ~~~~~~;I):~.: .. ..' ,.... ..;:~..' :r::.:~;.::' .~'. ~:_. . ~1~;t;~~tf~::t~~;I:'. J.")"J . \ II lIT "E" fli )1" 1)/ J 1, " 'f . _ ~.. _ c____c~"'~'-: ~~,.. J;, ~UOOBON ' ~;&;.J'.' "_. ClJU .~...- ," . "'_ '" .. .. """"". I ,;.. r'~ - ' ,'r' .~;,., (""~ .. : -. p.,,) '"~::' ..tY " u' ,." ~".' . .~. . ._-,...; '~. , -,' ,t~~'fjTlfJf,i;{i;,,'i'."; '~,~;. . ~~--"......--- ~'-- Agenda Item N February 14 o. SA P , 2006 age 47 of 96 E.\llIllIT --I"" I lI'I'W/"I!JN OF PROJECT ENTK Y SI< iN , fr~~!f~~~?e:~}:f.;~X::l;~ Agenda Item No. SA February 14, 2006 Page 4S of 96 I I I I I I I I I I I I I I I I I I I fliElll!}) Agenda Item No. SA February 14, 2006 Page 49 of 96 TRAFFIC IMPACT STATEMENT FOR MAGNOLIA POND PUD (PROJECT NO. 050513) PREPARED BY: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919-4489 239-278-3090 June 7, 2005 -=:::-, - '/>IiI>~~';':'~':': -:'. ',/ , - '" -. , .' . r:hz;. - : .. . . nL":lI_'OU' : ~ - -keid CcFellows,P.E. . License No. &i673 Exhibit E I r- I I I I I I I ~ I I I I I I I . I [;genda Ilern No. SA February 14, 2006 Page 50 of 96 rtJaGiDJ CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROJECTED CONCURRENCY AND LEVEL OF SERVICE VIII. CONCLUSION I I I I I I I I I I I I I I I I I I I r lu.3 [i{!)) Agenda Item No. S.A February 14. 2006 Page 51 of 96 I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for the proposed PUD extension for the Magnolia Pond PUD. The site is located to the west of Collier Boulevard just to the north of its intersection with 1-75 in Collier County, Florida. The site location is illustrated on Figure 1. The existing Magnolia Pond PUD allows for the construction of 294 multi-family dwelling units. Access to the site is currently pennitted via a single access point to Collier Boulevard. This report examines the impact of the development on the surrounding roadways and intersections. Trip generation and assignments to the various site access drives will be completed and analysis conducted to detennine the impacts of the development on the surrounding intersections. II. EXISTING CONDITIONS The subject site is currently vacant. The site is bordered to the north by a canal in addition to residential development. To the west, the site is bordered by Golden Gate High School. On the southern property boundary, the subject site is bordered by the 1-75 right-of-way. To the east, the site is bordered by the Golden Gate Commerce Park PUD and the Collier Boulevard Mixed Use Commerce Center PUD. Collier Boulevard is a four-lane divided arterial roadway to the east of the subject site. Collier Boulevard has a posted speed limit of 50 mph and is under the jurisdiction of Collier County. The Level of Service Standard on the section of Collier Boulevard from Collier Boulevard to Wilson Boulevard is LOS "D", or 2,260 vehicles. The intersection of Magnolia Pond Drive and Collier Boulevard functions under signalized conditions. Page 1 I lJ- I I I I I I I [-- I I I I I I I I I ~"' - ~ ~~''''.,., . ~ ~ jl,..... 10I ,....._, ~ ji ~ ~ .. ~ .t ,...a w il i!.?l ~ 19'."$1>0':< if r ~t ,i t I _ -\Jl !-"lI: LE~""Y: IlItl GAffE i II 10,0. 1\; I~ ~~ ~ ~\ I lI_.'w I~ "5 ,~~~ i I~ f ~ ,~.~ ~ i "'~ ". ... d ~ ! .~_ iuorl '41 AvSW ~ ,.....-- ~ enmo""'", ~ 1'= =l1~t., - l:l ~" . ~a~~~ ~~~ '~ ~ Th"~ :t~ .. <t, \1 ~ "7..,~ ~~. ~.n. 1!}" ~EN p-",~", ~~Y7 II! ~~ ~ ~/ ..A'ir"~' ~ ~ ~ ". ~ ~ #06'Y\' fit ~ ,"". y#~-,~, ~".1;, ~ .. ~ ,~~ ~ l1_U~~~CT ~~2"~_ ~ ~ s ~I I ,,,,, sw ~ ~.. "1:1." ._..0 . ) Ct. 0 / >- <_'heln 3 116 o ,~ ,...... ~ ~.. ~HI\~ · ~ ...-.. 5tarGnHLn 1"" TH 9 i '" on ~I.U" If o "- ~..... .... 11 ~. .a-..- ~~l~r> ) 1''' :s31 ~ .'RE ~fZ ~:'jd d ES ...... ~~ ~ ~ .."" """" ~ B-~' ~ U ES ~: COM i1c";.. ._..~ it. EN J:5HO :\"4," .,... A..." 1IElI0N f"t<' ~.... ..... '"'- .. " '" ~ ~",;~ ~I ~~ ~ASl ~y ~ ~lANTAnON 'wI .: - t.l.1\ ~ ::: n: R' .~" ~ t (~nt1yside ~f& Count ..... " CIUb_""ri' ~~ . I \. 4. r f1ETFI 0) ~iTO~U UfI'lII ~ eDruafi/14, ~UUt> "' ,,",.'" ~ U1 ~II il.. u ..9-s1il of 96 ~~ :1."'-_ ~ . r'; ~~<t';;::~ ..iI. ~ * .....sw , ~ t):. W E l ~~20dl1'!~ ,I. :~.~." S ~ ~ ' _. fl i tiLl- :L t- N.T.S. ....,_. ~ ~N I ,,"'.sw I!l~.. s" CTll 'I of :;J '" j, sw . Quality tnn ~ _ ~ Go/f& Country - Club Golde i o qlXl ,.... ~.. Gate ~ ,..... 15 ~~j!!!J"" '[ 25lilAvSW ~ l- i 171U,l/iI 26,,,,, ,....... """ It p sw ~m" ,,~ - ;ILl! !1: . . . "" "" ,,- Saffu_ ~ '" .. ,-~ ~RdNal \ III: "- ~~, 3 <:lIJ,w81...t 35 j~ ... r-- ....- ~ P'Iw Iflt. "'". PALM ,~~'.. SPRINGS * T 49 s':'1 t ~T7 / rou..GATf ............ ~ ~ cot:~ffRcr ...... ~, *~.: ~ f 15 < il 3 .'G.".IY~~ FOM n J 111' ) CEDAR HAMMDCX ~: ?~ ,~/ I!li ~... PROJECT LOCATION MAP MAGNOLIA POND PUD Figure 1 I I I I I I I I I I I I I I I I I I I lllElil!)) Agenda Item No. SA February 14, 2006 Page 53 of 96 Ill. PROPOSED DEVELOPMENT The approved Magnolia Pond PUD allows for the development of 294 multi-family dwelling units within Collier County. Table 1 summarizes the land use utilized for trip generation purposes for the subject development. ." LandUsll, .. , $~ . Residential Condominium! Townhouse 294 dwelling units (we 230) Table 1 Magnolia Pond PUD Land Uses Access to the subject site is currently provided via Magnolia Pond Drive. However, as a part of the City Gate Commercial Development on the east side of Collier Boulevard, the County is proposing the elimination of the traffic signal on Collier Boulevard at Magnolia Pond Drive. A new driveway connection will allow the Magnolia Pond PUD access to the proposed signal at City Gate Boulevard approximately 300 feet to the south of the canal along the northern property boundary. The existing Magnolia Pond Drive will likely be reduced to right-in/right-out turning movements. IV. TRIP GENERATION The trip generation for the proposed PUD extension was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7'h Edition. The trip generation calculations were performed based on Land Use Code 230 (Residential CondominiumfTownhouse) for the residential use. The equations for this land use are contained in the Appendix of this report for reference. Table 2 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the approved Magnolia Pond PUD. The daily trip generation is also indicated within Table 2. Page 3 I r- I I I I I I I l I I I I I I I . I Agenda Item No. SA February 14, 2006 Page 54 of 96 r lu.3 Ill!)) Table 2 Trip Generation M r P d PUD al!DO la on ... " 'W~kd. ' A..M.RlIllkH()Ilt' -,:W~kda P.M~'PeakH"llr . naily . . Land.Use" , In', , Out . "I" tar ":111 '.< -auf..... Total (2~wav) .:'.0 . ., Multi-Family 20 100 120 100 45 145 1,605 (294 dwelling units) V. TRIP DISTRIBUTION The trips shown in Table 2 were then assigned to the surrounding roadway system based upon the anticipated routes the drivers will utilize to approach the site. The total trips shown in Table 2 were assigned to Magnolia Pond Drive based on the existing access scenario. The access revisions proposed as a part of the City Gate Commercial site to the east of Collier Boulevard will be reviewed at the SDP phases when the roadway plans for the improvements are finalized. The project distribution utilized for the Magnolia Pond PUD was formulated based upon the proximity of 1-75 and commercial uses within the vicinity of the subject site. The project distribution for the proposed development is indicated in Figure 2. Based upon the traffic distribution indicated within Figure 2, the project traffic was distributed to Magnolia Pond Drive. Figure 3 indicates the site traffic assignment for the Magnolia Pond PUD. VI. FUTURE TRAFFIC CONDITIONS In order to determine which roadway segments surrounding the site will be significantly impacted, Table lA, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 3%-3%-5% Significance Test. Therefore, the project traffic was compared with the Capacity for Peak Hour - Peak Direction traffic conditions as defined by the most recent Collier County Concurrency Spreadsheet. A copy of the most recent Collier County Concurrency Spreadsheet is attached in the Appendix of this report for reference. Based on the information contained within Table lA, only Collier Boulevard to the south of Psge 4 I I I I I I I I I I I I I I I I I I I ,- ';..iU n.:;.;; , '\Iv. February 14, 2006 Page 55 of 96 + 25% + +5%+ Cl a: :; ~ + o 30% ~ + LU :::i ...J o o 1-75 '" on o on o u. + /70% + RADIO ROAD + 40%____ + ...5%.... Cl a: :; LU ...J ::l o co i? 4: co a: <( co ~ Z <( en + 10% + LEGEND +20%+ PERCENT DISTRIBUTION f fTElFI D) PROJECT TRAFFIC DISTRIBUTION MAGNOLIA POND PUD Figure 2 I r- I I I I I I I ~ .n o '" o r' W- I I I I I I I . I fl1EJMD) ..... ~ " ~ . February 14. 2006 Page 56 of 96 S tl. ll> : MAGNOLIA ~ POND ROAD 4. ~ . (15)30-' ll> ~ (30) 70 ~ S t:. Cl a:: <l: (;j ..J ~ o co a:: uJ ::; ..J o U LEGEND + 000 WEEKDAY AM PEAK HOUR TRAFFIC +(000) WEEKDAY PM PEAK HOUR TRAFFIC _ INDICATES LESS THAN 5 TRIPS SITE TRAFFIC ASSIGNMENT MAGNOLIA POND PUD Figure 3 I I I I I I I I I I I I I I I I I I I Agenda Item No. SA February 14. 2006 Page 57 of 96 1u.3 fil!)) Magnolia Pond Drive will be significantly impacted in accordance with the Collier County 3%-3%-5% Significance Test. Therefore, Level of Service link analysis will be required on Collier Boulevard to the north of 1-75 at the SDP phase for the approved PUD. In addition to the significant impact criteria, Table I A also includes a concurrency analysis on the Collier County Roadway network. The current remaining capacity indicated within Table IA was taken from the Collier County Concurrency Management System online at the interactive GIS map. The project traffic was then subtracted from the remaining trips in order to obtain determine the remaining capacity after the Magnolia Pond PUD traffic is added to the surrounding roadway network. It should be noted that a Concurrency analysis isn't required in order to obtain extension of the Magnolia Pond PUD. However, a Concurrency analysis will be required in order to receive an SDP for the PUD. VII. PROJECTED CONCURRENCY AND LEVEL OF SERVICE Based upon the information contained within Table 1 A, sufficient capacity will be available on Collier Boulevard roadway Magnolia Pond PUD traffic. As can be seen within Table 1 A, there is currently available capacity on Collier Boulevard after the addition of the traffic associated with the approved Magnolia Pond PUD. However, the Collier County Concurrency Management System changes with the approval of every SDP in the area of the subject site. Therefore, while there are currently no concurrency concerns on Collier Boulevard, it is impossible to project the Concurrency conditions on Collier Boulevard at the time of SOP. Intersection analysis will be required as a result of the SDP submittal when a more definite access scenario is available for the Magnolia Pond PUD. In addition, turn lane warrants will be reviewed at the SDP phase as well in order to account for the new access scenario being proposed by the City Gate Commercial property to the east. Page 7 I r- I I I I I I I I I I I I I I I I I Agenda Item No. SA February 14. 2006 Page 5S of 96 (tu3 rJ!)) VIII. CONCLUSION The extension of the Magnolia Pond PUD to the west of Collier Boulevard just to the north of its intersection with 1-75 within Collier County, Florida will not adversely impact the Collier County roadway network. Although Concurrency analysis isn't required as a part of a PUD extension, the surrounding roadway network was still analyzed based on the most recent Collier County Concurrency Management System. Based upon the analysis contained within this report, only Collier Boulevard to the north of 1-75 is shown to experience significant impact as a result of the trips generated by the approved Magnolia Pond PUD. Collier Boulevard is shown to have sufficient capacity based on the existing traffic conditions. However, Concurrency will be measured at the SDP phase in accordance to the Collier County guidelines. Turn lanes and intersection improvements will be reviewed at the SDP phase when a more specific access scenario is available. \k:\2005\05\ 13\report.doc Page 8 Agenda Item No. SA February 14, 2006 Page 59 of 96 ~ ~ ~ z ~ ~ ~ -< ------------------- Agenda Item No. 8A February 14, 2006 Page 60 of 96 < ,...; \'.oil ~ = < Eo-< ------------------- - - - - - - - - - - - - - - - - - -- Agenda Item No. 8A February 14, 2006 Page 61 of 96 TABLE 1A PEAK HOUR, PEAK DIRECTION 3%-3%-5% SIGNIFICANT IMPACT CRITERIA & CONCURRENCY ANALYSIS TOTAL AM PEAK HOUR PROJECT TRAFFIC '" 120 VPH IN. 20 OUT- 100 TOTAL PM PEAK HOUR PROJECT TRAFFIC. 145 VPH IN= 100 OUT= <5 REMAINING CAPACITY _ PERCENT PROJECT PROJJ CURRENT AFTER IS SUFFICIENT SEGMENT ROADWAY LOS PROJECT TRAFFIC LOS SIGNIFICANT REMAINING PROJECT CAPACITY ROADWAY SEGMENT !Q.! CLASS STANDARD' TRAFFIC AM f!! STANDARD ~ CAPACITY' Il!l f!! AVAILABLE? Collier Boulevard N. of Golden Gate Pkwy 31 "0 3300 25% 25 25 0.8% NO N.c/Site 32 4LD 2260 30% 30 30 1.3% NO 174 ,.. ,.. YES N,ofl-75 32 4CD 2260 70% 70 70 3.1% NO 174 ,0< '0< YES N.ofDavi5Blvd 33 6L0 3090 40% 40 40 1.1% NO S.ofDavis Blvd 34 "0 3270 10% 10 10 0.3% NO Davis Boulevard W.ofCollierBlvd " 2LN 1530 20% 20 20 1.3% NO Golden Gale Pkwy W.ofConierBlvd 22 4L0 1960 5% 5 0.3% NO , The LlNel of Service Sttndard volumes were laketllrom the most reeerrt CollIer County AUIR , The Remaininll Cspacityfore8Ch roadway ink was "'ken lrom 11M! ConCl/fTllIlCy Maoagemllnl System on the CoIlierCounty WlIbsite 1I$ of 511312005 I r- I I I I I I I (- I I I I I I I I I Agenda Item No. SA February 14, 2006 Page 62 of 96 COLLIER COUNTY CONCURRENCY SPREADSHEET - - - - - - - - - - - - - - - ~ge_em MA - February 14, 2006 ConcSegments Page 63 of 96 - - ....~V ~~- _._.~__I -1 __._..1._ _ __.' _.- 1 Airport Road Immokalee Road Vanderbilt Beach Road 2460 40 1S70 342 2212 248 2 Airport Road Vanderbilt Beach Road Pine Ridge Road 3970 6E 2340 4S2 2802 1168 3 Airport Road Pine Ridge Road Golden Gate Parkway 3830 6E 2210 460 2670 1160 4 Airport Road Golden Gate Parkway Radio Road 3230 6E 2620 287 2907 323 5 Airport Road Radio Road Davis Boulevard 4100 6E 2370 263 2633 1467 6 Airport Road Davis Boulevard US41 2580 6E 1930 251 2181 399 7 Bayshore Drive U$41 Thomasson Drive 1950 40 740 45 785 1165 10 County Barn Road Davis Boulevard Rattlesnake Hammock Road 1860 40 690 330 1020 840 11 CR29 US41 Chokoloskee Island 875 20 181 4 185 690 12 Davis Boulevard US41 Airport Road 3420 SE 1950 131 20S1 1339 13 Davis Boulevard Airport Road Lakewood Boulevard 2080 40 1930 116 2046 34 14 Davis Boulevard Lakewood Boulevard County Barn Road 2430 40 1930 239 2169 261 15 Davis Boulevard County Barn Road Santa Barbara Boulevard 2400 40 1860 594 2454 .54 16 Davis Boulevard Santa Barbara Boulevard Collier Boulevard 1530 20 1120 45S 1578 -48 17 Golden Gate Boulevard Collier Boulevard Wilson Boulevard 2350 40 1240 296 1536 812 16 Golden Gate Parkway US41 Goodlette-Frank Road 3180 6E 1200 S7 1287 1893 19 Golden Gate Parkway Goodlette-Frank Road Airport Road 4350 6E 2670 183 2853 1497 20 Golden Gate Paf1(way Airport Road 1-75 4370 8E 2060 206 2266 2101 21 Golden Gate Parkway 1.75 Santa Barbara Boulevard 3730 6E 2070 161 2231 149l 22 Golden Gate Parkway Santa Barbara Boulevard Collier Boulevard 1980 40 1750 209 1959 21 23 Goodlette-Frank Road Immokalee Road Vanderbilt Beach Road 1190 20 630 135 765 425 24 Goodlette-Frank Road Vanderbilt Beach Road Pine Ridge Road 2790 60 1160 161 1321 1469 25 Goodlette-Frank Road Pine Ridge Road Golden Gate Parkway 3420 SE 1460 197 1657 1763 26 Goodlette-Frank Road Golden Gate Parkway US41 3500 6E 1850 109 1959 1541 27 Green Boulevard Santa Barbara Boulevard Collier Boulevard 1040 20 680 47 727 313 29 Gulfshore Drive 111th Avenue Vanderbilt Beadl Road 530 20 250 17 267 263 30 Collier Boulevard Immokalee Road Golden Gate Boulevard 3300 SE 1010 696 1706 1594 31 Collier Boulevard Golden Gate Boulevard Green Blvd 3300 6E 1680 524 2204 1096 32 Collier Boulevard Green Boulevard 1-75 2260 40 1470 616 2086 174 33 Collier Boulevard 1.75 Davis Boulevard 3690 6E 3300 504 3804 -114 34 Collier Boulevard Davis Boulevard Rattlesnake Hammock Road 3270 6E 1850 461 2311 959 35 Collier Boulevard Rattlesnake Hammock Road US 41 3330 6E 1730 392 2122 120S 36 SR 951 US41 Manatee Road 1970 40 1850 329 2179 .209 37 SR 951 Manatee Road Mainsail Dr 2590 40 1510 327 1837 753 39 111thAvenue N. Gulfshore Drive Vandertlilt Drive 7S0 20 350 22 372 38S 40111thAvenueN. Vanderbilt Drive US41 1040 20 770 54 854 186 41 Immokalee Road US41 Airport Road 3030 6E 2000 517 2517 513 42 Immokalee Road Airport Road 1.75 3290 6E 2290 590 2880 410 Page 1 - - - -- - 43 Immokalee Road 1-75 44 Immokalee Road Collier Boulevard 45 Immokalee Road Wilson Boulevard 46 Immokalee Road Oil Well Road 47 Lake Trafford Road West of SR 29 48 Logan Boldevard Vanderbilt Beach Road 49 Logan Boulevard Pine Ridge Road 51 Livingston Road Imperial street 52 Livingston Road lmmokalee Road 53 Livingston Road Vanderbilt Beach Road 54 Livingston Road Pine Ridge Road 55 Livingston Road Golden Gate Parkway 56 N. 1 st Street New Market Road 59 New Market Road Broward Street 61 Camp Keals CR 858 62 Old US 41 Lee County Line 63 Seagate Drive Crayton Road A.4 Pine Ridge Road US 41 Pine Ridge Road Goodlette-Frank Road Pine Ridge Road Shirtey Street 67 Pine Ridge Road Airport Road 68 Pine Ridge Road 1-75 69 Radio Road Airport Road 70 Radio Road Livingston Road 71 Radio Road Santa Barbara Boulevard n Rattlesnake Hammock Roa. US 41 East 73 RaWesnake Hammock ROI' Charlemagne Boulevard 74 Rattlesnake Hammock Roa County Barn Road 75 Rattlesnake Hammock Ros- Polly Avenue 76 Santa Barbara Boulevard Green Boulevard 77 Santa Barbara Boulevard Golden Gate Par1<way 78 Santa Barbara Boulevard Radio Road 80 SR29 US41 81 SR 29 CR S37 82 SR 29 1-75 83 SR 29 CR 85S 84 SR 29 CR 29A South 85SR29 N15thSt 86 SR 29 CR 29A North - -------- ConcSegments CR951 Wilson Boulevard Oil Well Road SR29 SR29 Pine Ridge Road Green Boulevard Immokalee Road Vanderbilt Beach Road Pine Ridge Road Golden Gate Parkway Radio Road Main Street SR29 Immokalee Road US41 US41 Goodlette-Frank Road Shirley Street Airport Road 1-75 Logan Boulevard LIvingston Road Santa Barbara Boulevard Davis Boulevard Charlemagne Boulevard County Bam Road Polly Avenue Collier Boulevard Golden Gate Parkway Radio Road Davis Boulevard CR 837 1-75 CR 858 CR 29A (New Market) N 15thSt CR 29A North SR 82 Page 2 3250 3790 3670 860 875 990 2070 3260 3S90 3890 4000 4000 1000 1010 860 1010 1820 2730 3300 3730 3730 3790 2180 2120 2120 1940 1940 2340 1860 1930 3070 2790 875 875 875 875 1860 875 875 SE 6E 8E 20 20 20 40 60 SE 6E 6E 6E 20 20 20 20 40 6E 6E 6E 6E 6E 40 40 40 40 40 40 40 40 6E 6E 2C 2C 2C 2C 4C 2C 2C -Age~tem f!IIA - February 14, 2006 Page 64 of 96 2130 1100 1280 220 330 430 1220 570 1000 1000 1370 1260 400 430 130 780 930 2010 2760 2760 2800 2190 1300 1560 1250 1180 1010 S20 580 1360 1520 970 130 130 130 480 700 290 540 S9S 614 516 139 34 107 195 150 63 163 267 23S 12 29 145 72 67 183 335 390 620 207 264 172 264 200 191 236 262 159 304 435 1 1 2S 96 102 27 64 302S 1714 1796 359 364 537 1415 720 1063 1163 1637 1498 412 459 275 852 997 2193 3095 3150 3420 2397 1564 1732 1514 1380 1201 1056 842 1519 1824 1405 131 131 158 556 802 317 604 222 2076 1874 501 511 453 655 2540 2827 2727 2363 2502 58S 551 585 15S 623 537 205 580 310 1393 61S 388 606 560 739 1284 1018 411 1246 1385 744 744 717 319 1058 558 271 - - - - - - - - - - - - - - - ~ge_em MA - February 14, 2006 ConcSegments Page 65 of 96 87 SR 29 Hendry County Line SRS2 875 2C 290 8 298 577 88 SR 82 Lee County Une SR29 875 2 C 540 68 608 2S7 89 Tarniami Trail East Four Comers Goodlette-Frank Road 3410 6E 2090 94 2184 1226 90 Tamiaml Trail East Goodlette-Frank Road Davis Boulevard 3850 8E 3500 219 3719 131 91 Tamiami Trail East Davis Boulevard Airport Road 2750 6E 1970 236 2206 544 92 Tamiami Trail East Airport Road Rattlesnake Hammock Road 3200 6 E 2870 424 3294 -94 93 Tamiami Trait East Rattlesnake Hammock Road Triangle Boulevard 3500 6E 1S20 443 2263 1237 94 Tamiaml Trail East Triangle Boulevard Collier Boulevard 3200 6E 1470 449 1919 1281 95 Tamlami Trail East Collier Boulevard San Marco Drive 1075 2C 640 457 1097 .22 96 Tamiaml Trail East San Marco Drive SR29 1075 2 C 270 10 280 795 97 Tamiami Trail East SR29 Dade County line 875 2 C 220 3 223 652 98 Tamiami Trail North Lee County Une Wiggins Pass Road 2400 6 E 1910 163 2073 327 99 Tamiaml Trail North Wiggins Pass Road ImmokaJee Road 3520 6 E 2510 356 2866 654 100 Tamiaml Trail North lmmokalee Road Vanderbilt Beach Road 3370 6 E 2560 369 2929 441 101 Tamiami Trail North Vanderbilt Beach Road Gulf Park Drive 3440 6 E 2490 19S 26S8 752 102 Tamiami Trail North Gulf Park Drive Pine Ridge Road 3550 6E 2800 195 2995 555 103 Tamiami Trail North Pine Ridge Road Solana Road 3410 6 E 3010 104 3114 296 104 Tamiamj Trail North Solana Road Creech Road 3470 6 E 2790 55 2645 625 105 Tamiaml Trail North Creech Road Golden Gate Parkway 3320 6E 2550 57 2607 71' 106 Tamiami Trail North Golden Gate Parkway Central Avenue 3860 6 E 2120 80 2200 166, 107 Tamlami Trail North Central Avenue Goodlette-Frank Road 3880 6E 2180 61 2241 1S39 108 Thomasson Drive Bayshore Drive US 41 East 760 20 400 S9 459 301 109 Vanderbilt Beach Road Gulfshore Drive U$41 1290 2 E 1090 70 1160 130 110 Vanderbilt Beach Road US41 Airport Road 1820 40 1410 244 1654 166 111 Vanderbilt Beach Road Airport Road Logan Boulevard 3540 6E 1440 244 1684 l85S 112 Vanderbilt Beach Road Logan Boulevard Collier Boulevard 3S00 6E 710 212 922 2678 114 Vanderbilt Drive Lee County Line Wiggins Pass Road 1075 20 640 92 732 343 115 Vanderbilt Drive Wiggins Pass Road 111th Avenue 1150 20 670 50 720 430 117 Wiggins Pass Road Vanderbilt Drive US41 1050 20 460 107 567 463 122 Oil Well Road lmmokalee Road Everglades Boulevard 1010 20 530 237 767 243 124 Golden Gate Boulevard Wilson Boulevard Everglades Boulevard 1010 20 740 6 746 264 126 Pine Ridge Road Logan Boulevard Collier Boulevard 2600 40 1240 30 1270 1530 Page 3 I r-- I I I I I I I t I I I I I I I I I Agenda Item No. SA February 14, 2006 Page 66 of 96 COLLIER COUNTY CONCURRENCY MANAGEMENT SYSTEM - GIS PRINT-OUTS I I I I I I I I I I I I I I I I I I I Identify Results FIELD NAME VALUE Road Name Collier Boulevard R~maining Peak HourlPeak Direction 174 Tnps Segment From Green Boulevard Segment To 1-75 . Page I of I Agenda Item No. 01\ February 14, 2006 Page 67 of 96 http://gis.colliergov.netlwebsite/lib/cf common/tablesbelow.cfm?query _ outpuFCollier%20Boulevardl... 6/6/2005 I r- I I I I I I I [ I I I I I I I . I Identify Results FIELD NAME VALUE Road Name Collier Boulevard Re.maining Peak HourlPeak Direction -114 Tnps Segment From 1-75 Segment To Davis Boulevard Page I of I Agenda Item No. SA February 14. 2006 Page 6S of 96 http://gis.colliergov.netlwebsite/lib/cC common/tablesbelow.cfm?query _ output=Collier%20Boulevardl... 6/612005 I I I I I I I I I I I I I I I I I I I IdentifY Results FIELD NAME VALUE Road Name Davis Boulevard Remaining Peak Hour/Peak Direction 0 Trips Segment From Santa Barbara Boulevard Segment To Collier Boulevard Page I of I Agenda Item No. SA February 14, 2006 Page 69 of 96 http://gis.colliergov.net/website/Iib/cf _ commonltablesbelow.cfm?query _ output=Davis%20Boulevardl... 6/612005 I r- I I I I I I I ( I I I I I I I I I IdentifY Results FIELD NAME VALUE Road Name Collier Boulevard Re.maining Peak Hour/Peak Direction 959 Tnps Segment From Davis Boulevard Segment To Rattlesnake Hammock Road Page 1 of I Agenda Item No. llA February 14. 2006 Page 70 of 96 http://gis.colliergov.net/website/lib/cC common/tablesbelow.cfm?query _ output=Collier%20Boulevardl... 6/6/2005 I I I I I I I I I I I I I I I I I I I Agenda Item No. SA February 14, 2006 Page 71 of 96 TRIP GENERATION EQUATIONS I r- I I I I I I I l I I I I I I I I I Agenda Item No. SA February 14, 2006 Page 72 of 96 TRIP GENERATION EQUATIONS MAGNOLIA POND PUD ITE TRIP GENERATION REPORT, 7th EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Daily (2-way) Residential Condominium! Townhouse Ln (T) ~ 0.80 Ln (X) + 0.26 Ln (T) = 0.82 Ln (X) + 0.32 Ln (T) ~ 0.85 Ln (X) + 2.55 ILUC 230) T ~ Trios, X = # of units Agenda Item No. 8A Febru~ 14, 2006 HOOVER PLANNING & DEVELOPMENT. IN\l:-e/30f96 Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B-1, Naples, Florida 34105 PROTECTED SPECIES SURVEY (PSS) Project: MAGNOLIA POND PUD SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST APPROXlMA TEL Y 42.05 ACRES Presented to: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Dated: Revised: November 4, 2005 RY-"SUBMITTAL ~ n~____ PUDEX-2005-AR-7824 PROJECT #19990108 DATE: 11/1S/0S MELISSA ZONE Exhibit i> Agenda Item No. SA Magnclfiii:Nllil' PU02006 Protected SpecfeS\~ff 96 Page 2 INTRODUCTION The purpose of this report is to detail results of a protected species survey conducted on 1he Magnolia Pond parcel in September and October of 2005 by personnel from Hoover Planning & Development, Inc. LOCATION Magnolia Pond is located west of Collier Boulevard and immediately north of 1-75 in Section 34 Township 49 South, Range 26 East, in Collier County, Florida. The parcel is bisected by Magnolia Pond Drive, the access road to the new Golden Gate High School. See attached location map. The parcel totals approximately 42.05 acres. SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This technique is made up of the following steps: First, vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2004) using the Florida Land Use, Cover and Fonus Classification System (FLUCCS). Next, the FLUCCS codes are cross-referenced with a list of protected species (FWC-Florida's Endangered Species, Threatened Species & Species of Special Concern- Official Lists, Publication Date: January 29,2004). A list of protected plant species was obtained from the publication "Notes on Florida's Endangered and Threatened Plants", Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology-Botany Section, Contribution 38, 4th Edition-20m). The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See table I of this report for the species list that applies to this property. With a list of the potential listed plants and animals, each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using belt or meandering transects and lOx 36 binoculars as a means of searching for plants and animals. If necessary, transect integrity is maintained by using a GPS in track mode. In addition, periodic "stop-Iook- listen" and quiet stalking methods are conducted for animals. Signs or sightings of all listed and non-listed species are then recorded. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of gopher tortoise and red-cockaded woodpeckers (RCW). EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were generally in the mid 80's to low 90's. Cloud cover varied from mostly cloudy to full sun. Approximately 19 man-hours were logged on the property during the species survey. Table 3 details dates and times spent in the field. G:\I-IP Projeel Fil~I\JOO'1\l8~EnviroalMlll.1 Aucumenl) l\J89-C73 M1SOOlia Pond pss\Proteefed Spe.cic. SUfW)'cIoe Agenda Item No. SA MagnJllllp~~f(~fg~ Protected SpecIes ~irrvey Page 3 The 42.05 acre Magnolia Pond property is surrounded by development on 3 sides and has the following surrounding land uses: West Golden Gate High School North Golden Gate Canal \ Golden Gate City South Interstate 75 East Undeveloped Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4. Palmetto Prairie, FLUCCS 32/,5.55 Acres This community is found in various patches throughout the property. Canopy contains widely scattered slash pine. Midstory is dominated by often dense saw palmetto. Other vegetation present includes pennyroyal, myrsine, southern sumac, grapevine, poison ivy, and buckthorn. Pine Flatwoods, FLUCCS 4//. 32.46 Acres This community is dominated by slash pine in the canopy and makes up the majority of the site. Midstory includes scattered saw palmetto, myrsine, wax myrtle, and buckthorn. Other vegetation present includes often dense grapevine, cypress, cabbage palm, poison ivy, Caesar's weed, and smilax. Brazilian Peooer, FLUCCS 422, /./7 Acres This community is dominated by extremely dense Brazilian pepper in the canopy and is found in the north of the property, adjacent to the canal. Midstory is also dominated by Brazilian pepper. Other vegetation is very limited due to the density of Brazilian pepper and includes grapevine and swamp fern. Cabbaf!:e Palm. FLUCCS 428.0.9/ Acres This community is dominated by cabbage palm in the canopy. Midstory includes Brazilian pepper, saw palmetto, myrsine, dahoon holly, and scattered oak. Other vegetation present includes grapevine, buckthorn, Caesar's weed, and poison ivy. Disturbed Lands. FLUCCS 740. 0.45 Acres This community is found adjacent to Magnolia Pond Drive. This area appears to have been a former home site and was historically cleared of native vegetation. It has re- vegetated with a variety of plants typical of disturbed sites, such as coast sandspur, Spanish needles, grapevine, and bahia. G\HP Pro;ea FilnIJOO'5\J89-EnvironmeMaI ^_strnents 3\389.(;13 Mqnolia Pond PSS\Pl'\::Jcccted Speeies Survey doe Agenda Item ~<o. SA Magn8llltl1llllrd'1I111,[)'006 Protected Spedi'es\BUiI&ff 96 Psge 4 Roads (MaWlolia Pond Drive), FLUCCS 814, 1.51 Acres Magnolia Pond Drive is the access to Golden Gate High School and bisects the property, cutting it into two parcels (north and south). RESUL TS\DISCUSSION The various protected species which may occur in the corresponding FLUCCS communities are shown in Table I. All animal species observed on the subject parcel are detailed in Table 2. See attached drawing entitled "Magnolia Pond-Protected Species Survey" for representative survey transects and specific locations of sightings. GODher Tortoise (Gopherus polyphemus) Gopher tortoise individuals and gopher tortoise burrows were documented on the property. Twenty-eight (28) active, seven (7) inactive, and twelve (12) abandoned gopher tortoise burrows were documented on the property and flagged in the field. Individual tortoise were observed outside active burrows on several occasions. It is estimated 90 % of potential habitat was surveyed. This results in the following estimated tortoise density calculations: 28 active + 7 inactive burrows = 35 burrows @ 90% coverage Estimated 39 active or inactive burrows @ 100% coverage (35 burrowsI0.90) Estimated burrow occupancy rate of 0.614 for all active and inactive burrows (FWC criteria) 39 burrows x 0.614 = 23.95 (24) tortoise that may reside on the property Occupied habitat = 38.01 acres (FLUCFCS 321 & FLUCFCS 411 communities) Therefore, tortoise density on the property is approximately 0.63 tortoise per acre (24 tortoisel38.01 acres of occupied habitat) All documented burrows were flagged in the field and their location taken by GPS. See attached drawing entitled "Magnolia Pond-Protected Species Survey" for specific locations. Wild Pine (I'illandsia fasciculata) Several common wild pine (Tillandsiafasciculata) were observed in trees on the parcel. These individuals will need to be relocated prior to clearing the parcel. Red-Cockaded WoodDecker (Picoides borealis) The slash pines on the parcel were searched "tree-to-tree" with binoculars to look for RCW cavity trees. None were observed, which is consisted with previous surveys on the property. No other listed species or signs oflisted species were observed. G,\HP Project Filel\300'.Ui9.Environmenlal AssellmenU J\J89-cn M18Ilou.. Pond PSS\Proleaed Species SuNeydoc Table 1. Protected species list according to FLUCCS category. Agenda Item No. SA Magndliillp]jiifYrop2006 Protected Specr.~!l~Jyof 96 Page 5 FLUCCS Potential Listed Species Scientific Name Desienated Status FWC or FWS FDA 321 Audubon's Crested Caracara Polyborus plancus audubonii T T Beautiful Pawpaw Deeringothamnus pu/chellus E E Burrowing Owl Speotylo cunicularia SSC - Curtis Milkweed Asclepias curtissii E - Fakahatchee Bunnannia Burmannia jlava E - Florida Black Bear Ursus ornericanus floridanus T - Florida Coontie Zamiafloridana C - Florida Sandhill Crane Grus canadensis pratensis T - Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Eastern Indigo Snake Drymarchon corais couper; T T Southeastern American Kestrel Falco sparverius paulus T - 411 Beautiful Pawpaw Deeringothamnus pu/chellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastem Indigo Snake Drymarchon corais couper; T T Fakahatchee Bunnannia Burmanniaflava E - Florida Black Bear Ursus americanus floridanus T - Florida Coontie Zamia flaridana C - Florida Panther Felis conc%r cory; E E Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Red-Cockaded Woodpecker Pica/des borealis T E Satinleaf Chrysophyllum ollvi/orme E - Southeastern American Kestrel Fa/co sparverius paulus T - Twisted Air Plant Tillandsia flexousa E - Common Wild Pine Tillandsiafasciculata E - 422 NONE NONE - - 428 Audubon's Crested Carcara Polyborus plancus audubonii T T Eastern Indigo Snake Drymarchon corais couper; T T Florids Biack Bear Ursus ornericanus flaridanus T - Florida Panther Felis coneD/or cory; E E Simpson's Stopper Eugenia simpsonii T - 740 Burrowing Owl Speoty/o cunicu/aria SSC - Gopher Tortoise Gopherus polyphemus sse - 814 NONE NONE - - Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission FDA~Florida Department of Agriculture and Consumer Services FWS~United States Fish and Wildlife Service Status E~Endangered T~Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern C~Commercially Exploited GIHP Projeec Files\JOO'J\J19-En...ironmelllll "SJeINIIeIlIsJ\JI9-C7J M~i. Pond PSS\l"rotclcled Species Survey doc Agenda Item No. SA Magn6iilPl'm(cf p1l6'006 Protected specf~~riff 96 Page 6 Table 2. Birds, Mammals, Amphibians, Reptiles, & Listed Plants Observed on the Subject Property. Birds Common Name Scientific Name Observation Listed? Status I Tvne (VIN) Black Vulture COraf!l'DS alratus DV N - Common Grackle Ouisa/us auiscula DV N - Common Ground.Dove Co/umbina-oasserina DV N - Mournin. Dove Zenaida macroura DV,HV N - Northern Mockingbird Mimus DO/V./Ottos DV,HV N - Red-Bellied Woodpecker MelanerDes carolinus DV,HV N - Turkev Vulture Cathartes aura DV N - Mammals Common Name Scientific Name Observation Listed? T OH N Status Nine-banded Armadillo Das us novemcinctus Reptiles Common Name Scientific Name Observation Listed? Status Tvoe tY/N\ Brown Anole Anolis s&.rei DV N - Gopher Tortoise GaDherus nol.nhemus OH,DV Y SSC tFWC\ Southern Black Racer Coluber constrictor orisous DV N - Amphibians Common Name Scientific Name Observation Listed? Status Tvne tY IN) Oak Toad Bufo auercicus DV N - Listed Plants Common Name Scientific Name Observation Listed? Status Tvne tY/N\ Common Wild Pine Tlllandsla Jasclcutata DV Y E-FDA Abbreviations: Ae:encies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United Stales Fish and Wildlife Service Status E=Endangered T=Threatened T(SI A)~ThreatenedlSimilarity of Appearance SSC=Species of Special Concern C-Commercially Exploited Observations G\HP projea F~csIJOO'I\J19.Envin)llmenlaJ A5#$Imoml J\)19-C7J Mqnolia Pcn:I PSS\Pro!lld.ed Species Survey,doc: DV=Direct Visual HV=Heard Vocalization OT=-Observed Tracks OH=Observed HolelBurrow MT=Marked Tree C=Cayity Agenda Item No. SA n4agnon.~~p~2006 .PaM 'I'~ of 96 Protected Species :survey Page 7 Table 3. Field time spent on the subject property Date Start Time End Time Hours Task September 22, 2005 2:00 pm 5 :OODm 3 Species Survey September 23, 2005 2 :00 pm 5 :OOom 3 Species Survey September 28, 2005 2 :00 pm 5:00om 3 Species Survey September 29, 2005 2 :00 pm 5 :OOpm 3 Species Survey September 30, 2005 2:00 pm 5 :OOom 3 Soecies Suryev October 10, 2005 8:00am 12:00om 4 Soecies Survey Total 19 Table 4. Representative vegeta1ion by natural FLUCCS community on the Magnolia Pond Parcel. SCIENTIFIC NAME COMMON NAME STRATUM 321 - Palmetto Common Piloblephis rig/do Rhus copallina Serenoa repens Smilax spp. Vilis rotundifolia pennyroyal southern sumac saw palmetto smilax muscadine grape ground coyer m idstory mid-story vine vine Occasional Bumelia celastrina Sabal palmetto Lachnocau/on anceps Pinus el/ioui ? buckthorn cabbage palm bog button pine (slash pine) ground lichen mid-story canopy ground cover canopy ground cover G IHP Pro;ca FIles\J00'.\)B9.Environmem.f A_IS JUI9-C7l Ml&nOli. Pond PSS~oaed Speciet. Survey doc NAME COMMON NAME STRATUM 411 - Pine Flatwoods Common Pinus e/liotri Smilax spp. Urena Jobata Serenoa repens Vitis rotundifolia pine (slash pine) smilax Caesar weed saw palmetto muscadine grape canopy vine ground cover mid-story vine Occasional Taxodium ascendens Bumelia celastrina Schinus terebinthifolius. pond cypress buckthorn Brazilian pepper canopy mid-story mid-story *invasive exotic COMMON NAME NAME STRATUM 428 - Exotic Invaded Pine Flatwoods Common Sabol palmetro cabbage palm canopy Smilax spp. smilax vine Urena lobata Caesar weed ground cover Serenoa repens saw palmetto mid-story Vitis rotundifolia muscadine grape vine Schinus terebinthifolius. Brazilian pepper mid-story Occasional Quercus virginiana live oak canopy Pinus ellio/li pine (slash pine) canopy BumeUa celastrina buckthom mid-story *invasive exotic COMMON NAME NAME STRATUM 740 - Disturbed Lands Occasional Bidens pilosa Spanish needles ground cover Paspalum notatum bahia grass ground cover C enchrus incertus Coast sandspur ground cover Urena lobata Caesar weed ground cover Agenda Item No. SA MagnoltlfPoolfjpfro 2006 Protected Specirs~ of 96 Page 8 G:\HP P'nl;ecl Filn\lOO'.\JI9-EIIvi!'l;lllme:llZ11 Asteumems )\3~3 Mapolia Pond PSSlJ'roteaed Species Survey,doc Agenda Item No, 8A February 14, 2006 Page 81 of 96 If' ~' Gulf '~ f' of ~. . . . . . PINE RIDGE ROAD Mexico ~\il ~ . . . . . . . ~ ~ . 0 . ~ 0 m .0 a> . V " z < MAGNOLIA POND 1-. " ~ ~ . (7 b . . ~ , . . < . m / I" . ~ PROJECT LOCATION ~ , ~ I< m ~ I~ . " / ~ v . z ~ " ~ . . . . . 1-1-' GOU><N GATE PARI( ....Y ~ "':::: ~ . . . . . . . l- 1"-"/ RAO' ROAD (S. .""" SR." N,T.S. /.:...") !/ L-~ j ~ DAVIS L'otl. (S.R,84) " ,.r4, ~ IU - 0 ~ . . < . . 0 0 . . i"o. z f ~V ~ m " . . . ~ . ~ . . ~ . . . ~ I . ,. A m.ESNAl H_ . . . . VICINITY MAP 7 \; r- 'V ,. gen a February 1 ,200 Page of -------- ------ ------ ----------- Golden Gate Canal ------ -------- ------- ----'" FLUCCS LEGEND I ( II I, I, :1 [111 V:78\ 422 1.11 ! CODE DESCRIPTION 321 Palmetto 411 Pine Flatwoc:lOa 422 Brazilian Pepper 428 Cabbege Palm 740 Disturbed Lands 8'" Roadway 5.55ac 32.46 ac 1.1711C 0.91 ac 0.45 ac 1.51ac 42.05 AC TOTAL Protected Species Survey I \ 1\ 1.1 I I 1\ \ I I I I I leI 1-\ I l I \ 1 \ I r~ \ U~lj _ Active Gopher Tortoise Burrow (28) " Inactive Gopher Tortoise Burrow (7) x Abandoned or "Old" Gopher Tortoise Burrow (12) - - - - Representation of Survey Transects Golden Gate High School 8141.51 ~ ~ 'f ~ ~ ~ r;=- ------------ -- -- ---- -- 1-75 -- --- -- --- -- -- --- -- --- - - - --- N ~ z ! O~ w_ ~8 11 . ~ we '" -ol'!' c; .- o g; ~:.J c.. ~ ;!;...~ .!! ::; or5 5hU :\E:J = h ~ Jl~: ~ q 1'3 ;!; :...~= 2-'= Ii ,,~ . .;:= 0 -- I I I I I I I I I / I I / I I ~ r<;;\ ~ . , ~ , , - ~ ~ t ~ ~ @ ,- [] . g~ . QtJ i "" ~ ". , '" c . 0 " - - 0' to~ HOOVER PI ANNING & DEVElOPMENT INC Land, Environmental & Tlllflic Plannin$ Consultants Scal. t"aJW HIS ..."",'" Road N..... SUllO 8-1. NIf'l... flond.a 3&10$ HP ~'u. .."oJ DlIlc 11-(l4.0S Magno] ia Pond FLueCS Mapping ~ " TOWI\Ih, 49S Ranp ~6 tebruar~ 14, 2006 Page 83 of 96 I I I I ~~e;t~1j8 . ""--~ -n ,... ::llg('")~r'Uc~ m.lf~Ubl .. '1 ~,... ~ i ~1 ~ ~ ~ m z o f t n . . .~ . ."'_CP:-"'" en fL~~::a~ ~ II! ~~ !PI '"" (''''''' ('011.... OrloWQB JS R...isedOn z ----f"'-- Agenda Item No. SA February 14, 2006 HOOVER PLANNING & DEVELOPMENT. INe.84 of 96 Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suile 8-1, Naples, Florida 34105 PROTECTED SPECIES SURVEY (PSS) Project: MAGNOLIA POND PUD SECTION 34 TOWNSHIP 49 SOUTH, RANGE 26 EAST APPROX1MA TEL Y 42.05 ACRES Presented to: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Dated: Revised: November 4, 2005 RE-SUBMlTTAL PUDEX-2005-AR-7824 PROJECT #19990108 DATE: 11/15/05 MELISSA ZONE Exhibit D Agenda Item No. 8A ~agnofiiq.~~2006 Protected SpeciE'~!ilnleyof 96 Page 2 INTRODUCTION The purpose of this report is to detail results of a protected species survey conducted on the Magnolia Pond parcel in September and October of 2005 by personnel from Hoover Planning & Development, Inc. LOCATION Magnolia Pond is located west of Collier Boulevard and immediately north ofl-75 in Section 34 Township 49 South, Range 26 East, in Collier County, Florida. The parcel is bisected by Magnolia Pond Drive, the access road to the new Golden Gate High School. See attached location map. The parcel totals approximately 42.05 acres. SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This technique is made up of the following steps: First, vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2004) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). Next, the FLUCCS codes are cross-referenced with a list of protected species (FWC-Florida's Endangered Species, Threatened Species & Species of Special Concern- Official Lists, Publication Date: January 29, 2004). A list of protected plant species was obtained from the publication "Notes on Florida's Endangered and Threatened Plants", Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology-Botany Section, Contribution 38, 4th Edition-2003). The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See table I of this report for the species list that applies to this property. With a list of the potential listed plants and animals, each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using belt or meandering transects and lOx 36 binoculars as a means of searching for plants and animals. If necessary, transect integrity is maintained by using a GPS in track mode. In addition, periodic "stop-Iook- listen" and quiet stalking methods are conducted for animals. Signs or sightings of all listed and non-listed species are then recorded. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of gopher tortoise and red-cockaded woodpeckers (RCW). EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were generally in the mid 80's to low 90's. Cloud cover varied from mostly cloudy to full sun. Approximately 19 man-hours were logged on the property during the species survey. Table 3 details dates and times spent in the field. G.\HP Projed Filel\,JOO'sI38~.Environmel\l.1 AneUmerll1 )\J"-C1J MaplOtia Pond PSSlJ>roIcaed SpI:lCic, Survey.Qoc Agenda Item No. SA ~8gnoFii~~K~;~g~ Protected Speci~S'~urvey Page 3 The 42.05 acre Magnolia Pond property is surrounded by development on 3 sides and has the following surrounding land uses: West Golden Gate High School North Golden Gate Canal \ Golden Gate City South Interstate 75 East Undeveloped Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4. Palmetto Prairie. FLUCCS 321.5.55 Acres This community is found in various patches throughout the property. Canopy contains widely scattered slash pine. Midstory is dominated by often dense saw palmetto. Other vegetation present includes pennyroyal, myrsine, southern sumac, grapevine, poison ivy, and buckthorn. Pine Flatwoods, FLUCCS 411. 32.46Acres This community is dominated by slash pine in the canopy and makes up the majority of the site. Midstory includes scattered saw palmetto, myrsine, wax myrtle, and buckthorn. Other vegetation present includes often dense grapevine, cypress, cabbage palm, poison ivy, Caesar's weed, and smilax. Brazilian Peuuer. FLUCCS 422. 1.17 Acres This community is dominated by extremely dense Brazilian pepper in the canopy and is found in the north of the property, adjacent to the canal. Midstory is also dominated by Brazilian pepper. Other vegetation is very limited due to the density of Brazilian pepper and includes grapevine and swamp fern. Cabbaf!e Palm. FLUCCS 428.0.91 Acres This community is dominated by cabbage palm in the canopy. Midstory includes Brazilian pepper, saw palmetto, myrsine, dahoon holly, and scattered oak. Other vegetation present includes grapevine, buckthorn, Caesar's weed, and poison ivy. Disturbed Lands. FLUCCS 740. 0.45 Acres This community is found adjacent to Magnolia Pond Drive. This area appears to have been a former home site and was historically cleared of native vegetation. It has re- vegetated with a variety of plants typical of disturbed sites, such as coast sandspur, Spanish needles, grapevine, and bahia. G.\t{p Project Fil~\]OO'$\3S9-Enviro"meJtttl Aueumentlm89-C73 MagIIoli. Pond PSS\PnK~ec1 Specie$ SUI'<ey doc Roads (Maf!nolia Pond Drive). FLUCCS 814, 1.51 Acres Magnolia Pond Drive is the access to Golden Gate High School and bisects the property, cutting it into two parcels (north and south). Agenda Item No. SA Magn6/llll~ jll!JJj'006 Protected Speclli%~eff 96 Page 4 RESUL TS\DISCDSSION The various protected species which may occur in the corresponding FLUCCS communities are shown in Table I. All animal species observed on the subject parcel are detailed in Table 2. See attached drawing entitled "Magnolia Pond-Protected Species Survey" for representative survey transects and specific locations of sightings. Gopher Tortoise (Gopherus polyphemusl Gopher tortoise individuals and gopher tortoise burrows were documented on the property. Twenty-eight (28) active, seven (7) inactive, and twelve (12) abandoned gopher tortoise burrows were docwnented on the property and flagged in the field. Individual tortoise were observed outside active burrows on several occasions. It is estimated 90 % of potential habitat was surveyed. This results in the following estimated tortoise density calculations: 28 active + 7 inactive burrows = 35 burrows @ 90% coverage Estimated 39 active or inactive burrows @ 100% coverage (35 burrows\0.90) Estimated burrow occupancy rate of 0.614 for all active and inactive burrows (FWC criteria) 39 burrows x 0.614 = 23.95 (24) tortoise that may reside on the property Occupied habitat = 38.01 acres (FLUCFCS 321 & FLUCFCS 41 I communities) Therefore, tortoise density on the property is approximately 0.63 tortoise per acre (24 tortoise\38.0 I acres of occupied habitat) All documented burrows were flagged in the field and their location taken by GPS. See attached drawing entitled "Magnolia Pond-Protected Species Survey" for specific locations. Wild Pine (l'illandsia fasciculata) Several common wild pine (Tillandsiafasciculata) were observed in trees on the parcel. These indi viduals will need to be relocated prior to clearing the parcel. Red-Cockaded Woodpecker (Picoides borealis) The slash pines on the parcel were searched "tree-to-tree" with binoculars to look for RCW cavity trees. None were observed, which is consisted with previous surveys on the property. No other listed species or signs of listed species were observed. G\HP Pmjeet FilnIJOO's\),9.EnvifOl'lmClmal AIHumenu }\J39-C7J Mapoiia Pond PSS\Prolmed SpcIcies SUI"o'eydoc Agenda Item No. SA Magn&i\Pi>klIif jill.n'006 Vaae g(f'of 96 Protected Specles-:survey Page 5 Table 1. Protected species list according to FLUCCS category. FLUCCS Potential Listed Species Scientific Name Desilmated Slatus FWC or FWS FDA 321 Audubon's Crested Caracara Polyborus plancus audubonii T T Beautiful Pawpaw Deeringothamnus pulchellus E E Burrowing Owl Speotyto cunicuJaria SSC - Curtis Milkweed Asclepias curtissii E - Fakahatchee Bunnannia Burmanniaflava E - Florida Black Bear Ursus americanus floridanus T - Florida Coontie ZamiajIoridana C - Florida Sandhill Crane Grus canadensis pratensis T - Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Eastern Indigo Snake Drymarchon corais couper; T T Southeastern American Kestrel Fa/co sparverius paulus T - 411 Besutiful Pawpaw Deeringothamnus pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couper; T T Fakahatchee Burmannia Burmanniaflava E - Florida Black Bear Ursus americanus jloridanus T - Florida Coontie Zamiafloridana C - Florida Panther Felis cone%r cory; E E Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Red-Cockaded Woodpecker P icoides borealis T E Satinleaf Chrysophyllum oliviforme E - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsiaflexousa E - Common Wild Pine Tillandsiafasciculata E - 422 NONE NONE - - 428 Audubon's Crested Carcara Polyborus plancus audubonii T T Eastern Indigo Snake Drymarchon corais couper; T T Florida Black Bear Ursus americanus jloridanus T - Florida Panther Felis conc%r coryl E E Simpson's Stopper Eugenia simpsonii T - 740 Burrowing Owl Speotyto cunicularia SSC - Gopher Tortoise Gopherus polyphemus SSC - 814 NONE NONE - - Abbreviations: AiZencies FWC~Florida Fish and Wildlife Conservation Commission FDA~Florida Department of Agriculture and Consumer Services FWS-United States Fish and Wildlife Service Status E=Endangered T-Threatened T(S/A)=ThreatenedlSimilarity of Appearance SSC~Species of Special Concern C~Commercially Exploited G \liP Projed Files\300'sIJ89-En...ironmental AqeumerlIS J\lS9-C73 Magnolia Pond PSS\J'rcltet:led Spl!Cies Survey doc Agenda Item No. SA Magnlin~rpl6l\ll M,,,,006 P.aa.e 'a'9'6f 96 Protected Speclen;urvey Page 6 Table 2. Birds, Mammals, Amphibians, Reptiles, & Listed Plants Observed on the Subject Property. Birds Common Name Sc:ientific Name Observation Listed? Status Type (YIN) Black Vulture Coragyps alra/us DV N - Common Grackle {luisa/us quiscuJa DV N - Common Ground-Dove Columbina passerina DV N - Mourning Dove Zenaida macroura DV,HV N - Northern Mockingbird Mimus -,,-olygloltoS DV,HV N - Red-Bellied Woodpecker Melanerpes caro/inus DV,HV N - Turkey Vulture Cathartes aura DV N - Mammals Common Name Scientific Name Observation Listed? Status l'ype JYIN) Nine-banded AnnadiIlo D~us novemcinctus OH N - R ') eph es Common Name Scientific Name Observation Listed? Status Type (YIN) Brown Anole Anolis sagrei DV N - Gopher Tortoise G~herus polvohemus OH,DV Y SSC-.1FWQ Southern Black Racer Coluber constrictor priapus DV N - h . Amp~ ib,ans Common Name Scientific Name Observstion Listed? Status Type (YIN) Oak Toad BufoJluercicus DV N - Listed Plants Common Name Sc:ientific Name Observation Listed ? Status Type (YIN) Common Wild Pine TiIlandsla la..ciculala DV Y [-FDA Abbreviations: Ae.encies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T~Threatened T(S! A)=ThreatenedlSimilarity of Appearance SSC~Species of Special Concern C=Commercially Exploited Observations G\HP PrlJjeo;l Filn\JOO',U89-Envi",nmem.l ~ment. )\319-(:73 Mawx>lil Pond PSSIJ>nxc;1cd Species Surv~ doc: Agenda Item No. SA ~agnonaqs~\4n2006 P d Pace 11iYof 96 rotecte SpecIes :survey Page 7 DV=Direct Visual HV=Heard Vocalization OT=Observed Tracks OH=Observed HolelBurrow ~T=Marked Tree C=Cavity Table 3. Field time spent on the subject property Date Start Time End Time Hours Task Seotember 22, 2005 2:00 om 5 :OOom 3 Suecies Survev Seotember 23, 2005 2:00 om 5 :OOom 3 Soecies Survev Seotember 28, 2005 2:00 om 5 :OOom 3 Soecies Survev September 29, 2005 2:00 pm 5 :OOpm 3 Species Survey Seotember 30, 2005 2:00 om 5 :OOom 3 Soecies Survev October 10, 2005 8:00am 12:00om 4 Soecles Survev Total 19 Table 4. Representative vegetation by natural FLUCCS community on the Magnolia Pond Parcel. SCIENTIFIC NAME COMMON NAME STRATUM 321 - Palmetto Common Pi/oblephis rigida Rhus copallina Serenoa repens Smi/ax spp. Vilis rOlundifolia pennyroyal southern sumac saw palmeno smilax muscadine grape ground cover midstory mid-story vine vine Occasional Bumelia celastrina Sabal palmetto Lachnocau/on anceps Pinus e//iotti ? buckthorn cabbage palm bog bunon pine (slash pine) ground lichen mid-story canopy ground cover canopy ground cover G\HP Pn.Iject Files\lOO'lIJI9.Environmcllla! Aueumcnl. J\lI9-C7J Mapoli. Pood PSS\Protected Specie5 SlII'Ve)'doc NAME COMMON NAME STRATUM 411 - Pine Flatwoods Common Pinus el/iotti Smilax spp. Urena lobala Serenoa repens Vilis rOlundifolia pine (slash pine) smilax Caesar weed saw palmetto muscadine grape canopy vine ground cover mid-story vine Occasional T axodium ascendens Bumelia ce/astrina Schinus /erebin/hifolius' pond cypress buckthorn Brazilian pepper canopy mid-story mid-story *invasive exotic COMMON NAME NAME STRATUM 428 - Exotic Invaded Pine Flatwoods Common Sabal palmetto cabbage palm canopy Smilax spp. smilax vine Urena /obata Caesar weed ground cover Serenoa repens saw palmetto mid-story Vitis rotundifolia muscadine grape vine Schinus /erebin/hifolius' Brazilian pepper mid-story Occasional Quercus virginiana live oak canopy Pinus elliotti pine (slash pine) canopy Bumelia celastrina buckthorn mid-story *invasive exotic COMMON NAME NAME STRATUM 740 - Disturbed Lands Occasional Bidens pilosa Spanish needles ground cover Paspalum nota/urn bahia grass ground cover C enchrus incerlus Coast sands pur ground cover Urena lobata Caesar weed ground cover Agenda Item No. SA MagnO"1I1pM'!~Ynl"'-2006 .I"'~ "HI\' of 96 Protected SpecIes urvey Page 8 G\HP Projoet Filel'JOOaIJ89.EllvifOllmenLl! Assessmenu )\319,,(;73 Maploli. Pond PSS\Protcaecl SJI"C'ia Su~ydoc Agenda Item No. SA February 14, 2006 Page 92 of 96 '/ \~ <" , ! Gulf j of ~, . . . . . PINE RIDGE: 'OAD Mexico c-:\, ) ~ . . . . . . . ~ ~ " " ~ ~ . <2 j) . /' ~ ~ . MAGNOLIA POND " ~ . (l ~ . ~ -'. I!' , . . . / ~ t , ~ PROJECT LOCATION l< m ~ ~ " / ~ /' z / . . . . . ~ . \ - COOlER ATE PARK I"y ~ '-- \ "::::::: .-;...< . . . . . " . . ~ 'ADI ROAD (s. . 856' SR." NT.$. I~~ 1/ 'J , 0; , \... ~ DAVIS LVD. (S.R. 84) . ~~~ ~ 0 ~ .' Q ~ . . ~ . Q . " " , z ~ " ....--1 ~ m '" . . . ~ . . ~ . . z . 0 ~ u I . , RA11LESN,fJ( ""'. ,~ . ", . . . . VICINITY MAP Ie;? "- 2 '\) "'t --- Golden Gate Canal ------- FLUCCS LEGEND CODE DESCRIPTION 321 Palmetto .,1 Pine Flatwoods 422 BraziUan Pepper 428 Cabbage Palm 740 Disturbed lands 814 Roadway '{ I, II I, :( /,,\ \);19 \. <22 1.17 ~ TOTAL 5.55ec 32.46 ac 1.17ac 0.91 ac 0.458C 1,518C 4I05AC Protected Species Survey - Active Gopher Tortoise Burrow (28) l> Inactive Gopher Tortoise Burrow (7) x Abandoned or "Oid" Gopher Tortoise Burrow (12) - - - - Representation of Survey Transects I \ 1\ 1./ I I 1\ II I I I I JoI I-I I j I Ul1-~ I \ ~l) Golden Gate High School 614151 ~ :f ~ c ,'l ~ ~~---x-------_-.- -------~ -- q:f-~ ~~~ =~~2::;-~=-~~_ :~ \' -- -- I' ---- 40 --- n .": I ) I I / (I, / I / { / Ii I ' / I 'I I (II ~ I I I I- I 'I .) I / (' ( 1411 I I I , X \ I ( I II I I I I I x 11111l>~' II -Uull IX 3.'~\ ~\ -'--"-v U ........- ----- 1.75 -- --- -- --- -- --- --- --- --- --- -- --- ----- to, . ~ February 1 ,200 Page 9 019 N n . z .l! ..~ ~- ~8 sn uo ~ "O~ C .- 0..0 t ...~~ cu ........... .!! ::;: -'" Ou @,u ~~ -i ~ti-H B ~ -.. ~ ~ ~ :: ~u:: ,; ~~ ~ -- ~ ~ ~; c_ o~ u- ""..'! c' .-i:i: 2". .:2-a 0.." z u . .--;- c:~ ~" f-;; ~ .;.. -. ~z fll E~ =c e~ ".>< c~ :.:J~ -- '0 Ii ....l -~.._--,...._---- - -- - -- gh School -- Golden Gate Canal FLUCCS LEGEND CODE DESCRIPTION 321 Palmetto 411 Pine Fl8twoodl 422 Brazllilln Pepper 428 Cabbage Palm 740 OIsturbe<llMldl 814 RoedwBy Golden Gate High School 411 "" -- 5.55ac 32.488C 1.17 ac 0.91 ac O.45ac 1.51ac 4i1i5AC TOTAL 1.75 - - ---- FebrUar; 1 "200~ Page 9 of 9q- N 42. 0.11 422 1.17' g z ! ..~ ~- . =0 ~d . t ~o ~ "" on c: .5 ceg: ..,.~~ .!l! :::: _~N -<r> Ou "u 1iP::> ~~ ll. :?1r:;: B ~ i ~~ '" '-'" 321 ,... 411 ,.,. Magnolia Pond Drive 8141.51 ~ i$ 'n'~ ~ :.... ii = . ~.;: .. B ~ . ~% 0 ~ ~ ~ ~ ;;;;; V ~ ~ ~~ c- o~ u- ~ gr, '-Ii: g. ..:::!"j- "-z u . .-, <== e,~ f-~ "d-" o -0 ~z ~1 E~ CO e~ ';;'< c~ :J.l~ ",,- ~ ..J 411 w '{;) - - - ------ - - ----- ---. I , Agenda Item No.'SA February 14, 2006 Page 95 of 96 RESOLUTION 04 - 2lL4 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 98-49 KNOWN AS MAGNOLIA POND PUD, EXTENDING THE CURRENT PUD APPROVAL TO JUNE 9, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Magnolia Pond PUD, Ordinance 98-49 adopted on June 9. 1998 is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved pun Zoning Districts together with their respective Master Plans; and WHEREAS, the pun was adopted consistent ~ilh and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD extension petition, identified as PUDEX-2004-AR-5897. filed by Gary Butler, of Butler Engioeering, Inc.. representing Teryl H. Brzeski, requesting an extension of the Magnolia Pond pun per LDC Section 2.7.3.4.6. and have determined to extend the current PUD Zoning for two (2) years. until June 9, 2005. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 ofthe LDC. 3. Pursuant to said section of the LDe, the current PUD approval is hereby extended to June 9, 2005. This Resolution is effective immedjateJy upon its adoption. 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. Thjs Resolution adopted after motion, second and majority vote. Page 1 of 2 . / 5) S' Done this /) /))- day of 'f t1.l ..L1- ~ I A TrEST: DWIGHT E. BROCK, Clerk . ~~.... .11 . t~ ~"I'G) ,f>.... . l....'t), ..... '" ~... '. ,," .... (1"' il.~ ~h.:(l~Gtl~~D DC -V-f - I'rft Ci.ERK:';'.~ : .: I ':', Atte't( ...tli,~j fliun' s .'. . ....,."',~"..' . .' - .$I-oni~!"'''''''' c''- .~, ;;~;::.:.:...: .::~,;:-;. Approved ..'W lFolm and Legal Sufficiency: Patrick G. White Assistant County Attorney Agenda Item No. SA February 14, 2006 Page 96 of 96 ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Page2of2 Agenda Item No. 86 February 14, 2006 Page 1 of 55 EXECUTIVE SUMMARY PUDZ-2004-AR-6932: R & S Development Company, LLC, represented by Kelly Michelle Smith, of Davidson Engineering, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a residential development with a maximum of 60 dwelling units, to be known as Sandalwood RPUD. The property to be considered for this rezone is located on the south side of the proposed Veterans Memorial Boulevard and approximately one half mile west of Livingston Road, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone 20.58 acres from Rural Agricultural (A) to Residential Planned Unit Development (RPUD), to be known as Sandalwood RPUD, and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. .~ CONSIDERATIONS: The subject property is currently undeveloped, with the exception of a linear area along the western edge of the property that was legally cleared and impacted to provide access to the adjacent site when it was developed as the North Naples Middle School. The site is bordered on the south and east by the North Naples Middle School and a future elementary school. Mediterra is located to the north. Imperial Golf Estates is located across the drainage canal to the west. The applicant requests the rezone to permit up to 60 single-family detached dwelling units, which equates to a density of 2.92 units per acre. This density is less than the allowable density according to the GroVvth Management Plan. The subject property will be accessed by the future Veterans Memorial Boulevard, previously known as Livingston East/West. The applicant has committed to providing two of the expected six lanes, as well as accommodating the drainage from three lanes. FISCAL IMP ACT: The rezoning, by and of itself, will have no fiscal impact on Collier County public facilities. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD is approved, the subject property could be dcveloped above and beyond the current level of allowable uses. .-- The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund Page I of 4 Agenda Ilem No. 88 February 14, 2006 Page 2 of 55 projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency managemcnt, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with tile project at the time of tinallocal development order. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are 110t included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential uses, including Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre, limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. Tile proposed density of 2.92 units per acre is consistent with density allowed in this subdistrict. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. As described in the attached staff report, the Department of Zoning and Land Development Rcview staff belicves that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in tile area; therefore, Comprehensive Planning staff recommends that the petition be deemed consistent with that FLUE policy. TRANSPORTATION REVIEW: The Transportation Division reviewed tile petItIon for consistency with the objectives and policies of the Transportation Element of the Growth Management Plan. Statf finds the petition to be consistent with all po licies. ENVIRONMENTAL ISSUES: Environmental review statf has evaluatcd the proposed PUD; they are satisfied that the project meets their requirements. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition because there are no new wetland or listed species impacts proposed. """ Page 2 of4 Agenda Item No< 88 February 14. 2006 3of55 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) Ileard the petition on January 19, 2006 and with a vote of 9-0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. The applicant will make a $1000 donation per dwelling unit to the Collier County Affordable Housing Trust Fund. 2. The PUD language that allows the applicant to obtain access to the ASR wells provided within the PUD will be reviewed to ensure fair distribution of reclaimed water. 3. Any wall constructed between the future elementary school and the east side of the subject property will be paid for and maintained by the developer. 4. The front setback will be changed to 23 feet. 5. Language in the Transportation section of the PUD document regarding drainage from the future Veterans Memorial Boulevard will be revised to allow Transportation to retain additional watcr onsite, if necessary. 6. The developer will provide a six-foot high wall atop a two and a half-foot tall berm with a type B landscape buffer along the western boundary of the subject property where development occurs. 7. The PUD will be reduced from a maximum of 67 units to a maximum of 60 units. At the timc the petitioner did not ob~ect to the conditions placed on the application by the Planning Commission. On January 27' the agent notified staff that they would like to be placed on the regular agenda to discuss the proposed revisions to items 4 and 6, which are reflected in the revised PUD document. The deveioper would prefer to have the flexibility of limiting the front setback to 23 feet only for the garage and allow the remainder of the home to have a 20- foot /Tont yard setback. Staff can support this request, even though it is contrary to the Planning Commission recommendation. The stipulation regarding the wall on the western side of the site reflects a commitment made to neighbors by the developer during an independent meeting. Although provision of the wall would exceed the Land Development Code buffering requirement, staff feels that it is important to adhere to commitments made, regardless ofwhere or when they are made. All of the other stipulations have been incorporated into the PUD document. In addition to the stipulations placed on the recommendation, the CCPC had a general discussion on the following topics: timing of completion of the road; affordable housing in the area; future road network connections; communication with neighboring residents; and standard PUD language. Because the applicant wishes to discuss the Planning Commission stipulations they have requested that the petition be placed on the regular agenda. Page 3 of 4 Agenda Item r'~o< 88 February 14. 2006 Page 4. or 55 LEGAL CONSIDERA nONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter I 0.03.05.H and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended bv staff are noted below: . The proposed change has been decmed consistent with the goals, objectives. and policies and Future Land Use Map and the applicable elements of the GMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Transportation Eiement of the GMP. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. The Planning Commission, with its recommendation of approval, concurred with the above legal considerations and findings. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve PUDZ-2004-AR-6932, which would approve the Sandalwood RPUD, noting that, in staffs opinion, the request is consistent with the GMP Future Land Use Element designation. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Page 4 of4 Item Number: Item Summary: Meetilll/Dale: COLLIER CmiNTY 80J\RtJ Of COUNTY COMMISSiONERS " This item req"ires that all participant, he sworn in and ex p~rtf! ai.closure be pro~i(jed by Commissoon memt>ers. PUDZ.2()()4-AR.6932; R & S Development Com~a"y, LLC, '"p"Js"med by ~<,t,II)' Mlchelie Smi\n. 01 Davuison En\llf\eering. Inc.. roqtle~\lng a rezone from the Rural Agncullural (A) zonong di~\rict to the R.e~iden\l.lll Planned Unit Developmenl (RPUO) zoning district lor a re~i<1ential development 10 allow a ma~imum of 60 dwelling ~'nrtG. In he known a. s~ndl.liwoud R?UD The propurty to be cOrlsi<lerec for this re".Ulle I. located weat Of Livingston RO<ld just 50uth of Medrterra, in SHlioll 13. TO'j'm"hip4 850uth Range25 EasL in Collief' County, Florida andconsIst5 Qf:.'.C.S8acres ?,/14iZ006 gOO OOl',M Ptillcip"IPlanner "''' P"eparedBy H"ldiWjilillm~ Community O&Veltlpmt'nl &. Ellvin>I11flentalServke3 ;>.1>"'''9 &. Umd O,,"ell>p""ml Revilt.. 1!27120(l~ 11,05:~~AM Approved By Ch...,fPkll1ner "''' R>.yB..!I<>Wli C<>mnHmiry D~v..ltlpm"nl &. €n"iml'm,.,"t~IS..rv\c"'" 2.o"ln(j&La",If},'""IOl'm""lR..~inw 11171200~ 12:21 ~'M Allpl"Oved By "''' Sat>dt~ l.... Ex..cutivl< S"c;ret,,-ry Community O......lopm..n-t &. Ctlrnrnunity o..velopmenl & Lnvironm.mtal Serv'cu [,w,ronlT..ntaj Servi",,,,. AdmilT. 112712011GU,55PM App,'oved By rra"~I"sF1at;o" Pla"niny Oir~,ct"'f 0"\,, Oonaldl.Scol:t T,anspOF1etionS"rvir,,,,, T'~rI&p"F1~I;On Pi",,,,iny 1r27!2110Gl'3tPM Approve-II By Z"",,,q& La"d o."i~h'p"o""tDi[1,l;h'r "''' Su~..nMunay,AlCP Co"'mllui\yO,,~.,h,p"'"nj & r;;Ilvi,,,nm.mt'll$e,,,;o,,s Zon;nll & La!ld DevelopmontRev,..w ji21iZOOf;1'39 PM Approved By "''' C,.",sl~n~~ A, Johnso" Op'm.lljo"~ An~Iy:;.t (;orllmunity[),w.,;"pm"nl& COlllll'lUnrt)'D<wfdol"fHlm& tllvi",,,,n..ntilIS,,,,,iol's E"vitonm..ntaISH"i~"sA,lIn'''. tiJO!ztlfl6S:(J2AM Approved 8J A~~i.sta"t C"II"'~ An.o"wy c.ro MafjoriaM.SI\ldunt County AlIDrrl"Y C"unly AttomlOY Olfice liJlIZ00li1C:3gAM l"an.~~"rtali<J1l Dlvi~;"n Alln,ini~1fl\t"r lJ"t~ Approved By Nn,,,, E. F..<Ier.AICP l'ransportatlonServicll' Trarl!;ponalion S~J'\{fcll~ Admin. 1Ilif2\lOS1:37PM Appro.,ctlBy Dale JonphKSctlml1t Co",nmnity D"velopmtnt & EnvironOlu"t:olSe,vi,"'" Community De~~lopm""t & E""i'''HlnenL1IS''f'lil;c'sA<iminst,-at"r C"rnmllnltyD..vclupnlf."t& E,,"if<lfO""'nt..IS..r~;c,,~A<I,"in. 113112\!QS3:46f'M Appro~'e-d By Adl"llinislf..ti\l~A"";~lant ~". OMBC"",Cinator COOlntyMIlIHIQar'sOfficp. Otlkp. 0' Managem~nt &. Budile! 2'1n00610:01 AM AI,proved By audnf!lAn..lyst 0,,, Mat1<lf.ack""h COUlrtyM.nHlIl'!r'~Oft;ce Offic"otrhn~g~mcnt'\[j'HI9"'! 21111001>11;511\1.1I Approved By C""nl)' Manag'" Om. JQl"llesV.Mulld Snare of County C"mmi,."j"n<>rs COl1n'yMm,a\l""sOffir,ll 2/Vl{}(l(,1{!:03AM , , A~Jtl'l!)~@B February 14, 2006 Page 6 of 55 cJ8!". County ~ .- --- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY ]9,2006 SUBJECT: PETITION PUDZ-2004-AR-6932 - SANDALWOOD RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) APPLICANT: R & S Development of SW Florida, LLC 25110 Bemwood Drive, Unit 101 Bonita Springs, FL 3413 5 AGENT: Kelly Smith Davidson Engineering 2154 Trade Center Way, Suite #3 Naples, FL 34]09 REOUESTED ACTION: The petitioner wishes to rezone approximately 20.58:l: acres, currently zoned Rural Agricultural (A), to the Residential Planned Unit Development (RPUD) district, to be known as Sandalwood RPUD. The petition proposes to allow up to 67 single-family homes and associated accessory uses, with appropriate development standards and limitations. GEOGRAPHIC LOCATION: The subject property is located west of Livingston Road on the south side of the proposed Memorial Parkway right-of-way in Section ]3, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSEffiESCRlPTION OF PROJECT: As noted above, the petitioner proposes to develop 67 single-family dwelling units at a density of 3.5 units per acre. PUDZ-2004-AR-6932; Sandalwood RPUD Page 1 of7 j I I ,~ -' -, . :; " ,. - - ,I - i ' " LOCA TlON MAP " .,. - - . -........... -" " -'::,"::,,""" -- ,~ . Agenda Item No_ 8B February 14, 2006 Page 7 of 55 PETITION 'PUDZo 2004- AR. 6932 SITE """.............---"'-""""""" MAP SITE LOO....TION , Agenda Item No. SB February 14, 2006 Page S of 55 The subject property is undeveloped, but was used for the temporary construction access when the North Naples Middle School was built. An area along the western property line was legally cleared to provide this access. The remainder of the site is vegetated; approximately 17.78 acres is Pine-Cypress-Melaleuca mix, 1.77 acres is Pine Flatwoods and 1.03 acres is Disturbed lands. Within those designations, 0.88 acre of the site is more than 75 percent exotic species, 12.54 acres contain 50-74 percent exotic species, 5,] 7 acres contain 25-49 percent exotics and the remaining 1.99 acres contain less than 25 percent exotic plant species. The proposed preserve area is located on the south side of the property, and is' 2.64 acres of uplands. This area exceeds the 15 percent native vegetation retention requirement. SURROUNDING LAND USE AND ZONING: North: Mediterra POO; residential East: Rural Agricultural; future elementary school South: Rural Agricultural; North Naples Middle School West: RSF-3; drainage canal, single-family residential - D I SUBJECT I '. PROPERTY , I ""'\.. I J , I ". , I I II -- , -- '., II -ii-iii I' - A~ I II -------~-...... rx-;- - fJl I ~ -'1r-;;;- l. , ~ .. I '"1 \ II . \.~- i d -1IIiI! . \:."1 -..... I h ~I ''\ ... ''\" -.. .- ". g.-", . \ . - 18 '. \, """ '. , "" . " z PUDZ.2004.AR-6932; Sandalwood RPUD Page 3 of7 Agenda Item No. 88 February 14, 2006 Page 9 of 55 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Comprehensive Planning staff has reviewed the PUD Amendment and submits the following analysis: The subject property is located within the Urban Mixed-Use District, and the Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. . This designation is intended to accommodate a variety of residential uses, including Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre. As provided in the PUD document, the maximum project density is 3.5 units per acre. Based upon the above analysis, staff finds that the proposed PUD document and Master Plan, as submitted, may be deemed consistent with the Future Land Use Element of the Collier County Growth Management Plan. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (Exhibit "D") to ensure the project is consistent with the Transportation Element of the Growth Management Plan. They also have reviewed the PUD document to ensure that it contains the appropriate language to address this project's potential traffic impacts. The applicant has agreed to design and build the southern two lanes of the future six-lane Memorial Parkway. This design will account for drainage from three lanes of the future roadway. Staff finds that the proposed PUD may be found consistent with the Transportation Element and recommends approval of the petition. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPe) uses these same criteria as the basis for their recommendation to ,the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These .evaluations are completed as ~eparate documents and are attached to the staff report (See Exhibit "An and Exhibit "B"). Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document and recommends approval. The area designated as preserve on the master plan meets or exceeds the criteria in the Growth Management Plan and the Land Development Code. The PUD document requires that a conservation easement will be granted to Collier County when the development is platted. This petition was not heard by the Environmental Advisory Council because there are no listed species or additional wetland impacts on the site. PUDZ-2004-AR-6932: Sandalwood RPUD Page 4 017 .Agenda Item No. 88 February 14, 2006 Page 10 of 55 Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incoIJlorated Transportation staffs revisions within the PUD document. As noted above, the applicant has agreed to provide the design and construction of the two southernmost lanes of the future six-lane Memorial Parkway and account for drainage from three lanes. Transportation has further requested that the applicant provide a pedestrian interconnection to the future neighboring elementary school. This is due to the future nature of the proposed Memorial Parkway as a 6-lane road. At this time, the road will only be two lanes, but in the future the school district would be required to bus students to keep them from walking along an unsafe corridor. A stipulation has been provided in the PUD document to require the interconnection, and a note is on the master plan as well. Utility Review: The Utilities Department staff has reviewed the petition and. has stated that approval of this PUD is subj ect to application for and conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. At this time, there is no water transmission line along 'Livingston Road East-West', but there is a stub-out for a 12-inch Water Main at Livingston Road (North-South). This line will need to be extended to service the proposed project. For Wastewater service, there is an existing 8-inch Force Main in 'Livingston Road East-West' at this parcel. Utilities requested well-site easements for ASR wells on this parcel. One will be provided on a northern portion of the site. The easement will be granted when the site is platted. ; Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, to the requirement or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed land uses, as limited in the PUD document, are consistent with the GMP. The PUD document permits a maximum of 67 detached single-family homes. The subject property is bordered on the south by the North Naples Middle School, on the west by a drainage canal and the Imperial Golf Estates single-family development, on the north by the future Memorial Parkway right-of-way and thf:. Meqij:erra.. development, and on the east by the undeveloped property designated to become a public elementary school. The maximum density of the proposed development, based on the requested number oftmits and the total acreage, would be a maximum on.5 tmits per acre. This density is _ lower than permitted by the Growth Management Plan and the Density Rating System. This density is appropriate due to the relatively low densities of other developments in the area, - and will not be a detriment to neighboring properties. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant held the required NIM at North Naples Middle School cafeteria on April 11, 2005 at 5:30 P.M. Eleven people other than the applicant's team and county staff attended. Of those who spoke, no one stated opposition to the proposed rezone and project as presented by the property owners/developer. Questions and concerns identified by neighboring property owners of Imperial Golf Estates included: perimeter buffering between Imperial Golf Estates and the PUDZ-2004-AR.6932; Sandalwood RPUD Page 5.01 7 .Agenda Item No. 8B February 14, 200\3 Page 11 of 55 applicant's property; storm water management and drainage; building height; residential unit type; and, construction timetable. Developer Dino Longo addressed most of the questions and concerns that were asked stating the following: . 50-60 units: single family homes . Lot and units sale average: $850K-generic pricing . Two story buildings . Security gate/guardhouse . No community pool . Will try to piggyback construction on planned school site construction (to east of property) . Perimeter buffer - Type A between proposed development and Imperial Golf Course, as required by code . Have environmental issue to resolve regarding putting a lake (water management) on the property . What we're suggesting is that we're always going to go with the minimum (code standards); I'm going to do it right but I'm not going to be dictated to". Staff planner Heidi Williams clarified that "we can't dictate price by zoning". Homeowners association requests additional information as site plans continue to which Mr. Long states, "We'll keep you informed". STAFF RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPe) forward Petition PUDZ-2004-AR-6932 to the Board of County Commissioners (BCe) with a recommendation of approval based on the staff determination that the proposed CPUD is consistent with the GMP. PUDZ-2004-AR-6932; Sandalwood RPUD Page 6 of 7 PREPARED BY: ~~ HEIDI K. WILLIAMS, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Y: ASSIS COUNTY ATTORNEY ~~i('(At ~ RA V. BELLOWS, ZONINGMANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SU AN MURRAY, AICP, DIRECTOR D PARTMENTOF ZONING AND LAND EVELOPMENTREVIEW APPROVED BY: Agenda Item No. 8B February 14, 2006 Page 12 of 55 1;;.";/2.../ OS DATE 1) /11// /6~ DATE · I hi ot ) DATE / dt~07o I/'':/-(, ". ... H K. SCHMITT ADMIN STRATOR . ~ATE MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for tlie February 14,2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Exhibits: A. B. C. D. Rezone Findings POO Findings Comprehensive Planning Memorandum Traffic Impact Statement PUDZ.2004-AR-6932; Sandalwood RPUD Pag.7of7 DATE Agenda Item No. 8B February 14, 2009 Page 13 of 55 REZONE FINDINGS PETITION PUDZ-2004-AR-6932 Section I 0.03 .05 .G. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. --. TIle subject property is located in the Urban Mixed-Use District 'and the Urban Residential Subdistrict on the Future Land Use Map of the Collier County Growth Management Plan. Comprehensive Planning staff has found the proposed rezone to be consistent with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; The uses allowed by the proposed PUD for the subject site are compatible with the surrounding area. The surrounding development is low-density residential, as is the proposed zoning, or institutional uses. Adequate buffering requirements ensure that potential negative impacts of development are minimized. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed amendment continues a trend toward residential development along the Livingston Road corridor, and so is not considered an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed boundaries are not illogically derived. They reflect previous subdivision of the land. One border meets another residential development, two are abutting school properties and the fourth side meets the right-of-way for the future Memorial Parkway. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The Livingston Road corridor has been completed in Collier County, which makes this area much more accessible to both Collier and Lee Counties. The encroaching urbanization and the construction of both North Naples Middle School and the future elementary school limit the viability of the subject site for agricultural uses. EXHIBIT A PUDZ-2004-AR-6932 Page 1 of 3 P,genda Item No. S8 February 14, 2006 Page 14 of 55 6. Whether the proposed change will adversely influence living conditions in the neighborhood; No adverse impacts are expected to those residents living west or north of the amendment parcel. The developer will be required to provide adequate landscape buffering on all sides of the project. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types. of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Services Division has reviewed the proposed pun and has incorporated language into 1he POO document that renders the pun compatible with the Transportation Element. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; .;. . Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment mayor may not affect value. However, staff is of the opinion that the proposed rezone will not adversely affect the property values in this area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. EXHIBIT A PUDZ.2004-AR-6932 Page 2 of3 Agenda Item No. SB February 14. 2009 Page 15 of 55 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed PUD does not constitute a grant of special privilege, nor does it contrast with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property consists of approximately 20 acres of land. It is surrounded on all sides by residential and institutional uses. The size of the site and the nature of surrounding developments render the Rural Agricultural zoning obsolete in this area. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed residential development will be similar to other low-density residential projects in the immediate area, and so it is not inconsistent with the scale or needs of the neighborhood. 15. Whether it is impossible to rmd other adequate sites in the County for the proposed use in districts already permitting such use. Much of the land in this area is zoned Rural Agricultural, like the subject property. Many properties are pursuing rezoning to permit residential development. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Site conditions should not restrict the proposed use of the subject property. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as dermed and implemented through the'CollIer-- County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. the conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT A PUDZ-2004-AR-6932 Page 3 of 3 Agenda Item No. SB February 14, 2006 Page 16 of 55 FINDINGS FOR POO PUDZ-2004-AR-6932 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the POO Master Plans' compliance with the following criteria: 1. The suitability of the area for the type aud pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The area surrounding the subject site is a highly desirable area, with open spaces and low-density residential development. The subject site is also bordered by property for two public schools. All utilities, access and drainage are adequately addressed by this . petition. ~d sl!bsequent site planning procedures. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The POO document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP), The subject petition has been found to be consistent with the goals, objectives and policies of the GMP by Comprehensive Planning staff. Please see the staff report for a more detailed discussion. Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The applicant did respond to neighbi)rsto the. west wh.o had .concerns regarding storage sheds in the backyards of the proposed homes by expressly prohibiting them in the POO document. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. EXHIBIT B PUDZ-2004-AR-6932 Page 1 of2 Agenda Item No. SB February 14, 2006 Page 17 of 55 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of development approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. EXHIBIT B PUDZ-2004-AR-6932 Page 2 of2 Agenda Item No. 8B February 14, 2006 Page 18 of 55 Memorandum To: Heidi Williams, Principal Planner, Zoning and Land Development Review From: John-David Moss, AICP, Senior Planner, Comprehensive Planning Department Date: May 18,2005 Subject: Future Land Use Element Consistency Review Resubmittal #2 PETITION NUMBER: PUDZ-2004-AR-6932 Resubmittal #2 PETITION NAME: Heatherwood Estates (formerly Livingston PUD) REQUEST: Rezone the 20.58:t acre subject property from the A zoning district to PUD to allow the development of 67 single-family housing units at a maximum gross density of 3.5 units per acre. LOCATION: The site is located approximately 1800 feet west of Livingston Road, just south of the Mediterra PUD, in Section 13, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential uses, including Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 DU/A, limited to a maximum of 16 DU/A, as allowed under the Density Rating System. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Review of the pun Document and Master Plan Policies 7.1 through 7.7 of the Future Land Use Element were approved on October 26,2004, which implement "Smart Growth" provisions.' Relative to this petition, Policy 7.3 states, "all new and existing development shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type." It appears that pedestrian interconnections would be feasible and appropriate to both North Naples Middle School, south of the project, and the future elementary school, east of the project. Please address this policy by indicating whether or not the project will adhere to it and why. CONCLUSION: Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. However, the PUD needs to be revised as noted above. 1 PETITION ON CD PLUS Cc: Stan Litsinger, Alep, Comprehensive Planning Director Susan Murray, AICP, Zoning and Land Development Review Director 2 Agenda Item No. SB February 14, 2009 Page 19 of 55 Sandalwood Estates PPL Trip Generation Report Prepared For: Sandalwood of Naples, LLC 1881 Trade Center Way Naples, FL 34109 239.514.4404 Prepared by: Davidson Engineering, Inc. 2154 Trade Center Way Suite #3 Naples, Florida 34109 Dee 2004 Revised August 2005 Agenda Item No. 88 Fabruary 14. 2006 Page 20 of 55 Agenda Item No. 88 February 14, 200@ Page 21 of 55 Introduction Sandalwood Estates PUD is a +/- 20.00 acre, 68 unit single family development proposed to be constructed in one phase on the proposed Memorial Parkway. The project is located in Section 13, Township 48 South, Range 25 East Collier County, Florida. Existing Conditions The site is currently undeveloped. Proposed Conditions A maximum of 68 single family residential units will be constructed in this project. The accompanying roadway and utilities will also be built along with these residential units. Trip Generation Trip generation rates were derived per the Institute of Transportation Engineers publication, Trip Generation Sixth Edition. Land Use Category and their associated square footages used for the project are listed below. A) Number of units (i.e. dwelling units, square feet, etc.) Total 68 single-family residential dwelling units B) Description of development and ITE category for trip generation. This development is a residential development. The ITE category used for this trip generation is Single-Family Detached Housing (LUC 210) Trip Generation Table 1 Single-Family Detached Housing (LUC 210) X = 68 Units .. ...- . CalCulated Traffic . .. Equation Entering Exiting . Weekday Daily Traffic = 653 Ln(1') = 0.920Ln(X) + 2.707 327 (50%) 327 (50%) AM Peak Hour Traffic = 57 T = 0.700(X) + 9-477 14 (25%) 43 (75%) PM Peak Hour Traffic = 62 Ln(1') = 0.901Ln(X) + 0.527 40 (64%) 22 (36%) Aoenda Item No. 88 February 14, 2006 Page 22 of 55 C) Total trips generated for the Average Annual Daily Traffic (AADT) and the AM and PM peak hours. . Total trips generated for the Average Annual Daily Traffic (MDT) and the AM and PM peak hours are listed in the chart below. Table 2 Site Generation calculated Traffic . Exiting Total Entermg MDT 327 327 652 AM Peak Hour Traffic --."- - . 14 . 43. 57 . . . PM Peak Hour Traffic 40 22 62 Table 3 Total P.M Peak Hour Non Pass-by External Project Trips . TotalP.M Calculated Pass- Peak Hour Land Use Total by Entering Exiting Non Pass-by Trips Rate External Trips Residential/Single 62 0.00% 40 22 62 Family * P.M peak hour trips are calculated with 0.00% pass-by rate and 0.0% internal capture rate Since the total MDT generated by the project is less than 1000 trips nor the peak hourly trips are larger than 100 trips, a complete traffic impact study does not need to be performed on this project. The project has no negative impa<:tto the exis.:mg road conditions. CONSISTENCYwrrn GMP The project is consistent with the following policies of-theTransportation Element ofthe Grov.~J1 Management Plan as follows: . Policy 5.1 - Project does not significantly impact any roadways. . Policy 5.2 - Project does not exceed 5% impact on the operating level of any roadway. Agenda Item No. 8B February 14. 20i!l6 Page 23 of 55 .I:'UJJL-:.IUU4-AJ{-bll32 PROJECT #2004070004 DATE: 12/21/04 HEIDI WILLIAMS ~TT_"'" ....,....... ....... ........-- APPLICATION FOR PUBLIC HEARING FOR: OOPUD REZONE (PUDZ) [JPUD TO PUD REZONE (PUDZ-A) Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) R & S Development Company. LLC Appllcant's Mailing Address 8880 Terrence Ct City Bonita SPrings State FL Zip 34135 Applicant's Telephone # (239) 949-6855 Applicant's E-Mail Address: N/A Fax # (239) 949-6856 Name of Agent Kelly Michele Smith Film Davidson Ene:ineerinl!:. me. Agent's Mailing Address 2154 Trade Center Way. Suite 3 City Naples State Agent's Telephone # (239) 597-3916 FL Zip 34109 Fax # (239) 597-5195 Agent's E-Mail Address: Kel1V@davidsonene:ineerine:.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643~968 Annncatlon For PuhUe Heartn@' For PUD Rezone 8129103 *Be aware that Collier County has lobbyist regulatiOllS; Guide yourself accordingly and ensure that you are in compliance with these regulations. Agenda Item No. 88 February 14. 2006 Page 24 of 55 Complete the following fOr all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City Name of Homeowner Association: N/A . . ~ailing Address City Name of Homeowner Association: N/A. Mailing Address City Name of Master Association: N/A Mailing Address City State Zip State Zip State Zip State Zip Name of Civic Association: N/A Mailing Address City State Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INbIVIDUAL, tenancy by the entirety, tenancy . in common, -or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Anoliestion For Public HearlDl! For PUD Rezone 8/29/03 FROM Davidson Enginesr ing (FRI)DEC 3 2004 16:50/8T, 16:4~b~~~4~~fu~~P 2, Page 25 of 55 b. Iftli percen y is owned by a CORPORATION. list the officers and stOCkholders and the flltOClc: owned by each. NmR IDllIloltdr-. -' .\( ~ C\:!:"'~ A I-\..C- ~s&o - Ca.... ~ ~4-I' M &1>.... ~ l2A."J, r\"\<.lS P..~ "$ \J'O 800... l'a\:aItqc of~ '>O~ 'ib'2.. c" If tho pl Opol t,. is in tho name of a TllUSTBB, list the beneliclaries of the trust with the t"".....4.IgC of mtcn:llt. Name_ AddraIs Paca:ltqe oflDtonSt d If the property is in the oamc of a GBNERAL or LIMITED PARTNERSHIP, list the namc of the general and/or 1imitcd .-~, Name 11I4 ~ ~~~:= i_ ~:~~~~ ~ofOlmablp ,so":l.. <=;0 '"7.. e. If there is a CONTRACf FOR PUR.CHASB, with an indiWiual or individuals, a Cu......,.otlon, Trustee,. or a PllI1JIenbip, list tho NIIMS ofthe COIlU'8Ct purcbuers below, including the oftic;e:s, stockholders. beneficiaric:s. or partncn. NlIIDC 11I4 Adds-CA !'1InlfIl1ap ofOwuriip It._a ..II'...-.....L... ______.Plma &I2WIIIS g. Date subject property acquired (X) 9/23/04Ieased ( ):_Term oflease . Agenda Item No. 8B February 14. 2006 Page 26 of 55 yrs.lmos. If, Petitioner has option to buy, indicate date of option: terminates: . or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed lel!al description of the nropertv covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zonjng district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximwn I" to 400' scale) ifrequired to do so at the pre-application meeting. . NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 13 Township: 48 Range: 25 . Lot: N/A Block: N/A Subdivision: N/A' Plat Book N/A Page #: N/A PropertyLD.#: 00148800007 & 00148920000 Metes & BOWlds Description: See attached survev 4. Size of oropertv: 665 ft. X 1351 ft. = Total Sq. FI. 89.8415 Acres 20.58* *Property remaining after Right of Way & Public Utility donation = 19.47 acres 5. Address/l!enerallocation of subject property: South ofMediterra West of Livin!!ston Road. iust 6. PUD District(LDC 2.2.20.4): l8J Residential 0 Community Facilities-oc-, o Commercial 0 Industrial 7. Adjacent zoninl! and land use: Zoning PUD Land use Mediterra N S A North Naples Middle School RSF 3 A ~ Developed sincle familv . -A:- er- [' ~ Undeveloped - future elementary school E W AODUcatlon For Public Hearin~ For PUD Re:rJlDe 8/29/03 Agenda Item No. 8B February 14, 2006 Page 27 of 55 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book _ Page #: Property I.D.#: Metes & Bounds Description: 8.. Rezone Reouest: This application is requesting a rezone from the A district(s) to the PUD zoning district(s). zonmg Present Use of the Property: Vacant Proposed Use (orrange of uses) of the property: Single familvresidential PUD Original PUD Name: N/A Ordinance No.: N/A 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning COD1lJ1lssion, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials ilnd documentation in support of the request. PUD Rezone Considerations (L])C Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, - sewer, water,.and-othel'utiJities.-. -- -- .. --. ... .... This petition seeks to convert 20.58 acres ofland zoned A to PUD for the development of a residential single family use at a maximUm gross density of 4 units per acre. The adjacent property to the west is developed single family residential and golf course. The adjacent property to the south is a developed middle school site. There is a water retention lake separating the proposed development from the school buildings. The property to the east is proposed to be developed with an elementaIy school. The property to the north, which is separated from the proposed development by the future EastfWest Livingston Road is also developed single family residential. The proposed project will comply with all buffer requirements set forth in the Collier County Land Development Code. Based upon these factors the proposed project is compatible with the adjacent properties. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation AnnUcation For Public Hearinp' For PUD Ru.one 8/19/03 Agenda Item No. 88 February 14. 2006 Page 28 of 55 and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The land is owned by the petitioner and is under the control of R & S Development Company, LLC. Any common areas within.the project, including all preserve areas, will be owned and maintained by a Homeowner or Condominium Association. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The proposed project is consistent with the Collier County Growth Management Plan through the application of the development standards contained in this POO, The proposed . project is consistent with the following specific policies and objectives:. .. Policy 5.4: The proposed development is compatible with and complimentary to surrounding land uses. Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is furthered by the water management design of the project which utilizes conservation areas for water management. As a result, the cumulative impacts of run-off are reduced and water quality treatment is improved. Policy 6.1.8: An EIS has been completed and is submitted as part of this POO application. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on desil{n, and buffering and screening requirements. The proposed POO complies with the buffering requirements set forth in the Collier County Land Development Code. The proposed use, setback requirements i1nd maximum building height are consistent with the .adjacent single family developments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. ,",_., '_.'" . "0' .. The subject prop~ is currently undeveloped, and therefore the existence of usable open space is not applicable. The proposed project will meet or exceed the required open space for a residential POO; .. . ... _ . ... ... 6. The timing or' sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project will comply with the County Adequate Public Facilities ordinance, No capacity issues are known at this time. 7. The ability of the subject property and of surrounding areas to accommodate expansion. . Room for expansion is not a consideration as the proposed PUD will fully utilize the subject property. ADDlication For Public Hearin2' For POO Rezone 8/29/03 Agenda Item No. 86 February 14, 20G6 Page 29 of 55 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justijred as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD complies with all applicable regulations set forth in the Collier County Land Development Code for a single family development. No deviations from the LDC are requested. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed. restrictions. . ......' .. ...... - .. --., - ,.~ 10. Previous land use petitions on the subiect nrooertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal reauirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Emst, if residential and TmmokaleelWater Sewer District, if in Irilmokalee) ofa 24" x 36" conceptual site plan [and one reduced 8\1," x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boardS such as the Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed s1ructures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . -" " .., __n,_'___.' . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . . proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed s1ructures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. AnoUt.don For Public Burin@" For PUD Rf':7J)oe Sn9103 Agenda Item No. 88 February 14, 2006 Page 30 of 55 e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) ofnlitive vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserVed (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Iinpact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an ,area, oLhistorical Ot archaeological probability (as identified at pre-application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. . j. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 k. An electronic version of the PUD on a disk as part of this submittal package. 1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Beard of County COmmissiouers.BasedontheBoard's finaJactioli on"---- this item, please remove all public hearing advertising sign (s) immediately. Land Use Petition Continuance Fees: Two days or less prior to meeting = $500 ' Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees AODlicatiOD For Public: Heluiop For PUD Re7nDI! 8/29/03 ORDINANCE NO. 06- Agenda Item Nj' 88 February 14. 006 Page 31 f 55 I I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURAL RURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A RESIDENTIAL DEVELOPMENT WITH A MAXIMUM OF 60 DWELLING UNITS, KNOWN AS THE SANDALWOOD RPUD, LOCATED WEST OF LiVINGSTON ROAD, ON THE SOUTH SIDE OF THE FUTURE EAST/WEST LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.6 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R & S Development Company, LLC, represented by Kelly Michele Smith of Davidson Engineering, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida. is changed from the Agricultural Rural (A) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a residential development with a maximum of 60 dwelling units, known as the Sandalwood RPUD in accordance with the Sandalwood RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ~ PUDZ-2004-AR-69321HW!sp Page I of I Agenda Item No. SB February 14, 2006 Page 32 of 55 SANDALWOOD A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: R & S Development of Florida LLC 8880 Terrence Court Bonita Springs. FL 34135 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 Exhibit A DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Agenda Item No. 8B February 14, 2006 Page 33 of 55 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES PAGE ii STATEMENT OF COMPLIANCE iii SHORT TITLE iv SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III: RESIDENTIAL DEVELOPMENT REGULATIONS 3-1 SECTION IV: PRESERVE AREA 4-1 SECTION V: DEVELOPMENT COMMITMENTS 5-1 EXHIBIT "A" EXHIBIT "B" TABLE I LIST OF EXHIBITS AND TABLES PUD Master Plan Conceptual Stormwater Management Plan Development Standards ii Agenda Item No. SB February 14. 2006 Page 34 of 55 Agenda Item No. 8B February 14, 2006 Page 35 of 55 STATEMENT OF COMPLIANCE The development of approximately 20.58 acres of property in Collier County, as a Residential Planned Unit Development to be known as the SANDALWOOD RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The community facilities of the SANDALWOOD RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE). 2. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 3. The project development is planned to protect the functioning of natural drainage features and natural groundwafer aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 4. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. The Urban designation allows for a variety of residential and non-residential land uses. 5. All final local development orders for this project are subject to a concurrency review pursuant to the LDC and also as required by Objective 2 of the FLUE. 6. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed density of 60 units is 3.1 units per acre (19.34 acres x 3.1 units per acre = 59.95 units), which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with the FLUE Policy 5.1. in Agenda Item No. 88 February 14, 2006 Page 36 of 55 SHORT TITLE This Ordinance shall be known and cited as the "Sandalwood Residential Planned Unit Development Ordinance". Iv Agenda Item No. 88 February 14,2006 Page 37 of 55 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Sandalwood RPUD. 1,2 LEGAL DESCRIPTION The subject property being 20.58 acres, is located in Section 13, Township 48 South, Range 25 East, and is fully described as: BEING THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LYING AND BEING IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, BEING 10 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA SUBJECT TO A FIFTY FEET (50 FEET) MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING TWENTY-FIVE FEET (25') ON EITHER SIDE OF ALL SECTION LINES, INCLUDING QUARTER AND HALF SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. TOGETHER WITH: O.R. 2403 PAGE 2786 NW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is owned by R & S Development of SW Florida, LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located west of Livingston Road, east of Imperial Golf Course and south of the Mediterra project. B. The subject property is zoned Rural Agricultural. It is proposed to be rezoned to a residential PUD for single family development. 1-1 Agenda Item No. 88 February i 4, 2006 Page 38 of 55 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the ditch located along the western property line of the project. The vegetation on the subject property includes pine flatwoods, pine, cypress, and melaleuca. A strip of land adjacent to the western property line was previously cleared to provide access for the construction of the North Naples Middle School. Natural ground elevation varies from 14.49 feet to 12.17 feet NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. 1-2 Agenda Item No. 88 February 14, 2006 Page 39 of 55 SECTION \I PROJECT DEVELOPMENT REQUIREMENTS 2,1. PURPOSE The purpose of this Section is to generally describe the project plan of development and to identify relationships to applicable County ordinances, policies and procedures. 2.2, GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. Sandalwood RPUD is a residential development. The project will consist of single family homes and associated amenitities. B. The RPUD Master Plan is illustrated graphically on Exhibit A. A Land Use Summary indicating approximate land use acreage is shown on the plan. The location, size, and configuration of the buildings shall be determined at the time of building permit application in accordance with the LDC. 2.3, COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sandalwood RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the GMP and the LDC which are in effect at the time of issuance of any development order to which the regulations relate. Where this PUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application to which the definitions relate. C. Development permitted by the approval of this RPUD will be subject to the Adequate Public Facilities provisions of the LDC. D. All conditions imposed herein or as represented on Sandalwood RPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. 2-1 Agenda Item No. 88 February 14, 2006 Page 40 of 55 2.4. LAND USES The location of land uses and general project configuration are shown on the RPUD Master Plan, Exhibit A. Changes and variation in building, location and square footage shall be permitted at the time of site development planning to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of the LDC. The specific location and size of buildings and the assignment of square footage or units shall be determined at the time of building permit application. 2,5, USE OF RIGHT-OF-WAY The developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within private rights-of-way within the Sandalwood RPUD, subject to permitting agency approval. 2.6. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models and model sales centers shall be permitted principal uses throughout the Sandalwood RPUD subject to the requirements of the LDC. B. Temporary use permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan (SDP) application(s) for residential models, may be submitted concurrently with applications for preliminary subdivision plat (PSP). to depict the location of the model units within future planned lots. All model units shall be located on lots that will be platted through subsequent development order approvals. C. The sales center may be serviced by temporary well and septic systems. These uses shall be subject to the requirements of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under Chapter 64E-6, Florida Administrative Code and may use potable water or irrigation wells. 2.7, PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required, submission, review, and approval of PSP for the project may be accomplished in phases to correspond with the planned development of the property. 2-2 Agenda Item No. 88 February 14, 2006 Page 41 of 55 2.8, OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS A. The RPUD shall comply with the open space and native vegetation requirements of the LDC. Specific preserve requirements are established in Section IV of the Sandalwood RPUD. B. The preserve area shown on the Conceptual RPUD Master Plan encompasses approximately 2.64 acres. The subject site contains approximately 17.45 acres of native vegetation. Retention of 2.64 acres of Preserve exceeds the required 15% native vegetation preservation of the LDC. 2.9. SURFACE WATER MANAGEMENT The water management system for the project will be permitted by Collier County. Surface water management areas for the project will be designed according to South Florida Water Management District and Collier County design standards. The system shall attenuate the 25-year 3-day storm event as well as meet current water quality treatment criteria. The project shall provide water management within the required preserve area. 2.10. ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and shall be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks shall be provided in accordance with the LDC. C. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval. The Preserve Management Plan shall identify methods to address treatment of exotic species, fire management, and maintenance. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. E. This RPUD shall be consistent with the GMP, Conservation and Coastal Management Element and the environmental sections of the LDC in effect at the time of final development order approval. 2-3 Agenda Item No. 88 February 14, 2006 Page 42 of 55 F. This RPUD shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. G. All approved agency (SFWMD, U.S. Army Corps of Engineers, FWC) permits shall be submitted prior to final site plan/construction plan approval. H. Perimeter berms and swales shall be located outside preserve boundaries. I. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback. K. Native plantings in all three strata shall be required to be added to the preserve areas where there is removal of non-native and/or nuisance vegetation all in accordance with the LDC. A planting plan shall be submitted at the next development order. L. Any existing easements, including the right-of-way easement located on the western boundary of the property, will be vacated prior to approval of any site development plan or final plat. 2.11. UTI LITI ES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with all County Ordinances, as amended, and other applicable County rules and regulations. 2-4 Agenda Item No. 88 February 14, 2006 Page 43 of 55 2.12, TRANSPORTATION The project entry will be from Veterans Memorial Boulevard, which is a proposed roadway. The developer shall construct a temporary roadway within the right-of- way as shown on the RPUD Master Plan prior to building permit issuance. The temporary roadway shall be designed and constructed according to County standards and shall be consistent in design with the temporary roadway to be constructed as part of the proposed elementary school on the adjacent property to the east. The connection of these two temporary roadways will provide access to the project from Livingston Road. 2,13. COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surtace water management system, shall be provided by the developer, or its assigns. Whenever the developer elects to create land area and/or recreational amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, the developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC. 2,14, DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC. 2,15, LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout the Sandalwood RPUD. Required buffer treatments shall comply with the LDC. The following standards shall apply: A. Landscape buffers contiguous to rights-of-way shall comply with the Type D landscape buffer as described in the LDC. B. Landscape buffers contiguous to residentially zoned properties shall comply with the Type A landscape buffer as described in the Land Development Code. In cases where an amenity is located contiguous to residentially zoned properties a Type B landscape buffer shall be provided. C. A 15 foot wide Type B buffer shall be installed and maintained by Collier County on the proposed County well-site tract. 2-5 Agenda Item No. 88 February 14, 2006 Page 44 of 55 D. All other landscape buffers shall comply with the Type B landscape buffer as described in the LDC. The 15 foot wide Type B landscape buffer adjacent to the eastern boundary of the project may include a berm and masonry wall to be shared with the adjacent North Naples Elementary School property. Said berm and masonry wall shall be constructed and maintained in accordance with the applicable LDC regulations. 2,16. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction operation/management office and leasing office may be constructed after zoning approval but before construction of any principal structures. 2,17. SIGNAGE All signs shall be in accordance with the LDC. 2.18, ENGINEERING Except as otherwise provided within this RPUD Document, this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. 2,19, PLANNING Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2-6 Agenda Item No. 88 February 14, 2006 Page 45 of 55 SECTION III TRACT R RESIDENTIAL DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of this Section is to set forth development regulations for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A". 3.2, MAXIMUM DWELLING UNITS A maximum of 60 dwelling units may be constructed on the 19.34 acres which remains after subtracting land that is within the Veterans Memorial Boulevard right-of-way and the proposed County well-site tract. 3,3. PERMITTED USES No building or structure, or part thereof. shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: 1. Single family detached dwellings B. Accessory Uses: 1. Customary accessory uses and structures, including clubhouses, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities. 2. Project sales and administrative offices, which may occur in a residential building and/or in a temporary building until such time as permanent structures are available. 3. Model dwellings during the period of project development and sales. 4. Signs as permitted by the LDC in effect at the time permits are requested. 5. Any other use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA). C. Prohibited Uses: 1. Storage or utility sheds 3-1 Agenda Item No. 88 February 14. 2006 Page 46 of 55 3.4. DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. The RPUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into all residential structures. Buildings will feature unifying and complementary design elements such as roof treatments, building materials and building colors. To reduce building mass, architectural design treatments such as articulated roof lines, balconies, building offsets, and unified landscaping will be provided. The individual buildings will vary in size and configuration, and will combine several unit plan choices in one and two story structures. B. General 1. All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. 3-2 Agenda Item No. 88 February 14, 2006 Page 47 of 55 DEVELOPMENT STANDARDS "R" Residential Areas TABLE I Requirements Minimum Lot Area Minimum Lot Width . Interior Lots . Corner Lots Minimum Building Setbacks . Front yard . Side yard . Rear yard . Preserve boundary Minimum Floor Area . One story . Two Story Maximum Height Principal Use 6,000 sq. ft. Accessory Use N/A 50 feet 55 feet N/A N/A 20feet' 6 feet 10feet 25 feet SPS3 6 feet 10 feet 10feef2 1.000 sq. ft. 1.000 sq. ft. 35 feet 100 sq. ft. 100 sq. ft. 25 feet 1 The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without encroaching into the sidewalk. Should the garage be side-loaded, plans must ensure that parked vehicles will not interfere with pedestrian traffic. 2 Includes accessory structures and all other sife alterations. 3 SPS = Same as Principal Structure. 3-3 Agenda Item No. 88 February 14, 2006 Page 48 of 55 SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", RPUD Master Plan. A minimum of fifteen (15) percent of the existing 17.45 acres of native vegetation shall be devoted to natural habitat preserve area as described in the LDC. 4.2, PERMITTED USES The PUD Master Plan provides for 2.64 acres of upland preserve area which is in excess of the 15% native vegetation preservation requirement. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations in accordance with the LDC and GMP Policies. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following and subject to permitting: A. Permitted Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection to the preserves in accordance with the LDC. 2. Water management detention and structures, excluding a perimeter berm. a. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply 4-] Agenda Item No. 8B February i 4, 2006 Page 49 of 55 with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management purposes. 3. Native preserves. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA.\ B. Prohibited Uses 1. Fences and walls. 4-2 Agenda Item No. 88 February 14, 2006 Page 50 of 55 SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2, GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer and any successor or assignee is bound by the commitments within this Document. 5.3. CHANGES AND AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan as provided in 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. 5.4, SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of the LDC. B. An annual monitoring report shall be submitted pursuant to the LDC. 5.5, PUBLIC UTITLlTES As indicated on the Master Plan, at no cost to the County or to the Collier County Water-Sewer District (CCWSD) a utility easement that applies to the specified 1.24 acre tract of land shall be conveyed by deed to CCWSD for installation, operating, maintenance, repair and/or replacement of a CCWSD ASR well and/or related water pump house upon approval of the Sandalwood RPUD. The developer of Sandalwood RPUD shall be provided with the opportunity to receive irrigation water from this ASR well solely for on-site irrigation purposes, and subject to the generally applicable irrigation matrix because nothing herein grants any priority to this development to any irrigation water. 5-1 Agenda Item No. 88 February 14, 2006 Page 51 of 55 5.6. TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Lighting shall 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 RPUD 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. No. 01-247). as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. 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 (Res. No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 5-2 Agenda Item No. 88 February 14. 2006 Page 52 of 55 H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If. in the sole opinion of Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. The developer shall be responsible to design and build the southerly two lanes of the future six-lane Veterans Memorial Boulevard adjacent to the property frontage. The design shall meet the standards set forth by the Collier County Transportation Division. M. The proposed development shall accommodate the stormwater run-off of the southerly 3 lanes of the future six-lane Veterans Memorial Boulevard adjacent to the property frontage. N. The developer shall provide compensatory right-of-way for a future eastbound right turn lane if deemed necessary at the time of development order application. O. A noise mitigation wall adjacent to future Veterans Memorial Boulevard, if warranted by improvements to future Veterans Memorial Boulevard, shall be the responsibility of the developer and not Collier County. P. At the time of site development plan approval, the developer shall coordinate a pedestrian interconnection between the subject property and the future elementary school to the east should such an interconnection be deemed necessary by Collier County Public Schools. 5-3 Agenda Item No. 88 February 14, 2006 Page 53 of 55 5. 7, POLLING PLACES Pursuant to the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. 5.8, AFFORDABLE HOUSING The developer shall make a payment of one-thousand dollars ($1,000) per dwelling unit to the Collier County Affordable Housing Trust Fund at the time of building permit approval for each dwelling unit. This commitment and the subsequent payments may be credited against any subsequently adopted affordable, work force, and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other similar tax or charge which would otherwise be applicable to the RPUD property, as may be so contemplated by such subsequently adopted provisions. 5-4 -"'-"'-"'-'''-1f~~_:'~-~~-'::::-':-_7':''::::-;:::-~-=-:::'~~~':;.f~::;;'::;;;-;~~=~~;-~~~ --~::::':_-:~4_-_-~_-_-"::-_-_-_-_-_-_-_~_-_-_},-_-_-_-_-j_ - -- - ----- ------ -- -- -h 1\ " I II ~: :-=.::: I ...., ;,-____ I' ----------- ------- II I ! (';=- -~--=...-.=-=-.=-=-=--~-.:.::-=-.=-==-=--~-.=-~', it:] III I [ : _~ I j~!~ ~ W i~ I ' II I ,I II .-- I~ !% I i I I ! I ! I 11 11 I ! I' I ! I : I E l __JL \ I, L________________...J) J Ii II .- I! \ '- ,:=-.=-=-=--=---:r-=-.=-=-=---=...--=--:::.:-=---=...-.=-:=:-] ;~: ! ~ 'tbll~~~~~~~:~~~~~=~====-l'=~~-~=~====~=~~=~===~======== ==J~ n:_ _....... .. -- 1:"'.:1- ,";:;' I ,-,....... Agenda Item No. 8B February 14. 2006 Page 54 of 55 .. .:::--.. PRESENT ZONING """0. OOW.ruru"''''''''''''''-''''W< '_''''UR'EL<~''''.....""""",- .-"OF<tl<.......S~I""'-'.""""'" ....-.1-0""'"-"""'"''"''''._. NATIVE VEGETATION CALC: To.,O_.'.._ ~.:= I ==::::: :::;::: "'''__ 17....""'" .FLLJCC."""""" LEGAL DESCRIPTION PLANNING ENGINEERING & ENVIRONMENTAL NOTES THE.RO.J.CTS~'"-L"''''''T>!E~roUIR'''"NTSOf'"ECT1ONl.O.,010FTHE''''''0E\IEL0I''''''''COoe. RE""FOO"'GR.T""'''G''''''OR''''R.Ell'''>Kl'.''12'''A~IOFTH''\MIlL.'''''TUW.lYOC~I~O ""OHATIONON-8rn,I~Clu"""OOOT"""',""R8T""Y""'D'''.''''OU''''COVE",'''F'HA8IZI~OTH'lAAOEIlT COP<TIOUOU5....e.o."""S"'~ 8E""OTHES"""""""ST'''''''T-<ENORTHWEn'''''''Tl-teNOA""",,,,,ST Il<.lTl"".....O ".'NO IN SECTION 1l.TOWI<SHIP'.SOI.ITH,>W<0E20 EAST "EIN01a..eRES"00E0Al-"SS. C'OUIERCOUNTY,n""""'SiAJEC;t lOA"'FTYFE.'I..FHTj....TlJAlR.."T<)F-WAYE.osE..ENTEXT.NO..O """NTY-fIVEFEETrl"IOt<EIl><ERSI~O'AlJ.9E[;11ONClNES,lNClUDo;O QU....TER....O""'-'SEC;t'ON L1NES,WH'CHEASEMENTJSFORTHE USE >HJ.EOIffITOFT"E""""""NT""OPERTYOWNERS THEC<lNf"URATI0t<,AlION"(NTI'<N051ll0'NATlVEVEGI'TATIONRETENTlONAAEAS,ACcESSPO'NT'S PUllClC...ccessEASE..."TS.....ORJ(If1T.QF.""'VS....EC<l'ICEPllJAlINNATVREAM>BtRlECTTO MOO<F1CATlOND\.rETOLOCAl.STAT(.I'<NOFEOERAlPlaJlMITTl""REQOIRE...NTS,ORREQU'REUEf/TS [NCOUNTEREOD',"INOFlNAL~LATO""'TEoeve,OPt,lENTf'l.ANPREPAAATlON TOGETHeRwrll< O_R. I_PAGE I"" ~R..""'VI;;ARLO.S.....,ySERVI;;"".UFFE"""".ESU~PLO..O""'OWflliAllOITIOOIAl"'.-Jl\IE......,.""'TE""'--". "'N'''_'CA.LE TO....T REOU'FlEDWPFE" ""fH".... TOTAlONSITE'NUIGENOUSPIlESERVEWlliIlE2,6<ACRESWHICH'SSHOWNONT1<E.......TER"""" ANOElCCEEOSTHEPIlE!lEf>\IE.Il!'QU"E"'EN'fOF2.8'..eR.ES ..... 11. OF TH. """14 Of n-E Nw '''OF SECTION "I. TO'M<ISHIP," SOOTH, RANC"ISEAST,COLCI""COIJNTYR(}IlIOl\.COOJTAlNINOeoo,1l6741 SQuARE'EETOR"'.~'AC"ES"",""ORLUS. AT""ET"'FOF",""~F\lELOPUe>IT",ANA""""VAI tHEoevel1l~"S><AlL""""'O'''''TEAPF''''5TR'''N INTEr<ro_CflON8EtWEeN THESVWECTPRClI'eRTvANOTHe FUTlJR.-......NT""'""SCHOOltO'H......T SHOOLD5UCH.....INTEROON~eCTOON5EDEe...w..'~.........VaYCOl..,""COUNTYf'JIllICSCHOOCS. "';Sell"""'" "'''' JJK 'L'.60 ,-"."".,,,, SAf'lIl,jLWOODI:STATES "UO MASTER "LAN . EXHIBIT~A- SHE..- 1 0' 1 DAVIDSON ENGINEERING INC. 2154 TRADE CENTER WAY. SUITE 3 NAPLES. FLO~IOA 304109 PHONE 12311) 511-3018 FAX 123l1J 507.$195 COMPANV'D.NO.OOlJOHlIII R&S DEVELOPMENT COMPANY, LLC 868!1 Tn""" Coort BonllaSpnngs, FL 34135 Agenda Item No. 88 February 14. 2006 Page 55 of 55 .. ----------------- ------------------------------ -:,":-,.. 'M_~_'_'~ 1f--=-..::r-~-~-~- ~::=;:,-:.-M_:..~-:.:::=:f:;::::.:':"~lo&~.;_:.~_:~~_;;~~ _~=~~_l: _ _ _ _ _ ~,I I~ .....-.....--.".-. . , I I ';',' .'.'.'. ~/ ,"ell I I. , . . . . / :~l ~~= II' , ' . . I t=~l 1--;'------ ,'.'......./1 __ ___________ --- 1\ I !~~ : : : : : : : :r Ir/r=-~-~ ==-=---~~-~=-=-=== .::-~~\!~~S ~ I'..,.....': I i I _T I! (1,- I . ',~. ' . q Ii I I :' II -- f','.I".',': ' I! 'Ib 1\.:';';": Iii Iii Jill =1t::::::: \ \ L_____~____________!) J~ il II '" \.... ,\ \ ,,'.----- ------1------------------ ------] -. " . ~ . . , '\\. __ ___ ________ --- _"".:....11.. I' . . . · --,' . !~.:.:': <:. >, I II : ,. . , . . ," II I ~I ~~~._..:?:;~~.J :c:cdJ} .----' ............ - 1_.___ ~...." PlANNING ENGINEERING & ENVIRONMENTAL NOTES, i I I 1- ___' L II~._ *-- -=""" PRESENT ZONING - . . ~""'.'LJru.E"'U""""-_ '_l'lJTu,,""',",","",SCIOCIOt ..NOImt~"""''''O''-'!IC""",- ""O-..OO'YK_O"'NGI....~IlY EXISTING SITE BREAKOOWN .._""_..... C."'''''''''' ~:;....... -.. :,:~: PROPOSED SITE BREAKDOWN' :::::::::"'...':':. '~:= ;=~=:--_. ,;,::cc:: I ~l I--~= ~ . -.-- ,.-;-:-] L...:..J LEGAL DESCRIPTION YH~PROJEc1S~I'Ul.lEcr1><EREQUIRBlE~TSOFSECYIOH3,05,07QFTHElANODE\lElCIf'I>IENl"COOE. ~Eo.o.Fm",G RET"~"'G A~OIO~ PERSE""'..a m. (~~. """''") OF 1><E "'_E NATU......ly ClCullAlNG ""'GeT.TICIN ON_SITE., 'NCl.UOl~O !lOTH U~OE"";-Qf!Y ANQ 1><8 """uND CQVE~, E...PHMIZ",'" "'E L.>J<OEST O<lHTlGlK>U8'~PQSS"'lE. MOPQ..OImJ......"'......,. .,"'OTHE.<lIJTHWEET,,,,,,,, TiiE NDRTHWE.T1J<QF","........."..1lT ',..,lYINOANP.E...O'NUcnoN'I.TCWN.H....SOU"',....NOE.. EAlIY,""''''''"ACRES~Q...''''1.E88,DOLUERDOUN1"T,A-Q~'MS!J8JEc;- m,F'FTVFEETI"f.SETl...lITUALR",HTJ;)f'''''.VEASEMENT!O>(TENOING 1'WENTY.FIllEFEETI"'IOHEItHERSIOEOfAI..LSEC'!IOHl...EE,JoIC1.UOI"" OlWlTERIiIlDtW.FSECllOHlINiES-WK1CHEAllEMENTOSFDRTHElJ9E AMl SENEi''' OFT...>.o....OENT Pfl<lPER1Y """"ER8 THE CONf'IOlRA11OIl,AL'U"""'NTAAO"ZE Q'NA'nYEvEOETATlONFlEre""'''''''''EAS,,",,,.:>S''''INYII, PuallCN;CESSEASEloIENTS.lNOR'ONl".<J'-W"YllAAECONOEO'ruAlIN....TURENlDS>JB.A;crTQ ...OOIFlCI\To:>NOUETOlOCAl.,STA'I"E.ANO"EOEAA1.PEIWITTINOREQU,FlEIlENY8,CIRREOUIFlEoroolTS ENCOUNl"EREOOUR1NOFIN"PlATORSIYEOEVElQ""'ENTfV,NP""..........TION ... =~=:-~....,- ; =-~~~,;,.ro,:="'Ei.o ~ ~-;:;-..::::"-"-''''- .""SERVE........s....Y "''''''''''"UFFl!''''CIR "ESU.PLE...ENTEOWl1><"OOmm'AL.....T"'" "'-"'.,....TERIAlS, .......l'CAetETQ""...-~.""'''''OIhlF'"''''''''''~'''- Y""rn<E~wrfH, Q.R".0(J3PAOUn. TDT"'-ONBITE'..O..E..QtJSPft.SE"""W1""E2...ACRES,WH'CHISSHOY<NONTHE......,ER........ ANOEXCEEOS"..,PRESERYER,Q"'FlE"'ENTOF2."ACREB ~ NW''''OF....ENWII4QFTHENW'''Q'SECTKlN13,ToW>ISHIP'BSCM.JIl<. IW'GEZOEAST,COLUERCOONTYFLDRIIlA.CONT......NO...,M1A' SllUAFlE'EETCM'l,",5BOACRES"'QRE<lRLESS S'ORMW.1ER..._GE...ENTANOUTllrTIES"",Hr:mNI.RECONCEI'TlJIIL. 1><ES1OR......ER.........G.~ENTSYS;EMWllCSEDESIGIEDACCOROlNGT<lT1<ESOO1M'CQRIOAWA1ER ........wJE~ENTOtSrnlcrS.aASISClfRE\OEW"CRITERIA. .__""'''''''.......~....,..RI'lH<_..T.......'~l>>OOS'''OC-''...ElrT cue"", lIE"""'l'Q' R&S DEVELOPMENT COMPANY, LLC BIllI91Gm>ceCoun BonlliSprlng..FLJ4135 DAVIDSON ENGINEERING INC. 2154 TRADE CENTER. WAY, SUITE 3 NAPLES. FlO~IDA34109 PHONE(239j597~116 FAXIUlj597-5195 COMP"''''YID.NO.OOOOHlle SAIoiDALWOODESTArt:,S <XlN"""'....'."'R..."'...._"....... ...........,. lJK ".on>' )JK ,'.60 ";."",'" SO<,ET 1 "' 1 Agenda Item No. 8e February 14, 2006 Page 1 of 80 ,-. EXECUTIVE SUMMARY PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A, and R. Bruce Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8, 2005 to October 8, 2007, The subject property, consisting of 40,88 acres, is located on the east side of Collier Boulevard (CR 951), approximately 'I. of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida, OBJECTIVE: To have the Board of Zoning Appeals consider a request for a two-year extension of the development time limit of the ASGM Business Center of Naples PUD as well as ensuring that project is consistent with a\l the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: ,-. Section 10.02.13.0 of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners. and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved after October 24, 200 I, as the ASGM Business Center of Naples PUD was, if on the third year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. The LDC allows PU D projects to be considered for up to two, 2-year extensions. This petition seeks approval of the first allowable extension for a term of two years. The requested extension would allow the applicant to obtain necessary development approvals in order to develop under the auspices of the existing PUD document. The project was rezoned from the Rural Agriculture (A) Zoning District to Planned Unit Development (PUD) on October 8, 2002 to a\low for development of a business park to include light industrial uses on a total of 40.88 acres. The subject property was obtained by the applicant in August 2005. Based on the adoption date of the PUD, which is October 8, 2002, the PUD sunsetted on October 8, 2005. This did not give the new owner enough time to obtain final development approvals for development of the site. Environmental Resource Permit (ERP) applications have been under review by the South Florida Water Management District and the U.S. Army Corps of Engineers for over a year. The PUD remains entirely undeveloped at this time. Synopsis of Approved Land Uses: ,-. The PUD document that was adopted as part of the previous rezoning approval (Ordinance Number 02-47) contains the list of uses approved for the project. The permitted uses are business services or light industrial in nature. For this extension request, no changes are ASGM Business Park of Naples PUD, PUDEX.2005.AR.8478 Page 1 of 4 J\genda ttern i'~o> ec February 2006 Page or 80 proposed to the PUD nor are any changes proposed to the Master Plan. No changes can be made to a PUD as part of a request to extend the sunsetting date. The PUD, if extended, would retain the approved development intensities that were granted in 2002; any changes would require a separate amendment petition request. The land uses surrounding the ASGM Business Park of Naples PUD is surrounded by land uses that were deemed compatible when it was rezoned. The subject property is located on the east side of Collier Boulevard (C.R. 951), north of the Silver Lakes MPUD, which is an RV resort. The property to the north is zoned for commercial and multi-family development, and the property to the east is undeveloped Estates zoning. Consistency with thc Collier County Growth Management Plan (GMP): FUTURE LAND USE ELEMENT The subject property is designated Urban Mixed Use District. Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The 2002 rczoning action was deemed consistent with the GMP; no changes are proposed to the PUD document or the PUD Master Plan, therefore the PUD remains consistent with the GMP. The Urban-Mixed-Use District (as discussed within the Future Land Use Designation Description section of the Future Land Use Element (FLUE)) contains the following language: 'This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments." TRANSPORTATION ELEMENT Transportation staff has reviewed the PUD extension based on the review criteria found in section 10.02.13.D.6.b.i-iii of the Land Development Code and with reference to the current Growth Management Plan (GMP) as it relates to consistency. Sections 5.1 and 5.2 of the Transportation Element in the GMP arc used for the review of current rezone applications and are considered to be the benchmarks for review of PUD extensions to determine consistency. Under the present conditions the PUD would be found inconsistent based on the above criteria. The Board of County Commissioners may wish to consider the language in 5.1 with reference to mitigating stipulations. The owners of this PUD arc pursuing an area-wide developer contribution agreement that could result in an improvement to the adjacent roadway network which would provide adequate capacity lor this project. Consistency with the Collier County Land Development Code (LDC): Section I 0.02.13.D. of the LDC requires the Board of County Commissioners to make formal tindings to support approval of a PUD extension request. Staff offers the fo\lowing findings for consideration by the Board of County Commissioners: --'"'- 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including. but not limited to, density, intensity and concurrency requirements (IDC ,flO.02.13.D6.b.i..). ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478 Page 2 of 4 Item No. Be 14,2006 3 oraD TranspOliation staff has found that the PUD is inconsistent with concurrency requirements of the Growth Management Plan and the Land Development Code. Therefore, the PU D is inconsistent with this requirement. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result oj'development approvals issued subsequent to the original approval oj'the PUD :coning (LDC ,\\f0.IJ2. J 3.D.6.b.ii.); and No changes to the surrounding land uses have occurred in this area that raise compatibility issues. The project was deemed consistent with the overall Grov.ih Management Plan, and therefore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (IDC ,~J 0.02. J 3. D. 6. b. iii.)s. The Transportation Services Division staff reviewed the petition and found it to be inconsistent with the concurrency management system. Collier Boulevard (CR 951) has no rcmaining capacity on the segment wherc the subject property is located. FISCAL IMP ACT: Extension of the PUD will have no new ilscal impact upon Collier County. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPe. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. A summary of the legal considerations and findings are noted bclow: . The proposed change has been deemed inconsistent with the Transportation Element of the Growth Management Plan (GMP). It remains consistent with the goals, objectives, and policies and Future Land Use Map and the other applicable elements of the GMP. . The proposed land uses are compatible with the existing land use pattern. . The proposed change is expected to create or excessively increase tramc congestion or create types of tramc deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed inconsistent with Policy 5.1 and 5.2 ofthe Transportation Element of the GMP. . The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private sha\l be provided. ASGM Business Park 01 Naples PUD, PUDEX-2005-AR-8478 Page 3 of 4 Agenda Item No. 8C February 14, 2006 Page 4 ef 80 STAFF RECOMMENDATION: That the Board of Zoning Appeals deny the proposed two-year extension of the PUD time limit to October 8, 2007. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review - ASGM Business Park of Naples PUD, PUDEX-2005-AR-8478 Page 4 of 4 Item Number; Item Summary; M......tlng Date; COLLIER COU'TV eot,RD OF COUNTY COMMISSIONERS !Ie This item continlleo from the J~n"ary 24, ZOO!i Bee Meeting and i& being requested to be lllrther continued to Ihe hlbfU>lfy 28, 2006 Bee Meeting. Tn'$ rtem reQuiros 1M! all participants D!1f sworn in and ex partE disclosure be provided by Commission memb<Jf5 PUDEX.Z005.AR-847B' Ruokery Bay Busln<,>s$ PlUlc LLC repre,<.>nled oy Wayne Arnold, DI Q. Clady MinDr ",nd A&~odatet, PA and R. Bruce Anderson. Df RDr.lze' & Andres., I~ mquesling a 2.year exten,ion I!:t \t,e ASGM Busi~"ss Centm ol'Naples PUO, Th~ PUDwas ntiglf\aliy appmved on Octcb€f 8, 1002 as Ordinance 02-47. .and suns~l on Ociober 6, 2005 TheSUPj<Jctproperty,~(mSisllngof40.1l8acws,isIOCaieQOnthe(laslsldeotColiier Boulevard, ~pproxirnal\!fy of a mile 'CUlll 01 Mani'it!le Ruad, m Section 10, Township 51 South, Range 26 r,nst, CDllierCoumy.Flonda 2!14!200f, 9 00,00 r,M 0.. Approved B)' C'>nstaece k Johnson QIJ'lrati"nsAnalysl Community Oev"lopmen1 & Cummunity p.,"el,-,pmenl /I. Env;ro"menlltS"rvices E"vironmllnlal Servlevs Admin, 1Zi271l1lli512,oapM DOllddLScott Trai1sportawmPI""ni"gDir<icto-r Dal<>rtatioflDiv,siOI1Ad,,,,nisl"lto.>r Dat" Tromspnrtali<:H,S..'vicMAdn"n, t2iW;Z(lOSe,1SAM Approvtd Dy Do. Sandrl! L.... E:~..",utl".. S..c....llll)' 1\lllll'oved By Cnn"llu"ily Ollvolt:>pm"l,j & CGllIl1liln;ly D~v(li"'pm"nl &. Envit""me"'IllIS<>rvi""s Er,v"t>"<!1el)lal S"tv'G<J., A<im;ll, 11JZ3I2005!1;4tAM R"l'Eklll."'v,", Cnmmu";tyo,,veh'pnll;ut& Environ",..nlaIS..rvi",,,,, Ch,<lfPllu'1fiOr "", Z"nill>l & wmd o..vtliopn..",[ R"vlllw 1i~,'ZOO; 1:0BrM 2:oning & Lanll O'JVeI",!,m~n! Dl~~'1<.>r Oal.. Approved By Susan Murr1>y,AlCP C"mmuniw[l<ov"lo",m"n!& Ellvi'<Jt1"'entalSl'rvicM ZoniIlQ&LllllrlD"",.jopmenIR..v\<l-w U!l!ZGG6C:$1I1.M Apprnved By Assi~lmrt C",.mty r,\'1'nn"l' 00, M'\lj<J,;pM,SHHjl'n1 C..,unlyAtt<>rrMlY C""ntyAt\()f!1eyOfticl! 1!\fU:!(1063:37PM App,.oved By ~", Jo..ephK,Schmitt Cnmlnu"ityDpVilll:>pn",,,I& Enlliwl111'H!ntaIS..rvioP$ C""",,,,nityO<Ivcl"pme"t& EnYiroum.,ntaIS..rvi~"'sAdmi"slt1l1<>r ComnH,,,;ly D~"!>\"p,,,"'nl &. E"virt>l1rrn1nl"rS"",iC<J.~A(jmin, lIHI12MGS,19PM AllPl'oved By Admi,,,,rtr,,-t;v~,,~..;st"nt o,w OMBCoonlimrtor Cout>t~ M"l1ager'$Off;el> OfhC<lclMa""'J"m..nt&Bud!!"1 li1i12(!O~lG:nAM Approved By BUd!l"lAnll.1Y$\ Dal" M'lrkhacb",n COllnty MHn~g.,r"$ Oftic" Of1ice of Mana'l"mel1t & Budqat 1'1Zf:lOf161Z,01PM CtflllitI'M"""\!'" D., Approved By J.o1mesV,Mudrl e"",doICoun\y C"mm;~,"'ner$ C(lUn'Y M"n;'!l"'<~ om"" 1IUr;:tJO'J1Z,18PM c::::::..c,~....".. c::::::..c,'&-<<, .,....:t:.y .7.(qer,oaTlerril'lO:tlC - PUD~~~4'OO6 PROJECT ~tffl;(l(j600 DATE: 10/12/05 HEIDI WILLIAMS APPLICA nON FOR PUBLIC HEARING PUD EXTENSION 1. General Information: Name of Applicant(s) Rookery Bav Business Park. LLc. C/O Maury Dailev Applicant's Mailing Address 1083 North Collier Boulevard. Unit #1 13 City Marco Island State Florida Zip 34145 Applicant's Telephone # Fax # Applicant's E-Mail Address Name of Agent D, Wayne Arnold. AICP Firm O. Gradv Minor and Associates. P.A. Agent's Mailing Address 3800 Via Del Rev City Bonita Springs State Florida Zip 34134 Agent's Telephone # 239-947-1144 Fax # 239-947-0375 Agent's E-Mail Addresswarnoldlalgradvrninor.com Name of Agent R. Bruce Anderson. ESQ. Firm Roetzel & Andress Agent's Mailing Address 850 Park Shore Drive. Trianon Centre - 3rd Floor City Naoles State Florida Zip 34103 Agent's Telephone # (239) 649-2708 Fax # (239) 261-3659 Agent's E-Mail Addressbanderson@ralaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 Revised: 02-18-04 Page 1 of9 Agenda Item No. [Ie February 14, 2006 Page 7 of 80 , Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: 4 [6- il4 B.. J:-_,""r /'~-~.. ~-F Air {, ( ,0,....., ~j /J.fJ"&>~. <;1. 8.....,.. ^ "..(....,... Mailing Address ~. ",-1""" I ...4...J..cu City ,AI.,. Id State F"L-Zip sIT /D;r liSo p,.,.krJ".."c 1>.... -1...4 f:/.... Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. If the property is in the name of a TRUSTEE, list the name of the Trust and the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Revised: 02-18-04 Page 2 019 Agenda Item No. Be February 14, 2006 Page 8 of 80 d. If the property is in the name ofa GENERAL or LIMITED PARlNERSHIP,list the name of the general and/or limited partners. Name and Address >1('&>0 ta/ '" ~t..:.. r Percentage of Ownership Sf?..... r6'1~' c.....1 ~I./~'::-L 7.J11(3 7~ to... ~::~~;?';~~D;~;1j~~~~j ~_~ e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (,,) leased ( ): AUGUst 2005 Term oflease --YTS.lmos. If, Petitioner has option to buy, indicate date of option: and date option terminates: . or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form, Revised: 02-18-04 Page 3 019 Agenda Item No. 8e February 14, 2006 Page g of 80 3. Detailed leeal descriotion of the orooertv covered bv the aoolication: (If space is inadequate, attach on separate page,) Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 10 Township: 51 Range: 26 Lot: Block: Subdivision: Plat Book: _ Page #: Property 1.0.#: 00732800002 Metes & Bounds Description: Please see attached boundary survey. 4 . Size of orooertv: ft. X ft. = Total Sq. Ft, _ Acres 40,88ol= 5. Address/eenerallocation of subiect orooertv: Located on the east side of Collier Boulevard. approximately V. mile south of Manatee Road. 6 . Adiacent zonine and land use: Zoning N RMF-16(8). C-4 ,vi S Silver Lakes PUD Land use Undeveloped Residential. Prime Outlet Shopping Center Silver Lakes RV Resort M PUt. E Estates Undeveloped W A and 1 u:n~ Undeveloped Does the owner of the subject property own property contiguous to the subject property? DYes [gI No If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property 1.0.#: Metes & Bounds Description: Revised: 02-18-04 Page4019 7. Detail to explain extension request: AGenda !tern No. 8e vFebruary 14, 2006 Page 10 of 80 a, Has this PUD received any previous extensions or amendment approvals? DYes [gJ No If YES, please indicate the date of approval(s) b. Has any portion of the project been developed? DYes [gJ No If YES, please provide a written analvsis of the amount of existing development using the criteria listed in LDC Section 2.7.3.4.1 or 2.7.3.4.2., as applicable. c. Has the PUD sunsetted? DYes [gJ No When? If NO, please indicate the date that it will sunset: October 8. 2005 Please.explain why the PUD was allowed, or will be allowed to, sunset: Section 10.02.13.3.D of the LDC provides for PUD extensions prior to determination ofPUD sunsettinl!. It is the intent of the PUD extension to avoid sunsettinl! and to obtain a two vear extension of the PUD. d. Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that have occurred: Please provide copies of all PUD documents for the original approval and all subsequent actions, The PUD was originally approved on October 8, 2002 as Ordinance 02-47 e, An extension can be requested for up to two years, for a maximum of ten years total from the original approval date. Please provide the original approval date: October 8. 2002 How many years extension is requested? Two to what exact date? October 8. 2007 8. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions, You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 9. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Revised: 02-18-04 Page 5 of 9 Agenda Item No. 8C February 14, 2006 Page 11 of 80 10. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. Twelve copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced 8y," x II" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation]. c. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action (LDC 10.02.13). Include additional materials and documentation in support of the extension, as necessary. Revised: 02-18-04 Page 6 of 9 Aoemia Item No. 8e February 14, 2006 Page 12 of 80 APPLICATION FOR PUBLIC HEARING PUD EXTENSION ASGM Business Park PUD Evaluation Criteria Exhibit 10.c The applicant is seeking a two-year extension of the ASGM Business Park PUO (Ordinance No. 02-47) in accordance with LDC Section 10.12.13. A variety of light industrial, business services, and other primary business park uses are permitted within the PUD, which are intended to provide economic development opportunities in areas of the community outside of Activity Center locations. The ASGM Business Park is consistent with the Business Park Sub- District of the Future Land Use Element of the Collier County Growth Management Plan. The property has recently changed ownership, and copies of the new property deed and ownership information are provided in the PUO Extension Application, The applicant is seeking and has a pending Environmental Resource Permit (ERP) application under review by the South Florida Water Management District and the U.S, Army Corps of Engineers, The applicant is unable to obtain local development order approvals from Collier County until the ERP is approved by both the state and federal agencies. Approval of the ERP is anticipated in mid- 2006, Concurrency is determined at the time of local development order approval and the ASGM Business Park will be subject to a concurrency review at the time of subdivision or site development plan application. The project remains compatible with existing and proposed uses in the surrounding area. No land use relationships have changed since approval of the ASGM Business Park in 2002. The PUD provides appropriate buffers and development regulations to maintain compatibility with existing and future development on adjacent properties. The approved project will not place an unreasonable burden on essential public facilities. Water and sewer services will be provided by the Collier County Water and Sewer District and fire protection is prOVided by East Naples Fire Control, located less than 11. mile from the subject property. As discussed above, the determination of concurrency with respect to all Collier County capital facilities will be determined at the time of local development order approval. The PUD extension is consistent with the criteria established in the LOC for granting a two year extension of the ASGM Business Park PUD. Furthermore, the ERP application has been pending with the SFWMD and U.S. COE for over Agenda Item No. Be February 14, 2006 Page 13 of 80 one year. This state and federal regulatory process is consistently requiring longer review and approval time frames, which in turn limits an applicant's ability to obtain local development approvals necessary to fulfill the time limits established in the LOC. Based on satisfaction of the evaluation criteria and the pending ERP application, the requested PUO extension should be granted. SUBMITTAL CHECKLIST I\genda 1tem "'Jo. Be February 14, 2006 Page 14 of 80 THIS COMPLETED CHECKLIST MUST BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application, with additional required documents 12 X 2. Copy of Approved PUD Ordinance 12 X 3. Copy of Deed(s) and list identifying Owner(s) of all 2 X Partners if a Corporation 4. Completed Owner/Agent Affidavit, Notarized 2 X S. Master Plans 12 X 6. Aerial Photograph 2 X -'-- 7. Review Fee S1000.00 X OTHER REQUIREMENTS: After initial review of thl request, staff will determine what if any additiona information may be required to substantiate the request. The applicant's agent will be notified. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. r-7"-'- ~~'-.. -__.1 ) , """ "'C' ---'\ ..!.-.---I . - ~~ Agent/Applicant Signature . I()~~~r ~ate Revised: 02-18-04 Page 7 of 9 Co~nt~ Agenda Item No. Be February 14, 2006 Page 15 of 80 " PUDEX-200S-AR-8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS PUD EXTENSION REQUEST Pre-Application Meeting Notes - Date: CZ (A I Q~ Time: 6:-30 Agent Name/Firm Name: (Q . (k,,r(A 4 M 11\ ere...- Project Name: A 'S ~ ~ u4 < A.R 4..D ~ iu- 'ifU{) Applicant's Name: Phone: Owner's Name: ~ rf ~M4~ ftuJ:-P~ <-) Owner's Address: Planner: _~;? ~ G0( 'RJ J... Q.MA-S Meeting Attendees: ~ ~OO ....4V~_. rfi....~ . .J\~AO ~;C ...", MEETING NOTES ~~.n-i~1;f;;t~-P~ .An ~u,rt4a ~~Q~, SUMITTAL REOUlREMENTS: PLEASE REFER TO THE LDC AND APPLICATION FORM FOR ADDITIONAL INFORMA nON. ration # orco ies 12 12 2 2 12 2 Legal Advertising Fee - BCC $363.00 E1S Review Fee $1600 Copies of the following: g; Complete legal description W I copy of completed Addressing Checklist J>J7 I copy of 8 y," X II" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON mE S~ECI OJECT: o Traffic Impact Statement (TIS) ~nvironmental Impact Statement (EIS) o Other Other revised: 1/8/04 CJ/2( /us DATf OF MEETING , Department of Zoning & Land Development Review E-Mail Address_heidiwilliams@colliergov.net Agenda Item No. Be ,... _I< fC -", --:':~li "'0" 0;, eo I Pre-AppIicatioa :~ SIGN IN s:II1EET AS G7 M PROJECT NAME ASSIGNED PLANNER_Heidi Williams Phone Number_213-2993 is tJJ-{ ~ GwJerr ?U.))O( COUNTY DIVISION/ DJ:PT or FIRM PHONE NUMBER E-MAIL A.tIDRESS -S?!>J. m 11q co//II'" .11 r G:\Currenl\Williams\SIGN IN SHEET.doc revised: 8/5/02, rev. 9/23104 Aug-~7 05 11:15a ". Collier Co. ADDRESSING S4l-65S-5724 R.l Q ~, A9~~aJ13:r~C ~ _ [\",,, IY\ -uti~ ~4 Bel \'\..J./\ I I Page 17 01 - ADDRESSING CHECKLIST Please complete the following and submit to the Addressiug Section for Review. Not all items will aoplv to everY oroiect. Items in bold tvDe are recuired. 1. Legal description of subject property or properties (copy of lengthy description m~ be attached) Please see attached oropertY info - r 0.-.- c......-\ \ LL '" I a - S' - E.. (, \ .. 2. Folio (Property 10) number(s) of above (attach to, or associate with, legal description ifmore than one) 00732800002 3, Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (SDP Amendment) o SDPI (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIPA (SIP Amendment) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Permits) [8] Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o PPL (Plans & Plat Review) o PSP (preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment) o BL (Blasting Permit) o ROW (Right-of-Way permit) o EXP (Excavation Permit) o VRSFP (Veg. Removal & Site Fill permit) II. Please Check One: [8] Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name O. Gradv Minor and Assoc. (Sharon Umoenhour) Phone 239-947-1144 Fax 239-947-0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number \ \ "ILl- 4- Address Number Address Nwnber Address Number Approved by .Jl.N"-...:p ~ 0........., Date ~ - II - 0 S WilliamsHeidi Agenda l1em No. 8e February 14,2006 Page 18 of 80 Subject: Location: Pre-app PUD Extension - Sharon Umpenhour, Agent Heidi Williams, Planner cds-c Start: End: Wed 9/21/2005 3:30 PM Wed 9/21/20054:00 PM Recurrence: (none) Acoepted Meeting Status: Required Attendees: CDS-C; WilliamsHeidi; valera_c; HiIIWes; wileLr; EIUrfaliAlan; CasalanguidaNick; scoted; muller_r; weeks_d; bedtelyon_l; AblerKenneth; ScamehornKeith; DeltoroZamira; jarrellJl; chrzanowskLs; GundlachNancy; lenberger_s Pre-app PUD Extension - Sharon Umpenhour, 947-1144, representing Q. Grady Minor and Associates, Folio Number 00732800002, for an Extension of the ASGM Business Center PUD 1 ~ ~ ~ ~ ~ ./ .', . Agenda Item No. 8C February 14, 2006 Page 19 of 80 3677801 OR: 3866 PG: 2706 mORIIID iD omCli UCORIIl of COLLIII coum, lL 08/12/2005 It 11:27A1 DIIGBr I. BIOCl, CLllI COIl 5200000,00 UC m 18,50 DOC", 7. mouo I'I'etlared bv and return \0: G. HeleD Albaa, Esq. Attorney at Low Gnat, Frldkla, Peanoa, Albaa " CroWD, P.A. 5551 Ridgewood Drive, Ste 501 Naples, FL 3410S %39-514-1000 File Number: RV1S.0000l parcelldealification No. letD: lomu S nUTlI !I! I eOLLll1 BLVD lAIeo ISLAID lL 34145 ISpace Above This Une For Rcccrding D.tal Special Warranty Deed This IDdeDture made Ibis ~ day of July, 2005 between Vlaod Rustel whose post office Address is Geol'lletowa Uai.. Med Ctr, 8316 Arll_po_ Blvd, Ste 515, Fslrfa.. VA 22031 of lbe County of Fairfax CIty, S_ of Vll'lllala, gnmtor", and Rookery Bay Buia... Park, LLC, a FlorIda limited liability compaay whose post office address is 1083 N. CoUler Blvd., Ualt 1#113, Marco lJIaad, FL 34145 oftbe County of Collier, State of Florida, grantee", WitDessetb that said grantor, for and in cons good and valuable considerations to said has granted, bargaiaed, and sold to the siruate, lying and being in Collier Coua ,Flo G8 paId by e. and grantee's heirs .\: AND NO/loo DOLLARS ($10.00) and other receipt whereof Is hereby acknowledged, forever, the followinS described land, 1 aad lbe Soalb 111 0' lbe C Iller Couaty, FloridL LESS a portloa of IaDd en 222llbroaglt 22%3, of tbe Records Book 1193, pa... Sabject to coadltloas, restrictI_ .....rv valorem taxes and any assessments for lbe and will defend the same against lawful claims against The subjeet property Is aol lbe bomestead of tbe Gnntor or Graator's spouse or aay mlaor cbUd. GnDtor's bomestead Is la tbe State of Vil'liaia. . "OranIor" and "Qrantce- are used for singuI. or phnI,lIS conte:xt requires. ID WitDess Whereof, grantor bas b....unto set grantot's hand and seal lbe day and year first abo..e written. PUDEX_2005-AR-8478 PROJECT #2001050063 DATE: lOin/OS HEIDI WILLIAMS DoubleTlm.- Agenda Item No. 8e February 14, 2006 Page 20 of 80 *** OR: 3866 PG: 2707 *** Signed, sealed and delivered in our presence: StateofVl r~ ("\\0- County of \- ',,, .+-' '^~ The foregoing instnun.nt was acknowledged before m. t1Jis .Jl-. day of July. 200S by Vinod Rusl&i, who U is personally known to me or [j..] has produced a driver's license as identification. ~\ ~ol ~ Public o,-,y1J3.R Co i. 1)'?\~~f C; My Comm ion ires: ~ ..( f\L.30, ;;;lno, ~~~Il. " ". ;., ::; ~ . .:.<:>.." ......... . - ,," Wal'1"mlty Dt~d (StQtutory Form) - Pille 2 1Vf'rr Vinod Rustgi 00....-- Daub_Tim.. Folio No. 00732800002 MG ... Current Ownershi Prope Address NO SITE ADDRESS Agenda Item No. 8e February ~gl:JdEOf 1 Page 21 of 80 Details Owner Name ROOKERY BAY BUSINESS PARK LLC Addresses 1083 N COLLIER BLVD UNIT #113 CItv MARCO ISLAND II StateH FL II ZlplI 34145 - 0000 Legal 10 51 26 Sl/2 OF Nl/2 OF SWl/4 E OF SR951 + Sl/2 OF NWI/4 OF SEI/4, LESS OR 1193 PG 2223 OR 866 PG 1990 36.25 AC .For more than four lines of Leaal DescrIption pleaSlt can the PropertY ADDratser'a Office. section Township Rane Acres 10 51 26 35.25 Sub No. 100 ACREAGE HEADER "0 Use Code 99 NON-AGRICULTURAL ACREAGE Map No. stra No. 6Bl0 512610014.00D6BIO "0 "O~ 21 13,3115 2005 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the'Flnal Tax Roll Latest Sales History I Land Value $ 3,081,250.00 I (+1 Improved Value SO,oo - /-1 Mar1<et Value S 3,081,250.00 I SOH Exempt Value SO.OO fa) Assessed Value S 3,081,25C.00 .l Homestead and other Exempt Value SO.OO (=) Taxable Value S 3,081.250.00 Dale Book - Pa... Amount 08/2005 3866 .. 2706 S 5.200,000.00 07/2005 3847 - 2017 $ 4,800,000.00 SOH II "Save Our Homes" exempt value due to cap on assessment Increases. ... The Information is Updated Weekly. PUDEX-200S-AR-8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS http://www.collierappraiser.com/RecordDetail.asp ?F olioID=0000000732800002 9/28/2005 '.. ,^,genda Item No. DC February 1Pal!IKpof2 Page 22 of 80 Division of COIporations r Florida Limited Liability ROOKERY BAY BUSINESS PARK, L.L.C. ,.- PRINCIPAL ADDRESS 1083 N, COLLIER BLVD., UNIT #113 MARCO ISLAND FL 34145 MAILING ADDRESS 1083 N, COLLIER BLVD., UNIT #113 MARCO ISLAND FL 34145 Document Number L05000062032 FEI Number NONE Date Filed 06/22/2005 State FL Status ACTIVE Effective Date NONE Total Contribution 0.00 . ........ Registered Agent Name & Address WEBSER, RONALD S 979 N. COLLIER BL YD. MARCOISLANDFL 34145 anager em er e 1 I Name & Address II Title I COUTIS, SEAN G 5400 S.W. 80 STREET CORAL GABLES FL 33143 M 1M b D ta'l tl Annual Reports Report Year II Filed Date " http://ccfcorp.dos.state.f1,us/scripts/cordet.exe?al =DETFIL&nl =L05000062032&n2=NAMFWD&n3... 9/28/2005 Division of Corporations , Agenda Item No. 8e February'IRageiOOof2 Page 23 of 80 No Events No Name History Information ~ Document Images Listed below are the images available for this filing. ~I06122/2005 - Florida Limited Liabilites I~ THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT , "- http://ccfcorp.dos.state.fl.uslscriptslcordet.exe?al =DETFIL&nl =L05000062032&n2=NAMFWD&n3.., 9/28/2005 , 60_1"'" r"~"~~ r . y 1'-+, U Page 24 of 80 LO 52- ':"'.: 1111111111111111 400056336114 (Requestor'.. Name) (Address) (Address) (City/StatelZip/Phcne #j o PICK-UP 0 WAlT o MAIL Certified Copies Certificates of Status :-. :b' ,,,. <::> ;::,... tit ~'"' ~ 5::;: : ." "l'... _ "'''' ;.1).... '" ..- r../);... n,~ '" ~,._.. "." ii1 TJ -1. ~ .-V> '0 o~ ':':" 2-1 W 0", )>. ~ (Business Entity Name) (Document Number) Special InslructionslO Filing Officer. /Jj( I { . ..' Office Use Only . -' ,..... i \ \ tj - ).... . ,,, A~fli1!ltem No. Be "" , ULy (., .....v....v Page 25 of BO if;) . c,.ral"II.. 11.f1CE' C'.IIIAI'. ACCOUNT NO. 072100000032 REFERENCE 4~.J-.'_~~~d::- AUTHORIZATION . f~ 1'1"" COST LIMIT :" ~'125. 00 yU' ~ --1'\ -----------------------------------------------------~~-~---~ ~"'. ~ I-"'" ORDER DATE June 22, 2005 -:rr,:;' ~ 'i1\ ORDER TIME 2:45 PM ~~. ~ '0 .-n ....:. -' ORDER NO. 443205-005 ~ ~ 6<<' CTJSTOMER NO: 85786A 'V CUSTOMER: Ms. Mary Adams Ronald S. Webster, Esg Royal Palm Mall 979 North Collier Boulevard Marco Island, FL '34145 ----------------------------------------------------------------- DOMESTIC FILING NAME: ROOKERY BAY BUSINESS PARK, L.L.C. EFFECTIVE DATE: XX ARTICLES OF ORGANIZATION PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: XX PLAIN STAMPED COPY CONTACT PERSON: DEBBIE SKIPPER EXAMINER'S INITIALS: Arr;;lmlA ttem t\Jo Be February 14, 2006 Page 26 of 80 ARTICLES OF ORGANIZATION FOR ROOKERYBAYBUSINESSPARK, L.L.C. A FLORIDA LIMITED LIABILITY COMPANY ..... '3- .-A 'Y.'{:: .... -" yc.;. ~ ~ %<'..-, ~ .~ ARTICLE I v,"': ~ rl\ '{i;>~ ~ '0 The name of the Limited Liability Company is ROOKERY BAY BUSlNES~c;. ~ L ."f'\tJl .... PARK, .L.C <Q;"> v> ::P-~ ~ 'elf'" "P' ARTICLE n The period of duration for the Limited Uability Company shall be petpetual. ARTICLE m The mailing and business address of the Limited Liability Company is 1083 N. Collier Blvd., Unit #113, Marco Island. PI. 3414S. ARTICLE IV The street address of the initial tegistered office of Ihi3 Limited Liability Company is 979 North Collier Boulevard. Marco Islond. FL 34145 and the name ofits initial Resident Agent is Ronald S. Webster. ARTICLE V Additional melXlbcrs may be admitted and the tcmIS and COnditiOIlS of tho admissions shall be that each melXlbcr coDSen1:S in writing to the admission of'the additional member. ARTICLE VI The tcmaining membem of the limited liability company have the right to continue the business on the death, retirement, resignation, eltpulsion, bankruptcy, or dissolution of a member or the occ:urrencc of II11Y other event which tenninates the continued membership of a member in the limited liability company upon unanimous COlllJent ofth.. ,....mAinlf1g members. .,. CO'd LZ'lL SOOZ ZZ unr ----------. Agenda Item No. 5e February 14, 2006 Page 27 of 50 , ARTICLE VO The Limited Liability Company is to be managed by a manager, The name and address of the manager is: Scan Coutts 5400 SW 80 Street Coral Gables. FL 33143 ARTICLE vm The members of the Limited Liability Company are: Sean Coutts 5400 SW 80 Street Coral Gables. FL 33143 Kenneth Lowe 1083 N. ColJierBlvd. Unit #113 Marco Island. FL 34145 Hitender Deswal 1083 N. CollicrBlvd, Unit #113 Marco Island, Fl34145 Maury Dailey 1307 RiverheedAvenue Marco Island, FL 34145 JO'd L~:ll SOOl ~~ unr Agenda Item No. 8e l-eDruery 14, ,,006 Page 28 of 80 CERTIFICATE OF DESIGNATION OF REGISTERED AGENT/REGISTERED OFFICE PURSUANT TO TIrE PROVISIONS OF SECTION 608.415 OR 608.507, FLORIDA STATUTES, THE UNDERSIGNED LIMITED LIABILITY COMPANY SUBMITS TIlE FOLLOWING STATEMENT IN DESIGNATING mE REGISTERED AGENTIREGISTERED OFFICE IN TIffi STATE OF FLORIDA. I. The name of the limited liability company is: ROOKERY BAY BUSINESS PARK, L.L.C. 2. The name and address of the registered agent and office is Ronald S. Webster 979 N. Collier lJlvd. Marco Island, FL 34145 Having been named as the registered agent and to accept service ofpraccss for the above stated limited liability Company at the place designated in the certificate, I hereby accept the appointment lIS registered agent and agree to act in this capacity. I further agree to comply with the provisions of ating to the proper and complete performance of my duties, an am . and accept the obligations of my position as registered iii SO'd Lt:tl SOO~ ~~ unr Au~ 17 05 11:15a Collier Co. ADDRESSING 941-659-572~genda Item N~ 1 \eel(\) 'U:B~~ ~ BCI. ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will mDlv to every Moiect. Items in bold tvDe are reauired. 1. Legal description of subject property or prQPerties (copy of lengthy description may be attached) Please see attached MODertv info - f> ~ <:.-0...-\ \ L.f- "l. I a - IS \ - E- C. 2. Folio (Property 10) number(s) of above (attach to. or associate with. legal description ifmore than one) 00732800002 3, Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECfS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) o PPL (Plans & Plat Review) D PSP (preliminary Subdivision Plat) D FP (Final Plat) DO LLA (Lot Line Adjustment) BL (Blasting Permit) o ROW (Right-of-Way Permit) o EXP (Excavation Permit) D VRSFP (Veg. Removal & Site Fill permit) DSDP (Site Development Plan) o SDPA (SDP Amendment) D SDPl (SDP Insubstantial Change) D SIP (Site Improvement Plan) o SIPA (SIP Amendment) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Permits) ~ Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD-rezone, etc.) o Other - Describe: 10. Project or development names proposed for, or already appearing in. condominiwn docwnents (if applicable; indicate whether proposed or existing) II. Please Check One: ~ Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name O. Gradv Minor and Assoc. (Sharon Umoenhour) Fax 239-947-0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number \ ,0.. l4-Lj- Address Number Address Number Address Number Approved by ,..fl.v\-~ Phone 239-947-1144 ~a."" Date ~- 17:- OS PUDEX-200S-AR.8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS Agenda Item No. Be February 14, 2006 Page 30 of 80 ASGM BUSINESS CENTER OF NAPLES PUD PUD EXTENSION APPLICATION LOCATION MAP LOCATED IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA U.S. 41 1-75 ( I I I ROAD_..J *Nr:;I W E /''\. s 1. L_ r 10 '> 1--, ALLlGA TOR ALLEY ----" 1- !~ _JL u_l~ IU U.S. 41 ) l . ~ I l I ~ f . ~ ! I r ~ . . 9511 PROJECT LOCATION --;; FIDDLER'Sj" CREEK -(~-j - PUDEX.2005.AR.8478 PROJECT #2001050063 DATE: 10/12/05 HElD I WILLIAMS TAMIAMI TRAIL PREPARED BY: Q. GRADY MINOR AND ASSOClATIS, P.! CIVIL ENGDiEERS . lAND SURViYDRS . PlJJlJiERS 3110O VIA DJ:L UY' 1lON1T.l !IPRDfGS. PLORmA S4134 PIIl)JrIt: C23ll) k7-J144 'U: (238) 1M'!' 03n __1:R!In:.l1lrDf'~_._ IftIIn'nIIlOCDIIfte''I'Ilor,,1IftIlIIIUftIl.~_ Agenda Item No. 8e February 14, 2006 Page 31 of 80 ASGM BUSINESS CENTER OF NAPLES PUD PUD EXTENSION APPLICATION LEGAL DESCRIPTION FOLIO NUMBER 00732800002 THE SOUTH y, OF THE NORTH Yz OF THE SW \4 LYING EAST OF STATE ROAD S-951 AND THE SOUTH Yz OF THE NW \4 OF THE SE \4 OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE PUBLIC RECORS OF COLLIER COUNTY, FLORIDA I I i I , i I , , I , ,I i i I i ,- :l!l ,I,,! . , !~I ,. g 'u , i . ! I ! ! I , , , , j i i ,i 01 ~ ! 0-' I'RIWE OI.lTl.Er STORES " II ,-""'-..& l-...."'_~_ 'i 'i " " :' " , II,: ,,;1 l'li!--""""" !I!i "'."""..'....... --",,,- I~ ,I , '""'" '"'-....... .-.,,-. ..........-- ASGM BUSINESS CENTER OF NAPLES PLANNED UNIT DEVELOPMENT RMF-16(8) UNOE\'l1.OPED /.....,"-~~& I.b~._'''' I~_~'"",dl. ---".....- -'-''"' "PRIlSER'.'E/WMEFl~AA(A.. 'l':lIJ:I:"ACRES CONSERVATlOH/RECREA.TlONAREA SIL\lER LAKES RII RESORT FtJD l[ "',. l,IItIBERNEl...2511l.. ~ (lAY S1(l~~ [VHIT '~J .,....... CONIJIOLSTllUCTV>lE "~"'lOX EXI5T, GIlIWE a ~ J,O N,~V.(l TYPIr".AI X_!'iF"r.TION PRF!'iF'RVF IWA~ w.NM"SurNT Af?l:"A WITH RrRu N,T.S. n......"'......n...... " ..'--- -~- <l)''''N.ROW ,..-........ 15 ,I I Agenda !lem No. Be February 14, 2006 Page 32 of 80 '" 5C"'-E:'"_'00' "'''''' UNDEVELOPED ...._tt. PRnw:r:r <;[IU....Ry """" "'_'___'_U:"IIJ.~ ....-.....--..-- ....__-..!LOU<'f..__.... "'''''''''-.....-................-. ~ ---......-.-----.. ........-......-..-...-....... -.....-.""''"'....-....-.. -,...,_....-~._-- &, .........-.---...-...- &~ ~:::T:;:;':-:"';;~ -..,"--)-......,.._........ &" ---........-..........,.....- .-.._.-~-,..._.. ~_....._......__......... Q. GRlJIY iII!IR IHIIlm:Um, P.! alIl._...._...- -...... ---- -,_-.... ...,,00&\........ ~z:::::=.1.:= - -- ASt;ll BUSlNZSS C6NTElf 0' IU.PUS CONCEPTUAL MASTER PLAN AND WATER MANAGEMENT PLAN "''' , o. 8 . it 200 of 81 i I l:i ~ ~I ~ ~i ~ . f ! I , Agenda Item No. Be February 14,2006 Page 34 of 80 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property commonly known as Folio Number 00732800002 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate Q. Gradv Minor and Associates, P.A and RoetzeI and Andress, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys. and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. Owner Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) 2005 by as identification. PUDEX-200S-AR-8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS (Serial N u'lll>,l;T~if,i\\I,)'~"''''''''l= . : ,\"~'~"~ ANMt: L i t~~~ eon..J_,' DllOII1312 ! ,,, ' e-..ll3Ol2llll7 : ~~1OF:"'~ 80nded through : {~2~2541 Florida Notary Aaan.tlne. :......................................u........ '. Agenda Item No. 8e February 14, 2006 Page 35 of 80 EXHIBIT "A" LEGAL DESCRIPTION FOLIO NUMBER 00732800002 THE SOUTH Y, OF THE NORTH y, OF THE SW Y. LYING EAST OF STATE ROAD S-95I AND THE SOUTH Y, OF THE NW Y. OF THE SE Y. OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE PUBLIC RECORS OF COLLIER COUNTY, FLORIDA -, AFFIDAVIT -Agenda Item No.-gC --- PUDEX_200S-AR-lf4'7sruary 14. 2006 PROJECT #20010S006j'age 36 of 80 DATE: 10/12/05 HElDI WILLIAMS We/I, Rookery Bav Business Park:. LLC being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Q. Gradv Minor and Associates. P.A.. and Roetzel & Andress. to act as ourlmy representative in any matters regarding this Petition. 2 ~0- 'e.) SiW'ature fff Property Owner Av{.(..u.~ 4;",..r Signature of Property Owner .M~7; 0< '/~- Typed 0 Printed Nam6 of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me th' sonally known to me or h day ou'"ii1V.L/. 2005, by produced as identification. State of IlhJ1/~ ) .~JvJ (Print, Type. or Stamp Commissioned Nome oj Notary Public) r~~;:f~;:-'="""'_~~j ! .~m. 'e..1I3OI2l107 ! \,\"*'<l6 _ haugII . .....Drf\: : eoo-W~254) Aork*I NoIary AaIn.. ~. ;!................................-...- Revised: 02-18-04 Page 80f9 . -, Agenda Item No. 8C February 14. 2006 Page 37 of 80 EXHIBIT "A" LEGAL DESCRIPTION FOLIO NUMBER 00732800002 THE SOUTH Y:. OF THE NORTH Y:. OF THE SW 'I. LYING EAST OF STATE ROAD S-951 AND THE SOUTH Y:. OF THE NW 'I. OF THE SE 'I. OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS A PORTION OF LAND GRANTED TO COLLIER COUNTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1193, PAGES 2221 THROUGH 2223, OF THE PUBLIC RECORS OF COLLIER COUNTY, FLORIDA Agenda Itern r~o. Be February 14. 2006 PU.D- .. .---- - Paoe 38 of 80 EX-200S-AR_8478.-. ... - ~ PROJECT 1/2001050063 DATE: 10/12/05 HEIDI WILLIAMS TRAFFIC IMPACT STATEMENT FOR ASGM BUSINESS CENTER OF NAPLES Prepared by: . GRADY MINOR & ASSOCIATES P.A. ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (941) 947.1144 JULY, 2001 Revised January. 2002 F,\10B\Mlu:R\CDS\CBBPI1s.Oo Agenda Item No. 8e February 14, 2006 Page 39 of 80 Page 1 ASGM BUSINESS CENTER OF NAPLES INTRODUCTION The proposed ASGM Business Center of Naples is a request for PUD rezoning of an approximately 40.88 acre for uses including commercial, retail and light industrial end users. The project site is located on Collier Boulevard just south of the Prime Outlet stores in Section 10, Township 51 South, Range 26 East, Collier County, Florida. For project location please refer to Figure 1, Location Map, page 2, The project will have a single entrance on Collier Boulevard. SCOPE The following analyses are included in this report: 1. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic I (pSDn including the respective peak hour volumes. . 2. Trip Assignment within the Radius of Development Influence (RDl). 3, Existing Traffic Volumes within the RDI; MDT volumes, PSDT volumes, and Level of Service (LOS), 4. FutUre Traffic Volumes within the RDI; MDT volumes, PSDT volumes, and LOS. 5. Discussion of imll8cts to roadwavs within the RDL TRIP GENERATION Trip genemtion rates are eIlrim-..l using 6th Edition Trip Generation pubIisbed by the Institute of Tnmsportation Engineers. Land Use Code 110, General Light Industrial, Land Use Code 814, Specialty Retail Center, Land Use Code 831, Quality Restaurant, and Land Use Code 310, Hotel were used to estimate trip g....e..ation fer the project. A summary of the Trip Generation Calculation for the project is shown on Table 1, on page 3. The raw trip generation for the project is ...mmRtM to be 5,418 trip ends for daily traffic volume and 411 trip ends during the highest peak hour (PM), A 25% pass-by capture rate is eIlrimRtM for the retail and restaurant uses. The new trips g""",.a..d for the project have been adjusted to 4,481 trip ends for daily traffic volume and 366 trip ends in the peak hour for use in the analysis. Please refer to the DISSCUSSION section for details concerning the effects of these traffic volumes on the level of service for roadway links within the RDL P:IlOBlADLER'CDS\CBBPI1S.DOC !,genda Item I~o. 8e February 14, 2006 Page 40 of 80 Page 2 FIGURE 1 LOCATION MAP N.T.S. F;\10BIADLER.'.CDSICB8PTIS.DOC Agenda Item No. 8e February 14, 2006 Page 41 of 80 Page 3 Table 1 Adler Business Park SUMMARY OF AVERAGE VEHICLE TRIP GENERATION AVERAGE WEEKDAY DRIVE'IIAY VOLUMES 7-9-01 24 HOUR AM PK HOUR PM PK HOUR TWO-WAY LAND USE SIZE VOLUME ENTER EXIT ENTER EXIT GENERAL LIGHT INDUSTRIAL 200 TH.GR.SQ.FT, 1392 130 18 15 108 SPECIALTY RETAIL CENTER 50 TH.GR.SQ.FT, 2033 0 0 56 74 QUALITY RESTAURANT 200 SEAT 572 0 0 35 17 HOTEL 200 ROOMS 1421 59 38 56 50 TAL 5418 189 56 162 249 Note: A zero rate indicates no rate data available TRIP GENERATION BY MICROTRANS F:\I0Il\ADLERICDS\CBBPTlSDOC Agenda !lem No. 8C February 14, 2005 Page 42 of 80 Page 4 TRIP ASSIGNMENT The projected directional distribution of1l'affic to and fromASGM Business Center o/Naples site was determined using population and swrounding trip attractions, A modified Fratar method calculation was used based on population projections for the area and proportional distribution of existing 1l'affic, The project directional distribution is shown on Table 2, page 5 and also on Figure 2, page 6. The distribution includes only those roadways within the Radius of Development Influence (ROI), based on a 5 mile radius. Figure 2 also depicts some of the major swrounding trip attractions used in the distribution determination. EXISTING TRAFFIC Table 3, page 7, shows existing 2002 MDT and PSDT 1l'affic volumes, includingpeak hour volumes, for all IIIl\ior roadway links within the ROL VaJues were projected from 200 I data provided by Transportation Planning staff for the roadway links within the ROL Level of Service (toS) determinations are made based on the Collier County Service Volume Tables presented in the Growth Management Plan. These service volume tables are also presented in Appendix A, Supporting Data. FUTURE TRAFFIC Table 4, page 8, shows 20041l'affic volumes without project generated 1l'affic included for all major roadway links within the ROL Table 5, page 9, shows 2004 1l'affic volumes with project traffic included for all major roadway links within the ROL The effect of project generated 1l'affic on the swrounding roadway links is discussed below. Intersections within the ROI fall below 1200 vph for critical volumes, DISCUSSION The volume of proposed project traffic does not degrade the level of service of any of the roadway links within the project ROI below acceptable standards. However, there are seglt"'n~ that are projected to operate at substandard leVels of service without project 1l'affic and deserve further discussion. Collier Boulevard from the CR 953 to the Marco Island Bridge is a 2-lane undivided roadway. This link operates at LOS E with current estimAted 20021l'affic volumes. When this volume is adjusted for peak season, or when the background 1l'affic volume is projected to the anticipated build out year of 2004, the level of service is LOS F (without any project generated traffic). The anticipated additional traffic added by the proposed project does not further degrade the LOS of the segment. IfdaiIy1l'affic volumes are used, the projected LOS for Collier Boulevard for 2004 is LOSF. However, when peak hour volumes are used the result is LOS C. P:VOBlADUlR\CDS\CBBPI1S.DOC Agenda Item No. Be February 14. 2006 Page 43 of 80 Page 5 Table 2 PROJECT DIRECTIONAL DISTRIBUTION ROADWAYLINJ{ FROM TO % OF PROJECT VOLUME Collia' Boulevard (951) U.s. 41 R8ttJP.lmA~e-Hammock 23.8% Collia' Boulevard (95 I) Manatee Road U.S. 41 61.4% Colli<< Boulevard (951) New Yark Drive Manatee Rood 38.6% Collia' Boulevard (951) Marco Island Bridge New Yode Drive 26.1% U.S. 41 Rattl.-nAl-,.,..!-Jam'l't\lV'k Colli<<Bou1evard 25.5% U's,41 CoIli<< Boulevard CR92 . 7.1% F:\J08\r\DLEIlICBP11S.DOC ,Il.genda Item No. 8C February 14, 2006 Page 44 of 80 PAGE 6 FIG URE 2 23.8% *Nc;r W;?"\.E S . : ''''''a." RA TTLESNAKE HAMIoIOCK R . LELY ELEMENTARY SCHOOL '\.OISON COM~UNtTY COLLE\;E "- 'LEL Y HIGH SCHOOl "RETAIL , , , 7.1% TRIP DISTRIBUTION MAP N.T.S. Agenda Item No. Be February 14, 2006 Page 45 of 80 Page 7 Table 3 ROADWAY LINK PEAK HOUR LOS - EXISTING 200:1 ROADWAY LINK FROM TO AADT PSDT LOS (PK HOUR) (pK HOUR) ColIior BouIevmd (951) U.S,41 Rattlesnake-Hammock 25,617 (1,120) 28,799 (1,259) C Colli<< BouIevud (951) MallaIcc Rood U.s. 41 37,204 (1,694) 39,849 (1,814) BlC Colli<< BouIevud (951) New Yod< Drive MallaIcc Rood 37,204 (1,694) 39,849 (1,814) BlC Collier BouIevud (951) Maroo Island Bridge New Yoll< Drive 28,726 (1,235) 31,248 (1,343) E/F*' U.s. 41 Rattl_b-Hammock Colli<< Bou1evud 25,518 (1,085) 29,483 (1,254) C U.S, 41 CollierBou1evud CR92 4,744 (N/A) 5,251 (N/A) B .. WS D based on peak hour volumes p:\J08\ADl.BR\C[.IXX' Aqenda Item No. Be lebruary 14, 2006 Page 46 of 80 Page 8 Table 4 ROADWAY LINK PEAK HOUR LOS- BACKGROUND 2004 ROADWAY LINK FROM TO AADT PSDT LOS (pK HOUR) (PKHOUR) Colli..- Boulevard (951) u.s. 41 FAftt-nAJr._fI'Arnmnck 31,336 (1,370) 35,228 (1.540) C Collier Boulevard (951) Manalee Road U.S. 41 41,535 (1,891) 44,488 (2,025) po Collier Boulevard (951) New Yorlc Drive Manalee Road 41,535 (1,891) 44,488 (2,025) C Collier Boulevard (951) Man:o Island Bridge NewYori<Drive 31,448 (1,352) 34,209 (1,471) F.. U.S. 41 Rattl~Hammock CoIJier Boulevard 27,808 (1,182) 32,129 (1,366) C U.S,41 Collier Boulc:vard CR92 5,131 (N/A) 5,679 (N/A) B . LOS C based on peak hour volumes .. LOS DIE based on peak hour volwues P:\JOB\ADU!Il'OJlSaBf't'JS.OOC Agenda Item No. Be February 14, 2006 Page 47 of 80 Pago9 TableS ROADWAY LINK PEAK HOUR LOS - 2004 WITH PROJECr ROADWAY LINK FROM TO AADT PSDT LOS (PI( HOUR) (PK HOUR) Collier Boulevanl (951) U.S. 41 RattI_Hammock 32,402 (1,457) 36,294 (1,627) CID' Collier BouIevmd (951) Manatee RDad U.S, 41 44,286 (2,116) 47,239 (2,250) P' Collie< BouIevmd (951) NewYorkDriw Manatee RDad . 43,265 (2,032) 46,218 (2,166) e Collie< Boulovmd(951) Ma= lsIand Bridge New YorkDrivo 32,618 (1,448) 35,379 (1,S67) PO' U.S. 41 RGHI.-nIllIr_Hammock Collie< Boulevard 28,951 (1,275) 33,272 (1,459) e U.S. 41 Collier Boulevard CR92 5,449 (N/A) 5,997 (N/A) Ble . LOS e booed on peak hour volUIIICS .. LOS E booed on peak bour volumes P:\JOB\ADL,ER'CDSP1lS.DOC: Agenda Item No. 8e February 14, 2006 Page 48 of 80 Page 10 GROWTH MANAGEMENT PUN POliCIES The applicable policies of the growth management plan are addressed as follows; Policy 1.3/1.4 " The roadways within the radius of development influence (RDI) are not degraded (or further degraded) below acceptable level of service standards after the addition of project traffic. Objective 5 - The project traffic represents over 5% of LOS C traffic volumes on only Collier Boulevard south of U.S. 41. However, the project traffic is less than 5% of the peak hour volume for LOS C. The LOS of this segment is not degraded by the addition of project traffic. The link operates at LOS C for peak hour, peak direction conditions (including project traffic) for the buildout year. Objective 7 - Opportunities for interconnection with adjoiniDg prop.aties have been considered and incorporated into the plan. The project will meet all applicable parking requirements in the Collier County Land Development Code at the time of development. . P:\IOB\ADLl!R'CDSICIlBP11S.DOC F:IIOBIAD1I!Il'CllS'CllllP'l1 Agenda Item No. 8C February 14. 2006 Page 49 of 80 APPENDIX A SUPPORTING DATA Agenda Item t,h Be February 14, 2006 Page 50 o~ 80 SEGMENT 22 CALCULATIONS COLLIER COUNTY ROUTE.SPECIFIC SERVICE VOLUMES SEGMENT WEIGHTED AVERAGE CALCULATIONS lala of Capri Road - Davia Boulevard to S41 PEAK DIRECTION Length PEAK DIRECTION INPUTS WEIGHTED AVERAGE Segment In mllea LOS A LOSB LOSC LOS 0 LOS E LOS A LOSB LOS C LOS 0 LOS E 22A 0.5 0 0 1,410 1,940 2,120 N/A N/A 2110 2570 2,95C 228 2.1 1,120 1,880 2,600 3,100 3,610 22C 0.5 0 0 1,180 1,440 1,540 220 0.8 0 540 1,450 1,680 1,780 22E 2.0 1,120 1,880 2,600 3,100 3,510 22F 0.5 0 0 740 1470 1540 U ~ I TOTAL 5.4 - '" . '-' - PEAK HOUR (BOTH DIRECTIONS) Length PEAK HOUR tBOTH DIRECTIONSill!!'UTS WEIGHTED AVERAGE Segment In mil.. LOSA LOSB LOSC LOS 0 LOSE LOS A LOSB LOS C LOS 0 LOSE 22A 0.5 0 0 2,670 3,670 4,010 NlA NlA 3,510 4,290 ~ 22B 2,1 1,850 3,100 4,290 5,120 5,960 22C 0.5 0 0 1,950 2,370 2,550 220 0,6 0 900 2,400 2,780 2,940 22E 2.0 1,850 3,100 4,290 5,120 5,960 22F 0.5 0 0 1250 2490 2770 TOTAL 6.4 ..- -..... ._"" ..-. ...__..__._ '._.___n'___'"._._. ... Af\lNUAL AVE Length ANNUAL AVERAGE DAILY TRAFFIC INPUTS WEIGH S.gment in miles LOS A LOSB LOS C LOS 0 LOSE LOS A LOSB 22A 0.5 0 0 27;500- 37,800 41,300 ___I'!It!____ NlA 22B 2.1 19,000 31,900 44,200 52,800 51,400 22C 0.5 0 0 20,100 24,400 25,200 220 0.8' 0 9,200 24,700 28,700 30,300 22E 2.0 19,000 31,900 44,200 52,800 51,400 22F 0.5 0 0 1~.,~00_ 25 600 28,500 1i~:i:GT~;~~~_~~d TOTAL 6.4 " ~ ~ ~ IAIr':-'''''l'~ \',. ., Agenda !lem No. Be February 14, 2006 Page 51 of 80 RouTE-SPEClAC SEGMENT 23 TABLE 1-23- ART-TAB Version 2.0 _ Level of _ VoUne T_ eased on Chapter' 1 of the 1994 HighwOy Capacity Manual Updat. Florida Department of Transportation . ustl995 (\I, T,..Fl) 1 (1.2,..3} 46 (4$,.0, Of 35) , PUI<. (Int:Jut:JN ~ in .xcJu$ive rum J..nu) 1Im.~"""'n..: Levol of s.Moe l.I.NtS A B C D E 1 NlA - 1.060 l.em 1,060 2 NIA 1.960 2,'20 2.'20 2,'20 3 NlA 3.= 3,190 3.190 3.190 4 NlA 4,060 4,2S0 4,= 4,250 'l'EAK~;, -. in._ _'-.-j Ilnl.- .' l!I_mN Ltwl d s.Mc.I l.I.NtS A 8 C D E 2 NlA 1 ,no 2.010 2.0'0 2.0'0 . NlA 3,7'0 4,020 ..020 ..020 6 NlA 5.6llO' 5,030 6,030 6,030 1 NlA 7.m I,OSO 5,050 1,050 (/nWd&S _in__""" l1Af1o- & aer mile , L.... "'- WIIS A 8' C D E 2 NlA 11.300 2O,7tlCI 2O.lllO 2O,lllO . NlA 38.200 .'.500 ..1,500 .1,500 I NlA 51.1I00 IIUOO IIUOO 1IZ.200 I NlA 711.300 12.JOO 6ZJlOO 12,llOO ~ .' it.. mal'll tn. iewt ~ ..me. is no( aeh~~ t HOur P... Direction TnroughlRight vii: Ratio Jot fuD'Hour I L~ of s..w:. ....... A B C D E 1 NlA 0.11 1.00 1.00 1.00 2 NIA 0.12 1.00 1.00 ,.00 3 NIA 0.94 . 1.00 1.00 ,.00 . NlA 0.91 1.00 '.00 1.00 DESCRIPTION ROAD K'.ME: t.1e of Capri From: US 41 .To;MaMIH ReId >>u)ou>>> PEAKorRECTlON:NB SIu<ty T1mo _:PM pEAK ~ c::..:1H7 cCHH:Iidons Nurnbel dLanes: MOT: UsM NoIes:Frec now speed. 551" used) S ment 11'1- 1.1 1 ua Fie ~HARACTElUSTlCS K FACTOR: D FACTOR: PHF: />OJ. sATUFlATIOfl FLa.N RATE: '" TlJRNS FROM EXCLUSIIIE LANES: ROI'J:N/A Y CHARACTERISTICS URBAN. TRANSrTlONlNG, OR RURAL AREA TYPE: U ARTERIAL ClASS: FREE F\.a.N $PEED (mp/l): TOTAl. LENGTH Of' NlTERIAL (no): MECII\HS rtlN):Y lUT TURN BAYS : Y -- 0.0'7 (0.05 - 0.20) UZI (O.Sll 01.00) Uto (0.70-1.00) ',110 (T 400. 2000) " 10.., ,:' , noN CHARACTERISTICS NO. SIGNALIZED INTERSECTIONS: 1 NlRWoJ.. TYPE. PEAKOIRECT1ON: ) (1.2.3...s..1) TYPE SIGNAl. SYSTeM: S (P. S...I\) (PoProIimod. S-s._.....A_ SYSreMCYCLELENG1H(soe): T03 1Sl.18O) HIED THRU NT: 0.31.20. TRAN- 19Y ~. Agenda Item No_ Be February 14, 2006 Page 52 ot 80 SEGMENT 24 CALCULATIONS R COLLIER COUNTY ROUTE-SPECIFIC SERVICE VOLUMES SEGMENT WEIGHTED AVERAGE CALCULATIONS loJe of Cep oad - Menelee Roed to New Vorl< Drive -"-"'-- PEAK DIRECTION LAngth PEAK DIRECTION INPUTS WEIGHTED AVERAGE Segment In mile. LOS A LOS.B LOSC LOS 0 LOSE LOS A LOSB LOSC LOS 0 LOS E 24A 1.9 1,170 1,960 2,710 3,240 3,760 N/A 19SO 2610 3060 3500 24B 0.5 0 1930 2230 2390 ~520 TOTAL 2,4 -~.__._-_. ...-..---- --'---PEAK HOUR(BOTHDIRECTIONST'----- LAngth PEAK HOUR (BOTH DIRECTIONS) INPUTS WEIGHTED AVERAGE Segment In mile. LOSA LOSB LOSC LOS 0 LOSE LOS A LOS B LOSC LOS 0 LOSE 24A 1.9 2,210 3,710 5,130 6,130 7,130 N/A 3700 4940 5,800 6640 24B 0.5 . 0 36SO 4 220_ 4530 4770 TOTAL 2.4 ;! to t" '" --.----.--.-------.--- ------iiNNUAL AVERAGE DAIC;i'TRAFFIC .-- Length ANNUAL AVERAGE DAIL V TRAFFIC INPUTS WEIGHTED AVERAGE i Seament In mIle. LOS A LOSB LOS C LOS 0 LOSE LOS A LOS B LOSC LOS 0 LOSE 24A 1.9 22,600 38,200 52,900' 63,200 73,500 NlA 36100 50 900 59 600 68 400 24B 0.5 0 37 600 43 SOO 46 700 49200 ~ , ~ .. TOTAL 2,4 (( _. f7", ~ , Agend,,\'ltem No. BC Febmary 14. 2006 Page 53 of 80 COLUER COUNTY ROUTE.SPECIFIC SERVICE VOLUMES SEGMENT WEIGHTED AVERAGE CALCULATIONS SEGMENT 2S CALCULA nONS 1.1e of Caorl Road - New York Drlvoto Marco 1.land Beldoe PEAK DIRECTION !Angth PEAK DIRECTION INPUTS WEIGHTED AVERAGE Seamont Inmll.. LOSA LOSB LOSC LOS 0 LOSE LOS A LOSe LOSC LOS 0 LOSE 25A 0.6 450 710 960 1,260 1,680 NIA 1080 1230 1,360 1,580 25e 1.0 0 1,220 1,310 1,390 1,460 25C 1.0 I 0 1,350 1,450 1,510 1;580 250 0.5 450 710 960 1260 1,880 ~ 3.1 -: TOTAL .. :z: ... '" H PEAK HOUR teOTH DIRECTIONSI INPUTS PEAK HOUR (eOTH DIRECTIONS) !Angth WEIGHTED AVERAGE Seomont In mil.. LOS A Lose Lose LOS 0 LOSE LOS A LOSB Lose LOSD LOSE ~5A 0.8 860 1,340 1,82'0- 2,390 3,190 NlA 2040 2330 2620 2,990 ''3 1.0 0 2,310 2,460 2,630 2,760 1.0 0 2,550 2,740 2,860 3,000 1'50 0.5 860 1,340 ~o 2,390 3,190 , ... .. III t" '" ~ I ... U\ TOTAL 3.1 ... ANNUAL AVERAGE DAILY !Angth ANNUAL AVERAGE DAILY TRAFFIC INPUTS WEIGHTED AVERAGE Seomont Inmlle. LOSA Lose Lose LOS 0 LOSE .. LOS A LOSB Lose L 25A 0,6 6,900 13,600 16,700. 24,600 32,900 N/A 21,100 24,000 2 258 1.0 0 . 23,600 25,600 27,100 26,500 25C 1.0 0 26,300 26,200 29,500 30,900 250 0.5 6900 13600 16,700 24,600 32,900 ~::em~J 7,000 ._.1.0"8oJ1 TOTAL 3,1 '^fF=If':II^\fr \"11I< (, ( - A(;nda item No. Be February 14, 2006 Page 54 of 80 SEGMENT 415 CALCULATIONS COLUER COUNTY ROUTE-SPECIFIC SERVICE VOLUMES SEGMENT WEIGHTED AVERAGE CALCULATIONS Cal US 41 - Rattl'"1\II1le Hlmmock Road to ole 0' apr Road PEAK DIRECTION Length PEAK DIRECTION INPUTS WEIGHTED AVERAGE Seoment In miles LOS A LOSB LOS C LOS 0 LOS E LOS A LOSB LOSC LOS 0 LOSE 45A 0.5 0 730 1,940 2,290 2,410 N/A NlA 2750 3,280 3,730 45B 3.3 1,150 1,9<10 2,680 3,200 3,720 46e 0.5 0 0 3990 4790 5090 TOTAL 4.3 PEAK HOUR (BOTH DIRECTIONS) -- 18ngth PEAK HOUR {BOTH DIRECTIONS I INPUTS WEIGHTED AVERAGE S,gment Inmll.. LOSA LOSB LOS C LOS 0 LOS E LOS A LOSB LOSC LOSO LOSE 45A 0.5 0 1,240 3,270 3,880 4,060 NlA NlA 5,300 6 320 7 200 45B 3.3 2,250 3,770 5,230 6,240 7,260 - . ~._- ---..---,-= 45C 0.5 0 0 7770 9350 9930 >i ,. '" t< '" TOTAL 4.3 ~ I .. '" I -.--........--.----. A Length ANNUAL AVERAGE DAILY TRAFFIC INPUTS Seoment In miles LOS A LOSB LOS C LOS D - LOS E LOSA__ 4SA 0,5 0 12,700 33,700--- 39,800" 41,900 N/A 46B 3,3 23,200 38,900 53,900 64,400 74,800 450 0.5 0 0 _ 80,100.___ 96,300 --.102,300 NNU~~~~~~~dERAFFiC---..- J LOS B LOS C LOS 0 LOS E "'::-'Nli\-=, 54,600 65,200"--'74,200 TOTAL 4.3 WEIGHAVE,WK4 Agenda lIem No. 8C February 14, 2006 Page 55 of 80 . , J:t. (O~ I LfJ1 R (()fj R2LN-TAB 4." Rural2-Lane Level of Service Tables Ba8ed on C~ 80/ Ill. 1m HghwayCepaclty Manual Florida Department of Transportation Sy~MnsP.nNngOffice.May2000 - . ~. ~ ~,.r...,.., -~~,.,y'Q. ~\.~ ~. Road Name: US 41 f.1\<Sr 01' GxLtru. \?It-VD. Study Time Period: PM PEAK AADT: 4,707 User NolllS: o.fauh K Factor: 0,093 o Factor: 0,640 Peak Hour Factor: 0.880 Adjusted Saturation Flow Rat.: 2,600 (BI-dlrection) Free Flow Speed (mph): 55 No passing ;tone:' 20 % Passing LIlne: 0 % left Turn Bay. Y.. PEAK HOUR PI!AK DIRECTION VOLUME LANES A 1 I 140 Level of Servlc. e C 0 290 470 750 , E 1,210 PeAK HOUR VOLUME (80TH DIRElCTIONS) LevelofSwvic:e C 8 640 870 o 1,390 E 2,240 LANES A 2 I 270 ANNUAL AVI!RAGI! DAILY TRAFFIC (MDT) Lovel of Serv~ C B 5,800 9,400 o 14,900 'E 24,000 I LANES A 2 I 2,900 PrInted: 11/28/2001 03:61 :09 PM PLANNING APPUCATION WORKSHEET Inlersection:.J ), <S. 4U CJt.LI Ur.. Bt-v O. Date: 1/11 /0 2- Analyst Cns . Tillie Period Analyzed:~ I-h 1'1X- Project No. Qty /State: tJlrfU~<:" (PC Co~U- BL. V D . 5B 10TAL N-S STREET IltR-1 I jL~ fit '/!'L1 ~ ~O - I ~ z. I R f WBTOTAL . ~.S. H I E-W STREET . J 3gZ. II,.., U25'11 ~ 2.LQ. fu, f,151 EBlOTAL 5M II g 1'/ I NB 10TAL EBU _ ~2. NBLT - UftJ 30 = Z:t't MAXIMUM' WBTH - 5BTH SUM OF CRITICAL CAPACITY =~ _15~!1 VOLuMEs LEVEL WBU SBU o 10 1,200 UNDER = 15t{ OR _ 65f OR EBTH NBTH 1,201 to lAOO NEAR [2J] Ili5(, I > lAOO OVER. (' 4/2- B-W CRITICAL Agenda Item No. Be Februery 14, 2006 Page 56 of 80 SJONAUzED IN'11IUECnONS 9-81 + {'5b N-S CRITICAL IO~9 STATUS? IJtJ OE.IL Agenda Item No. 8C February 14, 2006 Page 57 of 80 ORDINANCE NO. 02- 47 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WlDCH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ArrAS MAP NUMBERED 1610N; BY CHANGING TIlE ZONING CLASSIFICATION OF TIlE HEREIN DESCRJBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUn" PLANNED UNIT DEVELOPMENT KNOWN AS "ASGM BUSINESS CENTER OF NAPLES" PUD LOCATED APPROXIMATELY 1/4 MILE SOUTH OF MANATEE ROAD ON COUJER BOULEVARD (CR 1/951) IN SECTION 10, TOWNSHIP 51 SOum. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF 40.88+/ ACRES; AND BY PROVIDING AN EFFECI1VE DATE. WHEREAS, R. Bruce Andenon, of Young, vanAaseudcrp, Vomodoe and Andcnon, representing Martin S. Alder, Richard L. Scbwartz, Herbert Garil, and Marvin Moyenon, petitioned the Board of County Commissioners to change the zoning classifiOlltion of the herein described teal property. @~~ ~~ NOW, THEREFORE. BE IT ORDAINED by the Board of County Co~~ion~ of2Jlier l.," - .-,. u' "_ Co, r>1-' - < ;::., ' ;:.;; Q' - The :wning classification of the herein dOlcribcd reoJ property 1....~);1,. ~tion 10, Township 51 South, Raose 26 East, Collier County, Florida, is cbanged from . A. RllnIl Agrioulture County, Florida, tha': . :1 SECTION ONE: to "PUD" Planned Unit Development in accordance with the "ASOM Buainc:u Center" PUn Document. attached hereto as Exhibit "A" and incorporated by ~fercncc herein.. The Official Zoning Atlas Map numbered 16tON, as described in Ordinance Number 91-102, the Collier County Lmd Development Code. is hereby amended accordingly. SECTION TWO: This Ordinance sball become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Bom! of County c",...niu;oners of Collier County, Florida, this~ayofC!)th".:. jI.L~ .2002. .,,\1,~~ . ~. f' ~ 1/1 .~.' '. f:. /; .'.', ..,~:',: '-.~ ~.,.:. . .' ,~ - :;:. A~l-;~ ~ - ~.~. .. '''"iffl' ":J J;':;.~ ) AJn '_.~ .:i:_ ~/".~ G E.BROCK.C Attest .s to ~ilnllR'l 119M.ture'DlII- Approved as to Form and Legal Sufficiency BOAlU) OF COUNTY COMMISSIONERS OOLL-2~ BY: m JAMilnl OOLEITA., CHAIRMAN tri.l"t"" .'1) /.Jl<(,llid Marjorie . Student Assistant County Attorney This ordinance fikd witn t+.~ Secretary of ~t~ Offic. the LDl!!iJay Df~-" and acknowledgement of that fili(tf:ceived thls~dot of ~~ B ~14:.'-"""'W-. Y, c.putyCIo.. / PUDEX-20OS-AR-8478 PROJECT #2001050063 DATE: 10/12/05 HEIDI WILLIAMS F:\PUD Documents\ASOM2PUD.doc Agenda IIem ~Jo. 8e February 14. 2006 Page 58 of 80 ASGM Business Center of Naples A PLANNED UNIT DEVELOPMENT 40,88% Acres Located,in Section 10 Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Martin S. Adler Richard 1. Schwartz Herbert GariI Marvin r. Meyerson PREPARED BY: D, Wayne Arnold, AICP Q, Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 And R. Bruce Anderson, Esq, Young, vanAssenderp, Varnadoe & Anderson 80 I Laurel Oak Drive, Suite 300 Naples, Ft 34108 EXHIBIT ~'A" DATE FILED DATE APPROVED BY CCPC , DATE APPROVED BY BCC /1>/ If/IU. ORDINANCE NUMBER ,;I.Jo.;L-'f7 revision elite 8/01/2002 Agenda Item No. Be February 14, 2006 Page 59 of 80 TABLE OF CONTENTS ~ STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION I-I SECTION II PROJECT DEVELOPMENT 2-1 SECTION III BUSINESS PARK 3-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 4-1 EXHIBIT A ASGM BUSINESS CENTER OF NAPLES PUD MASTER PLAN F:\PUD Oocuments\ASOM2PUD.doc:: RYision date 810112002 Agenda Item I'Jo. 8e February 14, 2006 Page 60 of 80 ii STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Martin S, Adler, Richard L. Schwartz, Herbert Garil, and Marvin 1. Meyerson, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 40.88;; acres ofland located in Section 10, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be ASGM Business Center of Naples, The development of the ASGM Business Center of Naples PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan, Business Park Subdistrict. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: I. The subject property is within the Urban Mixed Use District, Urban Coastal Fringe 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, Urban Coastal Fringe Subdistrict is to provide for a variety of residential and non-residential developments such as Planned Unit Developments. 2, The ASGM Business Center of Naples PUD is compatible with and complementaly to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 4. The development of the ASGM Business Center of Naples PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 5. The ASGM Business Center of Naples PUD complies with the location and development criteria for business parks as found in the Business Park Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. 6. All final local development ordm for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code (LDC). SHORT TITLE This ordinance shall be known and cited as the "ASGM BUSINESS CENTER OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". F:\PUD Document5\ASOM2PUD.doc revision dlUC 8101/2002 O,.....~".._.,._~."-_.,._.___._",,."'_."~~.e_. _ Agenda Item No. 8e February 14, 2006 Page 61 of 80 I-I SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSmP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the ASGM Business Center of Naples PUD, and to describe the existing condition of the property proposed to be developed, 1.2 LEGAL DESCRIPTION The South Y, of the North Y, of the SW ~ lying east of State Road 951 and the South Yo of the NW ~ of the SE ~ of Section 10, Township 51 South, Range 26 East, Collier County, Florida. Consisting of 40,88+ acres, 1.3 GENERAL DESCRIPTION OF PROPERTY A, The project site is located in Section 10, Township 51 South, Range 26 East The site is bordered on the north by the Prime Outlet Mall, zoned C-4 and undeveloped property zoned RMF-16 (8); on the south by Silver Lakes PUD; on the east by undeveloped Estates zoned property, and the west by Co1\ier Boulevard (S,R, 951). B. The zoning classification of the subject property at the time ofPUD application was A, Rural Agriculture. C. Elevations within the site are approximately 3,75' above MSL, per FEMA Firm Map Panel No, 120067615 E, dated August 3,1992, the ASGM Business Center of Naples property is located within flood zones AE (7). D. The site is largely vegetated and consists of disturbed Pine Flatwoods, Wax Myrtle, Brazilian Pepper and mixed wetland hardwoods. E, The soil types on the site generally include Oldsmar Fine Sand, Oldsmar Fine Sand Limestone Substratum and Holopaw Fine Sand, Oldsmar Fine Sand represents a majority of the soil types found on the property, This information was derived from the Soil Survey of Collier County Area, Florida, 1998. F, The project site is located within the Collier COlUlty Waler Management District Miscellaneous Coastal Basin, . G. Industrial, light industrial and commercial uses shall be permitted within the Business Park designated portions of the project. F:\PUD Documents\ASOM2PUD.doc revision date 8/01nOO2 Agenda Item No. 8C February 14, 2006 Page 62 of 80 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the ASGM Business Center of Naples PUD, and to identifY relationships to applicable County ordinances. policies, and procedures, 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The ASGM Business Center of Naples PUD will be developed as a business park providing for a mixture of light industrial and non-industrial uses and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed Use District of the Future Land Use Element oftbe CoUier County Growth Management Plan. B. The Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of fmal site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of fmal plat approval in accordance with Sections 3,2.7 and 3.3 respectively of the LOC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the ASGM Business Center of Naples PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC and the Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat. final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standanls, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC, B. Unless otherwise defmed herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LOC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. F:\PUD Docwnents\ASOMlPUD.doc revision da&c &/0112002 Agenda Item No. 8e February 14, 2006 Page 63 of 80 2-2 D, Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land that comprises this PUD, E, All conditions imposed herein or as represented on the ASGM Business Center of Naples Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 32) shall apply to the ASGM Business Center of Naples PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3,2.4. . G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the ASGM Business Center of Naples PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. 2.4 ROADWAYS A, Roadways within the ASGM Business Center of Naples PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3,2.7.2 of the LOC. 2.5 EXCAVATION Removal of fill and rock from the ASGM Business Center of Naples PUD shall be administratively permitted up to an amount of 10 percent per lake (20,000 cubic yards maximwn), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director, taking into account engineering and safety considerations during the development review process and prior to any installations, F:\PUD Documcnu\ASGM2PUD.doc revision due 8I01f2002 Agenda Item No. Be February 14, 2006 Page 64 of 80 2-3 2.7 CHANGES AND AMENDMENTS TO POO DOCUMENT OR POO MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or pennit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the ASGM Business Center of Naples Master Plan, The PUD Master Plan is a conceptual pIan containing approximate acreages of each land use. The actual acreages shall be detennined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations, A. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. B. Minor changes and refmements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refmements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. C. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refmement without first obtaining all other necessary County permits and approvals, 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or similar entity. The Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetua1 maintenance of common facilities and open spaces. F:\PUD Documcnts\ASGM2PUD.doc revision date 810112002 Agenda Item No. 8e February 14, 2006 Page 65 of 80 2-4 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the ASGM Business Center of Naples PUD. The following standards shall apply: A. Landscape berms shaIl have the following maximum side slopes: I. Ground covered berms 3: I 2. Rip-Rap berms 2:1 B. Landscape buffers shall be required' as shown on the Conceptual Master Plan, Exhibit "A", The Type "B" buffer adjacent to the project's northern property boundary where abutting RMF-I6(8) zoned property shall be a minimum of 25 feet in width and shall meet the vegetative height, opacity and landscape standards for Type "B" buffers per Section 2.4.7.4 of the LOC. C, Landscape buffers, berms, fences and walls may be constructed along the perimeter of the ASGM Business Center of Naples PUD boundary prior to preliminary subdivision plat and site development plan submittal. D, Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers, consistent with Section 2.4.7.3 of the Collier County LDC, E, Landscape berms located within the ASGM Business Center of Naples PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located a minimum offive feet (5') from the property line and/or right-of-way line, 2.10 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of land under unified ownership or control, as set forth in the LDC, Section 2.220.23. B, The ASGM Business Center of Naples PUD is a planned community and wiIl be developed under unified control. The Developer wiIl establish design guidelines and standards for business services, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similar facilities. F:\PUD Documcnll\ASOM2PUO.doc revision date 81OJ12002 Agenda !tern No. Be February 14, 2006 Page 66 of 80 2-5 C. AIl primary and secondary business parle land uses shall be subject to Division 2.8 of the Collier County Land Development Code. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property, 2.12 GENERAL PERMITrED USES Certain uses shaIJ be considered general permitted uses throughout the ASGM Business Center of Naples POO, General permitted uses are those uses which generally serve the Developer and residents of the ASGM Business Center of Naples POO and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: l. Essential services as set forth under LOC, Section 2.6.9.1. 2, Water management facilities and related structures, 3, Lakes including lakes with bulkheads or other architectural or structural bank treatments, 4, Community recreationalfacilities, 5, Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary llCCess ways, parking areas and related uses to serve such offices. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this POO. 7, Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) , B, Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: I. Setback from back of curb or edge of pavement of any road - Ten feet (IO'). F:\PUD Documents\ASGM2PUO.doc revision date 810112002 Agenda Item No. 8e February 14, 2006 Page 67 of 80 2-6 2, Setback from PUD boundary - Fifteen feet (IS'), 3, Minimmn distance between umelated stmctures - Ten feet (10'). 4, Maximmnheight ofstmctures-Forty-five feet (45'). 5. Minimum lot or parcel area - 15,000 square feet 6. Standards for parking, lanrl""l\ping, signs and other land uses where such standards are not specified herein shall be in accordance with LDC in effect at the time of site development plan approval. 2.13 OPEN SPACE REQUIREMENTS The CoIlier County Land Development Code requires that mixed-use projects maintain open space at a minimmn of 30"/0 of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever may be required, 2.14 SIGNAGE A. GENERAL I, All CoIlier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section. in which case the PUD Docwnent shall govern, 2, Signs shall be permitted in private rights-of-way. 3, All signs shall be located so as not to cause sight line obstructions, 4, All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein, F:\PUD Doeumenll\ASOM2PUD.doc revision date I/O I 12002 Agenda Item No. Be February 14, 2006 Page 68 of 80 2-7 B. ENTRANCE SIGNS I. Two ground or wall-mounted entrance signs maybe located at the entrance to the subdivision within the PUD. Such signs shall only contain the name of the subdivision or the insignia or motto of the development. 2. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or momnnent upon which it is located. 3, The setback for the signs from the public right-of-way and any perimeter property line shall be 15 feet. .' C. DIRECTORY SIGNS I. One directory sign shall be permitted at the project entry, The maximum sign area shall be 250 square feet and the sign shall not exceed 25 feet in height The sign shall be set back a minimum of 15 feet from the Collier Boulevard right-of-way. Names of business located on out-parcels shall not appear on directory signs. D. TRAFFIC SIGNS I. Traffic signs .such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria, 2,15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2,7.2 of the LDC, B. Roadways within the ASGM Business Center of Naples PUD shall be designed and constructed in accordance with Section 3.2.8,4.16 of the LDC with the following substitutions: I. Section 3,2,8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for public or private local streets and cul-de-sacs shall be forty (40') feet. F,IPUD DocumenuIASGM2PUD.doc revision date 8/0112002 Agenda Item No. 8e February 14, 2006 Page 69 of 80 2-8 2. Section 3.2.8,4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimwn of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3,2,8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets, - 5, Section 3.2.8.3.17.3, Sidewalks, bike lanes and bike paths The primary roadway network serving the ASGM Business Center of Naples PUD shall be required to have a 5 foot wide sidewalk on each side of the roadway, extending from the entrance on Collier Boulevard to the eastern boundary of the northernmost Primary and Secondary Business Park tract, A 5 foot wide sidewalk shall be provided on one side of the remainder of the primary roadway network. Cul-de-sacs serving fewer than four building lots shall not be required to install sidewalks. The general location of the sidewalk system is shown on Exhibit A, Conceptual Master Plan. F:\PUD D<x;umenls\ASGM2PUD.doc: revision date 810112002 Agenda !tern ~Jo. 8e February 14, 2006 Page 70 of 80 3-1 SECTION UI BUSINESS PARK 3.1 PURPOSE The purpose of this Section is to identifY permitted uses and development standards for development areas within the ASGM Business Center of Naples PUD. 3.2 GENERAL DESCRIPTION The approximate acreage of the business park is indicated on the Master Plan, This acreage is based on conceptual designs and is approximate, Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LOC. 3.3 PERMITTED USES AND STRUCI1JRES A. Permitted primary uses. One-hundred percent of the ASGM Business Center of Naples PUD district acreage is allowed to be developed with the following uses: I. Aircraft and parts (groups 3721-3728) 2, Apparel and other finished products (groups 2311-2399) 3, Building construction (groups 1521-1542) 4. Business services (groups 7311, 7312. 7334, 7338, 7342- 7389) 5. Communications (groups 4812-4899, including communication towers limited in height to 100 feet and subject to Section 2,6,35.6.2.1, of the LOC.) 6, Construction: Special trade contractors (groups 1711-1799) 7. Depository and non-depository institutions (groups 6011-6163 6019. 6081,6082) 8. Drugs and medicines (groups 2833-2836) 9. Eating places (group 5812 not including fast foods, walk-up windows and drive-through restaurants) 10. Educational services (groups 8243-8249 8221-8299, 8331) F:\PUO Oocumcnts\ASGMJPUO.doc revision date 110112002 Agenda Item No. Be February 14, 2006 Page 71 of 80 3-2 II, Electronics and other electrical equipment manufacturing (groups 3612- 3699) 12. Engineering, accounting, research, management and related services (groups 8711-8748) 13, Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098,2099) 14. Furniture and fixtures manufacturing (groups 25 II -2599) 15. Governmentofficeslbuildings (groups 9111 - 9222, 9224-9229, 9311, 9411-9451,9511-9532,9611-9661) 16 Health services (groups 8011-8049) 17 Industrial and commercial machinery and computer equipment (groups 3511-3599) 18, Industrial inorganic chemicals (groups 2812-2819) 19, Job training and vocational rehabilitation services (group 8331) 20. Leather and leather products (groups 3131-3199) 21. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812-3873) 22. Medical clinics (groups 80 II, 8021, 8041-8049), provided that said use shall be permitted only as a related, accessory use, supportive and incidental to the primary, planned research office facilities and further provided that any such use shall be oriented internally to the major development of the planned research office facilities, with no direct access to major arterials external to the project. 23. Medical laboratories and research and rehabilitative centers (groups 8071, 8072,8092,8093) 24. Membership organizations (group 8611, business associations; group 8631, labor unions and similar labor organizations) 25. Miscellaneous manufacturing industries (groups 3911-3999) 26, Motion picture production (groups 7812-7819) F:\PUD Doeuments\A.SGM2PUO.doc revision date 810112002 Agenda !tern No. 8e February 14, 2006 Page 72 of 80 3-3 27, Motor freight transportation and warehousing (groups 42 I 4 and 4225- indoor storage only) 28. Paper and allied products (groups 2621-2679) 29. Personal services (groups 7211-7219) 30. Plastic materials and synthetics (groups 2821, 2834) 3 I. Printing, publishing and allied industries (groups 271 I -2796) 32. Professional offices (groups 631 1-6399,641 1,6531,6541,6552,6553, 6712-6799,8111) 33. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) 34. Security/commodity brokers (group 621 I) 35. Social services (group 8331) 36, Transportation equipment (groups 3714, 3716, 373 1,3732, 3751, 3792, 3799) 37, U.S. Postal Service (group 431 I) 38, Wholesale trade (groups 5021-5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099,51 I 1-5159. 5182, 5191-5199) 39, Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Permitted secondary uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the ASGM Business Center of Naples PUD: L Amusement and recreation services (groups 7911, 7922, 7933, 7991) 2, Child day care services (group 835 I) 3. Depository and non-depository institutions (groups 6021-6062.6091, 6099,6111-6163) 4. Drug stores (group 5912, limited to drug stores and phannacies) in conjunction with health services groups and medical laboratories/research! rehabilitative groups. F:IPUD DocumcnlslASOM2PUD.doc revision dale &10112002 Agenda Item I'Jo. 8e February 14, 2006 Page 73 of 80 3-4 5. Hotels (group 7011, up to 26 hotel units per acre density) 6, Membership organizations (groups 8611, 8621, 8631) 7. Museums and art galleries (group 8412) 8. Personal services (groups 7221-7231, 7241, 7291) 9. Professional offices: travel agencies (group 4724) C. Uses accessory to permitted primary and secondary uses: I, Uses and structures that are accessory and incidental to uses permitted as of right in the PUD, 2. Caretaker's residence, .subject to Section 2.6.16 of the LDC, 3, For primary business park uses, retail sales and/or display areas as accessory to the principatuse shall not to exceed an area greater than 20 percent of the gross floor area of the pennitted principal use and is further subject to retail standards for landscaping, parking and open space. 3.4 Development staDdards A. Minimum lot area: 20,000 square feet. B. Minimum lot width: 100 feet. C Minimum yard requirements for principal and accessory structures: I. Front yard: a. Collier Boulevard:. Fifty feet (50') b. Intemal roads: Twenty-five feet (25') 2, Side yard: Ten feet (10') 3, Rear yard: Ten feet (10') 4. From PUD boundary: Twenty-five feet (25') 5, Distance between structures: If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of their heights. whichever is the greater. F:\PUD Doeumenu'A.SOM2PUD.doc revision date 8/0112002 Agenda Itern No. Be February 14, 2006 Page 74 of 80 3-5 6, Maximum height of structures: Forty feet (40'), except that architectural features and non-structural building elements may be constructed to a maximum height of fifty feet (50'). 7. Minimum floor area: One thousand square feet. F:\PUD DocwncnlS\ASGM2PUD.doc: revision date &10 J 12002 Agenda Item No. Be February 14. 2006 Page 75 of 80 4-1 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the ASGM Business Center of Naples project. 4.2 PUD MASTER DEVELOPMENT PLAN A, AU 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 PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract bOlmdaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 4.3 ENGINEERING A, Except as noted herein, all project development will occur consistent with Division 3,2 and 3.3 of the LDC. 4.4 lJ1rILITI~ A. Water distribution, sewage coUection and transmission systems shall be constructed throughout the project by the Developer. Central water and wastewater service wiU be provided by the appropriate governmental and/or private utility provider. Appropriate utility easements wiU be dedicated to the utility provider in accordance with the procedure adopted by the utility provider, B, Upon completion, the utility facilities shall be tested to insure that they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C, Utilities shall be designed in accordance with the CoHier County Utilities Ordinance No. 97-17. F;\PUD Documents\ASOM2PUD.doc revision date 810112002 , . Agenda Item ~Jo. Be February 14, 2006 Page 76 of 80 4-2 4.5 WATER MANAGEMENT A, The project shaH be designed in accordance with standards of the South Florida Water Management District, 4.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Current Planning SeCtion 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. A minimum of 15 percent (6.1 acres) of the site's viable naturally functioning native vegetation shall be retained or replanted in accordance with Section 3.9.5.5.4 of the Collier County Land Development Code. However, this policy shall not be intezpreted to allow development in wetlands, should wetlands alone constitute more than the portion of the site required to be preserved. For this site, a minimum of 7,93 acres including these wetland areas and native vegetation shall be retained on-site. 4.7 TRANSPORTATION A. All project access points shall be coordinated with the State Department of Transportation. B. Arterial level street lighting shall be prtlvided by the developer at all project entrances at the time access improvements and infrastructure improvements are installed to support development of each individual tract. C, Signage and street markings shall be consistent with MUTCD standards. D. Potential interconnection locations to properties north of the ASGM Business Center of Naples PUD are conceptual in nature and the actual location shall be determined by mutual consent of property owners prior to site development plan or final plat approval. 4.8 STORMW A TER MANAGEMENT A. A copy of the South Florida Water Management District surface water management permit, permit modification or waiver shall be submitted to Collier County prior to" site development plan approval. r:IPUD DocumenlS\ASGM2PUD.doc revia:ion date &IOJI2002 Agenda IIem No. 8e February 14, 2006 Page 77 of 80 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the TWentieth Judicial Circuit, Collier County, Florida~ do hereby certify that the foregoing is a true copy of: ORDINANCE NO, 2002-47 Which was adopted by the Board of County Commissioners on the 8th day of October, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 11th day of October, 2002. DWIGHT E. BROCK ..- >:,;:.::S';;", Clerk of Courts and .Cle:r;JF';;'. . "::~ Ex-officio to Board of .' ~, " " ~ . . ~, I.... .' _ . County commissioners '-. '=;,,: .." ~'., (:,.~(, Q./~//," ~ '.:". ;';'~/ .. OI/~e5 . c.....- By: Ellie Hoffman, ..... . Deputy Clerk ~ -- -,~ -~ - - - C PROJECT f LOCATION '-=- .~ Agenda Item r>Jo. 8S February 14, 2000 . Page 78 of 80 oQ ! . . -~ ! I ~ LO~~~~ON I " 1 . "_l.I.I<l'tlIOCU' . . L LOCATION MAP #pUDEX- 2005- AR- 8478 PETITION SITE MAP Agenda Item No. 8e February 14, 2006 Page 79 of 80 c c ~......... .....t;.y From: Heidi Wiliams, Principal Planner, Zoning & Land Development Review Dept. Marcia Kendall~anner. Comprehensive Planning Dept. To: Date: November 4, 2005 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDEX-2005-AR-8478 PETITION NAME: ASGM Business Center of Naples PUD REQUEST: Extend the approved time period for an existing PUD by two (2) years, so as to allow the landowner to complete development activities that were approved and adopted on October 8, 2002 by Ordinance # 02-47. LOCATION: The subject PUD is located in Section 10, Township 51 South, Range 26 East, and is bordered on the north by the Prime Outlet Mall, zoned C-4, and undeveloped property zoned RMF-16(8); on the south by Silver Lakes PUD; on the east by undeveloped Estates zoned property, and the west by Collier Boulevard (SR951). COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. The AGSM Business Center of Naples PUD, comprising 40.88:1: acres, was approved for a mixed use of Industrial, light industrial and commercial uses utilizing the Business Park Subdistrict. No changes are proposed to this PUD and there have been no amendments to the Growth Management Plan since the time that the PUD was approved that would affect the approved uses. FLUE Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. CONCLUSION: Based on the above analysis, the proposed extension may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Comprehensive Planning Department Agenda Item NOi ae February 14, 2006 Page 80 of ao RESOLUTION NO. 06 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, PURSUANT TO SECTION IO.02.I3.D, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 02-47 KNOWN AS ASGM BUSINESS CENTER OF NAPLES PUD, EXTENDING THE CURRENT PUD APPROVAL TO OCTOBER 8, 2007; AND PROVIDING AN EFFECTWE DATE. VYHEREAS, the ASGM Business Center of Naples PUD, Ordinance 02-47 adopted on October 8, 2002, is subject to the provisions of Section 1 O.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 Growih Management Plan; and WHEREAS, the Board of COlmty Commissioners has reviewed thc PUD and has determined to extend the current PUD Zoning for two years. until October 8, 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 to.02.13.D. of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to October 8, 2007 at the end of which time the owner shall submit to the proceMres in LDC Section 10.02.13.D. TIlis Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done tillS ___ day of ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk - - ,---,.----- CHAIRMAN Approved as to Form and Legal Sufficiency: "7')j" "II ,:'';// A' t' - tJt;/d.fJ1S Mar-jode M. Sludent~Stirling Assistant County Attorney PUDEX-2005-AR-8478/HWisp Page I of 1 Agenda Item 1'0. 8D February 14, 2006 Page 1 of 41 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, "Collier County Emergency Medical Services Impact Fee Update Study", establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. _. OBJECTIVE: That the Board of County Commissioners (BCC) adopt an Ordinance amending Schedule Seven of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance [CIFO]) to retlect the amended impact fee rates set forth in the impacI fee study, providing the incorporation by reference of Ihe impact fee study entitled, "Collier Counly Emergency Medical Services Impact Fee Update Study" and establishing methodology for the annual indexing adjustment 10 the Emergency Medical Services Impact Fee rates in order to continue to accurately provide financial resources for the construction and/or expansion of the County's Emergency Medical Services system. CONSIDERATIONS; Collier County has used impact fees as a funding source for growth-related capital improvemenls relaled 10 Emergency Medical Services since 199 I. The BCC established the current impact fee rales in October of 2000; therefore, these rates have been in place for more Ihan five years. The requirement for the update of impact fees "at least every Ihree years" is set forth by Section 74-502 of the Collier County Consolidated Impact Fee Ordinance (CIFO). In keeping with Ihe formal update requirement, the County executed a consullant contract with Henderson, Young and Company to complete the update study; however, thaI contract was terminated by the BCC in February of 2005, with further direclion given, Ihrough the County Manager for staff to retain a new consulIant to complete Ihe sludy. Tindale-Oliver and Associates, Inc. (the Consultant) was selected as the new consultant on March 18, 2005. The attached report describes the technical and legal framework and methodology used 10 complete this update study. The fee schedule proposed in this update utilizes the same rate slructure being utilized in the current fee with rates specific 10 various types of residenlial and commercial land uses. The proposed fee schedule is considered by the Consultant to be the most accurate and legally defensible option for the imposition of these impact fees. - EMS Impact Fee Update Page 2 Acenda Item No. aD 'February 14, 2006 Page 2 of 41 Below is a side-by-side comparison of examples of current and proposed residenlial and commercial rates per land use: LAND USE CURRENT PROPOSED DOLLAR RATE RATE CHANGE (PER 1,000 SQUARE (PER 1,000 SQUARE (PER] ,000 SQUARE FEET) FEET) FEET) Office (< 50,000 sf) $83.00 $133.22 $50.22 Retail (< 50,000 sf) $210.00 $228.94 $18.94 General Industrial $4 1. 00 $55.04 $14.04 Church $34.00 $45.47 $11.47 LAND USE CURRENT PROPOSED DOLLAR RATE RATE CHANGE (PER UNIT) (PER UNIT) (PER UNIT) Residential (2,000 sf) $104.00 $ I 09.28 $5.28 On December 21, 2005, the proposed Emergency Medical Services I mpact Fee rate schedule and the updated study were presented 10 the Collier County Productivity Committee for review and consideration. The Productivity Committee voted 10 supp0l1 the scope and methodology of the study and the implementation of the new Emergency Medical Services Impact Fee rate schcdule. The proposed Emergency Medical Services ImpacI Fee rate schedule and the study were also presented to the Development Services Advisory Committee (DSAC) on January 4, 2006. The DSAC voted unanimously 10 accept the sludy, as it is required by the provisions of Chapter 74 of the Code. GROWTH MANAGEMENT IMPACT: The adoption of the proposed Emergency medical Services Impact Fee update is consistent wilh Objective 1.2 of the Capital Improvement Element (C1E) of the Collier County Growth Management Plan (GMP), which states: "Future development will bear a proportionate eost (if facility hnprovcmcnts necessitated hy grolvth." The proposed impact fee rates are designed to provide adequale funding for Emergency Medical Services capilal improvemenls necessilated by growth. Additionally, in regard to the effects of impact fees on new housing development, a 2,000 square foot (living area) single-family home would have an associated Emergency Medical Services ImpacI Fee of$109.28, an increase of$5.28, which is less than a one- half percent increase in the current lotal impact fees for a single-family home (on Collier County Water and Sewer). EMS Impact Fee Update Page 3 Further, on July 27, 2005, Ihe Board of County Commissioners adopted an amendment to the CIFO establishing Ihe County-wide Impact Fee Deferral Program for affordable housing. Therefore, this impact fee increase will be included in the total deferred amount for qualifying dwelling units and will not create a financial burden to those qualifying individuals. FISCAL IMPACT: Based upon assumptions from actual pasl collections of Emergency Medical Services Impact Fees and permitting activity as well as from current permitting activity and forecasls, the projecled change in Emergency Medical Services Impact Fee revenue, associated to the study and corresponding fee schedule changes, is anticipated to be approximately 16% or an additional $150,000 in annual collections; however, changes in the trends associated with the sizes of new homes being constructed in Collier County and the types and square footage of commercial construction will directly affect this incoming impact fee revenue stream. Upon adoplion of this Ordinance, the County will commence the three-year Emergency Medical Services Impact Fee update cycle pursuant to Subsections 74-201.b. and 74- 502.a of the CIFO as well as the requirement for annual indexing of Ihe Emergency Medical Services Impact Fee. The annual indexing adjustmenls ulilize information from just property values published by Ihe Collier County Property Appraiser's Office, building cost index published by the Engineering-News Record, and the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statislics in order to incorporate changes in the relevant costs of providing Emergency Medical Services facilities and capital equipment. LEGAL CONSIDERATIONS: The proposed Ordinance is legally sufficient for Board consideration and approval. RECOMMENDATION: Slaff recommends Ihat the Board of County Commissioners adopt the attached Ordinance, amending Chapler 74 of the Collier County Code of Laws and Ordinances (Ihe Collier County Consolidated Impact Fee Ordinance, as amended), implementing the proposed Emergency Medical Services Impact Fee rates with a delayed effective date of April 3, 2006. Prepared by: Amy Patlerson, Impact Fee and Economic Development Manager. Operalions Support and Housing, CDES lIemNumber: Item Summary: Meeting Date; COLLIER COUNTY 80/\I\D OF COUNTY COMMISSIONERS 80 Recmnmendaiicn thai the Board of ':;ounty Comm,s.ioneti adopt IW O'(!lnl1nce amendi',g SCIH)<lUI~ Seven of Appendix ,\ "f cr'<J!,tcr 74 of !',e Coni", County Cade o! L.EW' and OmmllncH iThe Cellier County Consolida'ed Impil~1 Fee OrdinanceL ie refiecl ihe amended rates setlorih III the IFTWllctfee study. pro...idlng forlne incorporation by 'el~rill1c" e' tne Imoact lee sjudy entilled C:oliier County Emergency Med,c;;i Services Impilct Fee Upd8\", S\uuy. eSlabiish"W mMhodoiogy IOf tlw, annual intJcKing au!u~lmen: to H.e E",m"rgency Me~icat SaNICN imp3~\ Fec R;lIB~. 3~d pro\'id'~g for a ~eI8y...d effec1;ve- dms "I Apei' 3 2D05 2.'t4i200SSCOOOAM Impact F.,., M"nagur D.. P""1'8red By AmyPatters,," Community [lQ""I"rm~fll &. Envi",,,,,,cnlaIS..rviG"s Fin~nc",1 Adm;n. & H"usi~~ l1JO<'~OO63,W:lePM "~~istAntCount)i f.no,.,.,,'y Dtio Appl"Oved R~' J"ffKlatzkow CaumyAllon'n~ C"'mty Artornl'Y Olfice 1/3(1.'2(11)6 ~:Il~ PM Fi,,~ncjal Atimin I< H"u~"'!l Oi",<;I", D"je App,.oved By Dml10flBakN Ccmm""ilYD..""k'pmer>1& E,.."itonm",nrul S"l"'Ij",,~ Fin~ndal Atlmin. &. Housing lIJ112Q\iS11:1SAM EMSChiul W,t. App,.owd By J~>lf Page B"'fI<lu<.>fE".."gency S"rv;r."s EMS 113112BOf4,31 PM "',. Approv~d By Jos"phK.Sr.hmil:l Community Dev<!l(>rH<l~1l1 &. E"v!wllme"\~i Setvi<;~~ C"mmunltyDe"elopmf'1l1& ~onvir<>mllent..1 Smvict!~ Adm;nstra!or Cornfll\1llityDev..lopm"llll< E"v"onm~lltalSurv,e"sA"mil1 2!1iZOOS&,HAM n~t.. Approved By S",,<lrn L.." [;."culiv~ "'''"'''mry 2:ti2110S1e:1l1Afi;'I AI'proved B}' Community D~vei"p"wnt &. C"mmu"ity D~~"IQpm"'" &. Eflvlnmm""taiS"rvic"$ En\'i"'nm~nta!S"'v,ce"Adm\n. P"te C",nMa"",, A. John"on Optrfj\\i",lS An...l,,;.! Approved By C",mmou,ty D~wl"Wrl~nl &. Comm1<nily D"Wiol>f<ll'1l! $. Env"ollmt!,,\~l5,,[\iicl<$ En"i,o"mentaIS",y,cesA<:lrnm. 2!112;)01> 11:1&/11{ OMSCoonj,m,t'" Co~my M"""\I"j-'; OtriCI> A<lmill;MratiwA.""istanl 0.. OIfk"ofM"M!l~"'''IlI&B''<.lg'''l 2!ii20e&Hl1I'M S.,nie, Ma"aq,,,,,..,,VB,,cl<lif AUill)'SI D~l.. AI'I,rove-d By ::","~" U.sh"" Counlv M""..~",'" Otlie.. ON'ell ,,/ M~""W"""'lt Ii.. !}l.":i~l(>l ?!G!,UUC3:;l4f'M C<I""tyMIl""'J'" 1)~I(' AP1".OVl"d By J.nmsV. M.,dd S"artloICo""ty :::(""",i~~;(l""r<; C""nty M"fl"g..f,. Offica !i7i2%$9,~1A.M COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Agenda Ilem No. 8D (i)bruary 14,2006 Page 5 of 41 ~ '0,,<> To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) o Other: ....**.....*******.**.****........****..***********.**....**..._.._-*_....*-_.*....._*_.*.*_._.._._._-_..- Originating DepV Div: CDESI Impact Fee Administration Person: Amy Patterson Date: January 26,2006 Petition No. (lfnone, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Februarv 14. 2006 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SEVEN OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY EMERGNCY MEDICAL SERVICES IMPACT FEE STUDY UPDATE"; AMENDING THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE YEAR INDEXING FOR THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES: AND PROVIDING FOR A DELAYED EFFECTWE DA TE OF APRIL 3, 200n. Companion petition(s), ifany & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 131-138902-649100 //d-b/O~ . Date List Attachments: I. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For bearings before Bee 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: o County Manager agenda file: to Clerk's Office o Requesting Division o 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: Date of Public hearing: Date Advertised: ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SEVEN OF APPENDIX A OF CHAPrER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE STUDY UPDATE"; AMENDING THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE INDEXING FOR THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE DATE OF APRIL 3, 2006. WHEREAS, on June 27, 2000, the Board of County Commissioners adopted Ordinance No. 2000-48, amending the Collier County Emergency Medical Services Impact Fee Ordinance. thereby establishing the County's then applicable Emergency Medical Services Impact Fee rates, and, as such, those rates have been in effect for more than three (3) years; and WHEREAS. on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13. the Collier County Consolidated Impact Fee Ordinance. repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"), and incorporating the aforementioned Emergency Medical Services Impact Fee rates that had been established by the adoption of Ordinance No. 2000-48; and WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Tindale-Oliver and Associates, Inc. (the "Consultant") to review the existing Emergency Medical Services Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County Emergency Medical Services Impact Fce Study Update," dated January 6, 2006 (hereinafter the "Study"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated hy growth in Collier County; and WHEREAS, the Study recommends changes to the Emergency Medical Services hnpact Fee rate schedule, as set forth in Schedule Seven of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS. the Study also recommends establishing the proposed impact fee rates in order to more equitably distribute the costs of acquiring public IJnderlinedtextislodded;~trlIsklt li~texlisdeleted Agenda Item Ne. 8D February 14, 2006. Page 6 of41 facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and residential land uses; and WHEREAS, the Consultant has developed fee calculation and indexing methodologies that will be imposed in an equitable and non-discriminatory manner; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Emergency Medical Services Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I. General, Section 74-106, Adoption of impact fee studies, of the Collier COWlty Code of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of impact fee studies. ... (5) Emergency medical services: EmergeRe~' HeEiieal SeF" iees De"elsl1m.eat :Imflast Pee C~8atea St;ua~', Cellier C:Sli.Hlj, PlBFifia," f1Feflarea by Crs'..4\ }fanagsffisHt ARWysts, IRe. (JuRe 27, 2999) "Collier County Emenrencv Medical Services Imoact Fee Study Uodate." oreoared bv Tindale~Oliver and Associates. Inc. (Januarv 6, 2006); ... SECTION TWO. Article II, Impact Fees, Section 74~201, Imposition of impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ... (b) Impact fee rates. The board hereby adopts the impact fee rates incorporated by reference in sections 74-302 through +4--3@ 74- 311, inclusive, and as set forth in schedules 1 through .g 10, inclusive, appended hereto as appendix A, which shall be imposed upon all development occurring within the county. These rates may be changed form time-to-time by resolutions of the board, provided the board holds a puhlic hearing with regard to the schedule amendments. ... SECTION THREE. Article ill, Special Requirements for Specific Types of Impact Fees, Section 74-306, Same - Emergency medical services impact fee, of IJnderlined teAt is aaded; E\fulllri tI""'B~sk teXI is deleted Page2of6 Aoenda Item ['I/o. 80 vFebruary 14. 2006 Page 7 of 41 . the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-306. Same. Emergency medical services impact fee. ... (f) Impact fee rates. The emergency medical services impact fee rate schedule incorporated in schedule ~I is hereby adopted and the emergency medical services impact fees established in the emergency medical services impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. (pl Annual Mid-Cvcle Emerrlfmcv Medical Services Imvacl Fee Rate Indexinf!. Becinnin2 on Februarv 14. 2006 the Countv shall commence a three-Year Emeru:encv Medical Services Imoact Fee uodate cycle uursuant to Subsections 74-20Hb) and 74-502(a) of the Code. In each of the two (2) mid-cycle years (between the formal three-vcar uodates) be2innin2 on or about Anril 1. 2007. the County shall imolement adiustments to the emenlencv medical services imo3ct fee rates throucll adjustments to land. buildinl!. and eauinment costs based on iust oronertv values oublished bv the Collier County Pro-oertv Aooraiser's Office. buildine cost index published bv the Ene:ineerinl!- News Record, and the Consumer Price Index Dublished bv the u.s. Deoartment of Labor. Bureau of Labor Statistics. as soecified in the imnact fee uodate studv. Mid-cvc1e indexed rate chanl!e adjustments shall be adooted bv a Resolution of the Board oursuant to Suhi\ection 74-201.b. of this ChaDter. SECTION FOUR. 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, [f any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FlVE. INCLUSION IN CODE OF LAWS AND ORDINAl'iCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX. EFFECTIVE DATE. This Ordinance shall be effective April 3, 2006, subject to filing with the ~textisadded;Slflil.thraagbu,xtisdcleted Page3of6 Agenda Item No, 8D February 14,2006 Page 8 of 41 Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of ATTEST Dwight E. Brock, Clerk By: , Deputy Clerk App Jeffrey . Kla Assis Coun ,2006. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman ciency: 1 Jnderlined text is added; ~- f' t~flf~Jk text is deleted Page4of6 Agenda Item No. 80 February 14, 2006 Page 9 of 41 APPENDIX A SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE Impact Fee Land Use Category Residential: Sitgle '<'smlly Less than 1,500 square feet 1.500 to 2,499 square feet 2.500 square feet or more .Uwhi ....Sfflil) 1.1l!istkHl~OO6Ill:llH"efeet l,iQQ~. 2,1W sl!~e feet 2,aOOlllllllnfeetarAl.8F6 ~lesiJ.!I rieMS l.e81lthil:BUOO6<!.~efeet 1,3'00184,199 611HlH'efeet 2.3"00 6EflilH'e feet Elf Hlen NeB D TV" Rdal. Transient, Assisted, Group: HoteL' Motel NW'Sing bome Recreational: Marina Golf Course Movie Theater with Matinee Institutions: Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center Office and Financial: Office 50,000 sq. ft. or less Office 50,001 - 100,000 sq. ft. Office 100.001 - 200,000 sq. ft. Office 200.001 - 400,000 sq. ft. Office greater than 400,000 sq. ft. Medical Office Retail (gf8SS leasable \rea) Gross Sauare Feet Specialty Retail Retail 50.000 sq. ft. or less Retail50.00I-I00.000 sq. ft. Retail 100,001 - 150,000 sq. ft. Retail 150,001 - 200,000 sq. ft. Retail 200,001 - 400,000 sq. ft Retail 400.001 - 600,000 sq. ft. Retail 600,001 - 1,000,000 sq, ft. Retail over 1,000,000 sq. fL PharmacylDrug Store wlDrive- Thru Home Improvement Superstore Quality Restaurant High~ Turnover Restaurant Fast Food Rest. wlDrive-thru Gas/Service Station Quick Lube S_ket Convenience Store Convenience Store wJGas CaB "Riesee ~taF"IQas.'Fast Feed Auto Repair Impact Fcc Rate ~ mn per dwelling unit $+G4.QQ $109.28 per dwelling unit ~$119.66 per dwelling unit 191.00 ~!r d eHing lHIit UQ1.oo per Ii IlUiBg ynit flJQOO!,ers elliagliRit 193.00 J!!r a e.llillg ~nit UQ1.00 per selling linil tl]g 00 per Ii 1l1ling killit ~ $45.47 per room &++.00 $76.58 pee bed $H.,OO ~er berth ~ $4 614.69 per 18 holes $+4l-.OO $686.02 per screen ~$131.62per 1,000 squarefect .ue,oo H12 per student m.:oo $5.58 per student .m.,oo $6.38 per student $-l-l-,OO ~ per student w.,oo $10.37 per student $J4,OO $45.47 per 1.000 square feet $.W,OO 1412 per student w.oo $133.22 per 1,000 square feet $+hOO $102.90 per 1.000 square feet $eG,QQ $87.75 per 1,000 square feet ~ $74.98 per 1,000 square feet $4+,00 $63.82 per 1,000 square feet $-l.Q4,OO $138.00 per 1,000 square feet $-l9+:OO $119.66 per 1,000 square feet ~ $228.94 per 1,000 square feet $.W+.OO ~ per 1.000 square feet ~~ per 1,000 square feet ~ $227.34 per 1,000 square feet ~ per 1,000 square feet $-l-+9,OO $203.41 per 1,000 square feet w:MlQ $203.41 per 1,000 square feet ~ $166.72 oer 1.000 square feet .$-l$4.OO $149.97 per 1.000 square feet ~ $141.99 per 1.000 square feet ~ $540.04 per 1.000 square feet ~ $565.57 per 1,000 square feet ~ $697.99 per 1,000 square feet ~ $157,94 per fuel position m.,oo $92.5:\ per service bay ~ $16L93 per 1,000 square feet ~ $338.22 per 1,000 square feet ~ $347.00 per fuel ~ Dosition $171.99 1m 1,900 5EjLWI! feet ~ $254.47 per 1,000 square feet ~leXti$added;l1uilill1!.~gtteJ[tisdeleted PagcSof6 Agenda Item No. 8D February 14, 2006 Page 10 of 41 APPENDIX A SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE -<:ontinued Impact Fee Land Use Category Impact Fee Rate TireStorc ~ $124.44 per 1,009 s~l:lare ~l!t servicebav $-J.4.l..,OO lli.8.:.QQ per 1,000 square feet ~ $150.77 per service bay ~$205.01 per 1.000 square feet $.W&,OO $165.12 per 1,000 square feet New and Used Car Sales Self Service Car Wasb Bank/Savings Walk-in Bank/Savings Drive-in Industrial: Genernl. Industrial Business Park Mini-warehouse $4.+,Qg $55.04 per 1,000 square feet ~$79.77 per 1,000 square feet u.oo $5.58 per 1,000 square feet ~textisadded~~tI'lliIi.1ilr8.texti..deleted Page6of6 Agenda Item No. 8D February 14, 2006 Page 11 of 41 Agenda Item No. 8D February 14, 2006 Page 12 of 41 COLLIER COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE STUDY UPDATE FINAL REPORT Prepared By: Tindale-Oliver & Associates, Inc. Tampa, Florida January 6, 2006 07321,05 Agenda Item No. 3D February 14, 2006 Page 13 of 41 ~ Tindale-Oliver & Associates, Inc. Planning aud Engineering January 6, 2006 Ms. Amy Patterson Impact Fee Manager Collier Counly Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: Collier County EMS Impact Fee Study - Final Report Dear Ms. Patterson: Enclosed is the Final Tcchnical Report for the Collier County Emergency Medical Services Impact Fee Sludy. If you should have any questions concerning Ihe Final Report, please do not hesilate to contact me. It has been our pleasure 10 have worked with county slaff on this important project. Sincerely, Tindale-Oliver & Associates, Inc. ~:D /1 :?;::d~- Steven A. Tindale, P.E., AICP President Enclosure I:\073:!1.05-Col]ier EMS IF Update\Correspondcnce\Covcr Ltr for Final r.MS IF ReporLdoc 1000 North Ashley Drive Suite 100 Tampa, Florida 33602-3719 (813) 224-8862 Fax {8D) 226-2108 - 3660 Maguire Boulevard Suite 103 OF1ando, Florida 32803-3059 (407) B96-9200 Fax (407) 896-9280 Agenda Item No. SD February 14, 2006 Page 14of41 Table of Contents COLLIER COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE UPDATE STUDY FINAL REPORT Introduction ......... .......................................... ............ ............................. ................ I Legal Basis ......... ............... ....................... ......... ........ ................ ............ ........... ..... I F acil ity Inventory.... .............. ........................ .............................. ............... .......... ...... 2 Service Area, Weighted and Functional Population .................................................. 8 Level of Service ......................................................................................................... 13 Cost ComponenL............ ................................... ........ ............................... ................ 14 Credit Component ...................................................................................................... 15 Proposed Emergency Medical Services Impacl Fee Schedule .................................. 16 Indexing ......... .................. ................... .......... ......... .................. ......... ........... ..... I 8 Appendix A Tables Table I Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table I I Table 12 Table 13 Table 14 Table 15 Table 16 Land and Building Inventory ............................................................. Leased EMS Stations ......................................................................... Future Planned Stations ..................................................................... Equ ipment Inventory................. ........... ............................... ......... ..... Countywide Weighted Resident Population ...................................... Collier County Population and Employment Characteristics ............ Residenlial Functional Population Coefficient .................................. General Functiona] Population Coefficienls...................................... 2005 and 2006 Functional Population ............................................... Existing Level of Service - Per Residenl.......................................... Total Capilal Cost .............................................................................. Tolallmpact Cost per Functional Resident ....................................... Proposed EMS Impact Fee Schedule................................................. Building Cost Index ........................................................................... Property Markel Values ~ Collier County......................................... Eq uipmenl Cost Index................. ....... ..................................... ........... 4 6 6 7 8 10 II 12 13 ]4 IS 15 16 18 19 19 Aaenda Item No. 80 February 14, 2006 Page 15 of 41 Introduction Collier County currently has an Emergency Medical Services (EMS) Impact Fee, which was last updated in 2000. Given changes in the inventory, various cost components and the rapid rate of population gro\\1h, Tindale-Oliver & Associates, Inc. (TOA) was retained by Collier Counly to conduct an update study. EMS impact fees are used to fund the capital construction and expansion of emergency medical service related land, facilities, vehicles and capital equipment required 10 support lhe additional emergency response demand created by new growth. This report presents the results of the EMS ImpacI Fee Update Study for lhe County and will serve as the technical support document in updating the EMS impacI fee ordinance. There are several major elemenls associated with the development of the emergency medical services impact fee. These include: . Facility Inventory · Service Area, Weighted and Functional Population . Level of Service . Cost Component . Credit Component · Proposed Emergency Medical Services Impact Fee Schedule . Indexing The following section discusses the legal basis for the EMS impacI fee. Legal Basis Emergency Management Services are essenlial governmental services lhat the Counly has a moral and legal obligation to provide to residents and employees of the Counly. The aUlhority for Florida counties 10 adopt and collect impact fees to offsel the impacts of new development on such services is well-established. See e.g, St. Johns County v. Northeast Florida Builders Association, 583 So. 2d 635, 638 (Fla. 199]) ("The use of impact fees has become an accepted method of paying for public improvements thaI must be constructed 10 serve new growth.") (ciling Home Builders & Contractors Ass 'n. v. Palm Beach Cty., 446 So.2d 140 (F]a. 4lh DCA] 984); Hollywood, Inc. v. Broward County, 43] So.2d 606 (Fla. 4th DCA 1983)). State statulcs specifically "encourage the use of innovative land development regulations which include provisions such as ... impact fees," and Florida courts have upheld local government's authority 10 adopt fees under general home rule and police power lheories. See 9 J 63.3202(3), Fla. Stal.; see also Home Builders & Contractors Ass 'n., 446 So.2d 140. However, under Florida law, impact fees must be "reasonable," where "reasonableness" is delermined by compliance wilh lhe "dual rational nexus" lesl, which requires "a reasonable conneclion, or rational nexus, between thc need for additional capital facilities Tindale-Oliver & Associates, Inc. January 6, 2006 Collier County EMS Impact Fce Study Agenda Item No. 80 February 14, 2006 Page 16 of 41 and the growth in population generated by the subdivision." Hollywood, Inc., 431 So.2d 611-12. In addition, the governmenl must show a reasonable connection, or rational nexus, between the expenditures oflhe funds collected and the benefits accruing to the subdivision," See also St. Johns County, 583 So.2d al 637. 11 is assumed that these general principles apply 10 EMS impact fees adopted by the County. This study demonstrates the "need" created by new development for EMS and that new development receives a reasonable benefil from the expenditure of EMS impact fee revenue. The County's existing impact fee ordinance and capital improvement element further ensure that EMS impact fee revenues will be earmarked for the benefit of those paying the fee. First, the need, or demand, for EMS, and the capital facililies necessary 10 provide those services, is driven by the establishment ofresidenlial and nonresidential land uses; so, as vacant lands within the County develop, the demand imposed for additional EMS capital facilities increases. This "need" is shown in terms of the high population growth within the County. Second, new development paying the impact fee will receive a benefit from new EMS facilities. Home Builders & Contractors Ass'n" 446 So.2d at 143 (rejecting the contention that mere use of impact fee-funded facilities by cxisting residents invalidates the impact fee). But for the imposition of impact fees and the resulting capital expansion, existing level of service standards would actually diminish as new growth occurs. St. Johns County, 583 So. 2d at 639. As the population oflhe County grows, the County will need to provide new residents and employees with at least the same level of EMS facilities as exists today per capita. This study adopts the exisling level of service (based on stations per capita) that reflects the stalions owned by the County. The County also provides service through leased stations; and although the LOS standard adopted in the Capital Improvements Element of the County's Growth Management Plan reflects these leased facililies, they are not included in the calculation of impact fees since the exisling population did not pay for them. Scheduled new capital projects funded through impact fees will ensure that the existing level of service is maintained and existing facililies are nol required to shoulder the burdens of new growth and thereby provide diminished EMS levels of services. There are ten (10) additional stations planned between now and 2015lhat will accommodate lhe needs of new development for EMS based on the adopted level of service. Finally, the County EMS system operates as an inlegrated whole, each slation acting in cooperation with the others. Therefore planned improvements to the EMS system through the expenditure of impact fee revenues will allow lhe County to maintain adopted levels of service counlywide consislent with projected growth. Facility Inventory According to infonnation provided by the Collier County Emergency Medical Services (CCEMS) Department, Collier County owns ten stations used to provide emergency Tindale-Oliver & Associates, Inc. January 6, 2006 2 Collier County EMS Impact Fee Study Agenda Item No. 8D February 14,2006 Page 17 of 41 medical services. In addition, EMS Station 19 is budgeted to be built in 2006 and will be funded with the existing impact fee fund balance. As such, it is included in the inventory. Table I shows a summary of the CCEMS building inventory. As presented, lhe inventory includes a total of 41.000 square feel of building space and 31 acres ofland. Some of the buildings are located with other structures on a given parcel. To account for that, the total building square footage on each parcel was calculated to determine a ratio of acres per square foot of building for each parcel. Then, the acreage necessary for the buildings in the inventory is calculated. This adjusted acreage figure resulted in a total of 31 acres owned by the County and being used for emergency medical services. The building replacement cost is based on the construction cost bid provided by an architectural firm for the EMS Station] 9, which results in a unil cost of $252 per square foot. This figure reflects the recent construction COSI increases and is consistent with cost figures seen in other jurisdictions. Land replacement value is determined based on a review of future planned EMS station locations (presented in Table 2), land values in these areas based on 2004 and 2005 vacant land sales of one- to five-acre parcels as well as information from the Property Appraiser's database. This analysis results in an average land value of$325,000 per acre. Tindale-Oliver & Associates. Inc. January 6, 2006 3 Collier County EMS Impact Fee Study Agenda Item No, 8D February 14, 2006 Page 18 of41 Table 1 Land and Building Inventoryl1) [/- ::: Ijl:LLijliuijjijj: / j.t 'i'::: "it'" :: r~p" j::~J~:j:~1 ' ..... q"ili'i:l:jjjqj ,)ii,ijj i.r..c ,t;~~<~r:~r j..,ijimin> B~ndi"$ Ij'/ .....,. ...."" '''',,~1, :":S&t~e~rj;' Station 2!HeliconterOnerationsl~) 2375 Tower Dr., Nanles 34104 1994 4.962 N/A 617.44 NIA 2,(){) $1,250.325 Station 3 766Vanderbiitrle3ch Rd.. Nanles34108 1994 3.260 16.477 3.63 0.220 0.72 $821,455 StationS 4741 Goldcl1 GatePk''''',Na les34116 1994 5.361 13.744 0.37 0.027 0,14 $1.350.865 Swtion6 112 South 1st Street. Immokalee 34142 1993 3.500 11.749 7,42 0.632 2,21 $881.930 Station 919) 1112] East Tamiami Trail. ~an1es 34113 1991 1.195 11.217 107 0,095 0,09 $301.116 Station 10<10) 7010 Immokalee Road 1989 2.500 I\/A ~IA I\/A N/A $629,950 Station 12 14756 ImnwkalccRd. ".;aoles]4120 1996 3.571 19.113 85.96 4497 1606 $899.821 Station 17 95 13th St S\V, Nanles34117 2001 4.447 4.447 2.00 0,450 2.00 $L120.555 Station 21111) 2795 Aimol1 Rd Nol1h, '\a lies 34105 20()4 3.177 9.531 1.50 0.157 0,50 $800,540 Station 22"l' 4]75 Buvshorc Dr. 34113 2005 3.579 9.672 0,63 0,065 N/A $901.836 SlationI9(l)1 4590SantaBarbaralllvd, Nanles34112 2006 4.985 4.985 7,00 1,404 7,00 $L256,120 TIltal (All Buildin"s) 40.537 727.02 30.72 $10.214,513 Total Land Costil4) $9.246,720 Buildinl:ReplacementCostpcrStationI15) S92!l,592 Land Replacement Cost per Station(l~) 5840.611 Total Buildin~ and Land RClllaccment Cost per Station(17) $1,769.203 UuildinvCust nerSnuare ,Ol1t(18) $251.9!l Land Cl1stnerAcre(l~) S301.0nu (1) Source: EMS Department and Financial Administration and I lousing Department, Collier County (2) Square footage of the indicated facility. includes total area under the roof for each station included in lhe inventory'. (3) Square footage of all huildings on a given parcel (4) Acreage of the parcel where the facility is located. In some cases, this acreage includes other buildings (5) Acres (Item 4) divided by the total square footage (Item 3) multiplied hy 1,000 (6) Acres per ],000 square feet ofhuilding space (Item 5) is multiplied hy square fect of the facility (Item 2) divided hy 1,000 Tindale-Oliver & Associates, Inc. January 6, 2006 4 Collier County EMS Impact Fcc Study Agenda Hem No. 80 February 14, 2006 Page 19of41 (7) Total value oflhe structure based on a cost per square foot of$252 (Item 18) (8) Adjusted acres forth is facility is based 011 an estimate provided by the EMS Department since total square footage on this parcel was not available (9) Approximately 65% oftbis propeny is owned by the East Naples Fire District. The portion O\....ned by the County (35%) is used for EMS and law enforcement facilities (10) The County is leasing this facility from the North Naples Fire District and paid for the structure. Given the lease term \....ill continue until 2014 with the option to renew for four additional 10-year terms. the facility is included in the inventOl)'. However, the land is o\\lled by the North Naples Fire District and the County has not made any payments tov,'afd it (11) This station is ajoint facility shared by the NOl1h Naples and East Nuples Fire Districts and Collier County EMS The square footage, acreage. and cost shown reflect Collier County EMS' share (1/3 of the total cost) (12) E. Naples Fire District owns 63% of the building and the entire land. The County owns 37'),;, of the huilding (13) This facility is budgeted to be built in 2006 and it \\i11 he paid for with the existing impact fee fund balance (14) AdJustcd acres (Item 6) multiplicd hy land cost per acre (Item 19) (15) Total building cost dividl:d by I I ()6) Total land value divided by 11 (17) Sum of building COSI per station (Item 15) and land cost per station (Item 16) (18) Based on the construction bid provided for the proposed EMS Swtion #19 (19) Based on a review offlltllre planned EMS station locations and land values at these locations based on 2004 - 2005 vacant land sales for one-IO five-acre parccls and the information from the Property Appraiser's datahase Tindale-Oliver & Associates, Inc. Januar:y 6. 2006 5 Collier County EMS Impact Pee Study Agenda Item No. 8D February 14, 2006 Page 20 of 41 In addition to the facilities included in Table 1, the County also leases 22,000 square feet of building space from other fire districts and cities in Collier County. These leased facililies, which are nol included in the impact fee calculations, are presented in Table 2. Table 2 Leased EMS Stations(1) Station 1 835 8th Ave. South, Na ]es 34102 2,580 Station 4 1280 San Marco Rd., Marco Island 34145 2,500 Station 8 ] 44] Pine Ridge Rd., Naples 34109 2,500 Station 11 201 Buckner Ave., Everglades City 34] 39 2,700 Station 14 72271sle of Capri Blvd., Naples 34] 14 2.500 Station ] 5 977 26th Ave. North, 34103 1,500 Station 16 16325 Vanderbilt Dr., 34] 10 2,500 Station 18 ] 75 Capri Blvd., Naples 34113 2,500 Station 20 3410 Pine Ridge Rd., 34109 2,500 Total 21,780 (1) Source: EMS Department & Financial Administration and Housing Department, Collier County The County is planning to build ten additional stations over the next ten years. Table 3 provides a listing of these facilities. Table 3 Future Planned Stations(1) Fisca[Yciu' I'....... t>.." ;. 2005-06 North Naples 2006-07 US41 & Fidd]ers Creek 2007-08 Davis Blvd. CR 951 2008-09 East Naples 2009-10 North Naples & Old US 41 2010-] I East Naples 2011-12 Corkscrew 20]2-13 East Naples 20]3-14 North Naples 2014-15 Golden Gate Estates (1) Source: 2005 AUIR Tindale-Oliver & Associates, Inc. January 6, 2006 6 Collier County EMS Impact Fce Study .t>,genda Ilem I~o. 8D February 14, 2006 Page 21 of 41 In addition to the land and buildings inventory and the leased stations, the CCEMS also has the necessary equipment and vehicles 10 perform its emergency medical services duties. Table 4 summarizes the equipment and vehicle inventory. The CCEMS has a total of $8.9 million worth of equipment and response vehicles. Table 4 Equipment Inventory(1) ... .. Total" ..... DescriDtion '.. UDits Unit Cost Replacement Cost EMS Equipment Portable Radios 6] $2,778 $169,458 Laptops(2) 23 $7,200 $165.600 Mobile Radios 83 $8,483 $704,089 UHF Ambulance Radio 32 $2,723 $87,136 Pager with accessories 50 $1,]36 $56,800 Total Equipment Cost $1,183,083 Vehicles ALS Ambulance 30 $241,844 $7.255.320 Supervisory First Response Vehicle (Expedition) 6 $31,000 $186,000 Supervisory First Response Vehicle (Crown Victoria) 3 $24,000 $72,000 Econo Van ] $19.000 $] 9,000 Hazmat Trailer I $29,534 $29.534 Boat and Boat Trailer ] $84,000 $84,000 Supervisory First Response Vehicle (Chevrolet C4500) I $63,500 $63.500 Haulmark ] $5,500 $5,500 Total Vehicle Cost $7,714,854 Total Vehicle and Equipment Cost $8,897,937 Number of Owned Stations(3) 10 Total Vehicle and Eauinment Replacement Cost Der Station $889,794 (]) Source: EMS Department, Collier County (2) The laptop cosl includes lhe unil in addilion to the Heallhware license, firewall fOule, network prinlers, and docking stalion. (3) Only ten stalions are included because vehicles and equipment for Station 19 are not included in lhe inventory. In addilion, lhe value of vehicles and equipment are dislribuled over lhe slat ions owned by the County, not all stations operated by lhe County (a IOlal of 19 stations). It should be noted that the total vehicle and equipment cost of $890,000 per station is calculated based on the stalions owned by the County since only these slations can be included in the impact fee calculations (a more detailed discussion oflhis will be provided in the section titled "Level of Service"). If the talal value were to be distributed among all stalions, then vehicle and equipment value per stalions would have been $468,312 per station ($8,897,937/19), which represents the actual funding necessary to equip a new station. Tindale-Oliver & Associates, Inc. January 6, 2006 7 Collier County EMS Impact Fee Study Agenda Ilem No. 8D February 14, 2006 Page 22 of 41 Service Area, Weighted and Functional Population Emergency medical services are provided by the CCEMS counlywide. Thus the service area for provision of emergency response services is of the entire Collier County. Permanent and Wei!!hted Seasonal Population Growth The county has been experiencing significant population growth, which is expected to continue in the future. Table 5 presents population figures for this area based on information obtained from the County's Comprehensive Planning Division. Weighted population grew by approximately 26 percent between 2000 and 2005. EMS stations and other related capital items (such as vehicles and equipment) are planned so that EMS service can be provided to anywhere within the county within 9 minules from the time of dispatch at least 90 percent of the time. As such, as the population increases, the number of EMS stations and other capital items will have to increase to conlinue to provide the same level of service. Because impact fees are used for capilal investment, population growth indicates a need for additional facilities. Table 5 Countywide Weighted Resident Population G()lIie,rg~lInty "'llig~t~l\ Po ulation!l) 2000 288,565 7001 302,994 2002 318,482 2003 334.33 I 2004 349,463 2005 364,970 (1) Source: Comprehensive Planning Division, Collier County Functional Population Because EMS serves all residents, workers, and visitors, more than the permanent resident population needs to be considered. Traditionally, population was used as the basis of current and future demand for certain facilities. In the case of emergency medical facilities, the higher the nonresident daytime population, the greater the need for service relative to the resident population. Moreover, it is not enough to simply add resident population to the number of employees, since the service-demand characteristics of employees can vary considerably by type of industry. Using unweighted population and employment data to estimate facility needs may result in substantial error. Tindale-Oliver & Associales, Inc. January 6, 2006 8 Collier County EMS Impact Fee Study Agenda Item No. 8D February 14, 2006 Page 23 of41 For many facilities, there is a convenient way to rationally attribule demand by land use and estimate aggregate demand for a community, a method called "functional population." Functional population is the equivalent number of people occupying space within a community on a 24-hour per day, 7-day per week basis. A person living and working in the community will have a functional population coefficient of 1.0. A person living in the community but working elsewhere may only spend 16 hours per day in the community on weekdays and 24 hours per day onlhe weekends for a functional population coefficient of 0.76 (128 hours presence divided by 168 hours in a week). A person commuting inlo a community to work five days per week would have a functional population coefficient of 0.24 (40 hours presence divided by 168 hours in a week). A person traveling inlo the communily to shop at stores, perhaps averaging 8 hours per week, would have a functional population coefficienl of 0.05. Functional population thus tries 10 capture the presence of all people within the community, whether residents, workers, or visilors, to arrive at a total estimate of effective population needing 10 be served. Functional population measures are important to gauge the demand for facilities serving the community 24 hours per day, 7 days per week, such as EMS. The following paragraphs explain how population is calculated based on a methodology developed by Drs. Nelson and Nicholas (1992( Residential Functional Population Developing the residenlial component of functional population is simpler than the nonresidential component It is generally assumed that people spend one-half to three- fourths of their time at home and the remaining time away from their place of residence. In developing the residential component of the Collier County functional population, an analysis of Collier County population and employment characteristics was conducted. Based on this analysis, it was estimaled lhat, on average, people spend 16.7 hours or 70 percent of each 24-hour day at their place of residence and the other 30 percent away from home. This analysis is presented in Tables 6 and 7, and the resulting percentage is used in Table 8. I Arthur C. Nelson and James C. Nicholas, "Estimating Functional Population for Facility Planning," Journal qf Urban Planning and Development 1 ] 8(2): 45-58 (1992). Tindale-Oliver & Associates. Inc. January 6, 2006 9 Collier County EMS Impact Fee Study Agenda Ilem No. 8D February 14, 2006 Page 24 of 41 Table 6 Collier County Population and Employment Characteristics >,> <,.. ltem/Calculati(lIl'.St~p..., ;> . Figur~ Workers who live and work in Collier County<1) 95,020 Workers who live elsewhere but work in Collier County(2) 18,018 Total workers in Collier Countl) 113.038 Workers who live in Collier County but work elsewhere(4) 8,048 Weighted average worker population for workers who move between counties'S) 12,202 Total effective workers(6) 107,222 Population(7) 251.377 Total effeclive workers as a percent ofpopulation(8) 43% School age population (5-17 years)!') 36,500 Percent oftolal population(1O) 15% Population net of workers & school age popu1ation(11) 111,809 Percent of total population(12) 44% (1) Source: US Census Bureau, County-to-Counly Worker Flow Files, 2000 (2) Source: US Census Bureau, County-Io-County Worker Flow Files, 2000 (3) Sum of workers who live and work in Collier Counly (llem 1) and workers who live elsewhere but work in Collier County (Item 2). (4) Source: US Census Bureau, County-to-County Worker Flow Files, 2000 (5) Weighted average is calculated by using the assumption that workers who do not reside in Collier County (Item 2) are in Collier County for 10 hours per day while workers who are Collier County residents bul work outside the County (Item 4) are in Collier for 14 hours per day. The resulling equation is [( 18,018 x 10/24) + (8,048 x 14/24)). (6) Sum of workers who live and work in Collier Counly (Item I) and weighled average worker population (Item 5). (7) Source: US Census Bureau, 2000 Census for Collier County (8) Total effeclive workers (Item 6) divided by population (Hem 7). (9) Source: US Census Bureau, 2000 Census for Collier Counly (10) School age population (Item 9) divided by populalion (Item 7). (11) Populalion (Item 7) iess workers who live and work in Collier Counly (Item 1), workers who live in Collier County and work elsewhere (Hem 4), and school age population (Item 9). (12) Population net of workers and school age population (Item 11) divided by population (Item 7). Tinda1e-Oliver & Associates, Inc. January 6, 2006 10 Collier County EMS Impact Fee Study Agenda Ilem No. 8D February 14, 2006 Page 25 of 41 The resulIing percentages from Table 6 are used in the calculation of residential coefficient for lhe 24-hour functional population. These calculations are presented in Table 7. Table 7 Residential Functional Population Coefficient Population Hours at Percent of Effective Group Residence(l) Population(2) Hours(3) Workers 13 43% 5.6 Students is 15% 2.3 Olher 20 44% 8.8 Tolal Hours at Residence(4) 16.7 Residential Functional Population Coefficient(;) 70% (I) Assumed. (2) Source: Table 6. It should be noled that the sum of percentages is grealer than] 00 percent because workers include those thaI come from oulside the county. (3) Hours at residence (Item 1) mulliplied by percent of population (llem2) (4) Sum ofefTective hours. (5) Sum of efTeet;ve hours (Item 4) divided by 24. Nonresidential Functional Population Developing estimates offunclional residents for nonresidenlial land uses is more complicaled than for residential land uses, given the varying characteristics of non- residential land uses. Nelson and Nicholas originally introduced a method for estimating functional resident population, now used internationally.2 This method uses lrip generation data from the Inslilute of Transportation Engineers' (lTE) Trip Generation Manual, passengers per vehicle, and length of lime spenl at the land use. Specific calculations include: · Total one-way lrips per impact unit (ITE trips times 50 percent 10 avoid double counting entering and exiting trips as two lrips). . Visitors per impact unit based on occupants per vehicle (trips times occupants per vehicle minus employees). · Worker hours per week per impact unit (such as workers times nine hours per day times five to seven days in a work week). 2 Arthur C. Nelson and James C. Nicholas, "Estimating Functional Population for Facility Planning, n Journal of Urban Plann;ng and Development 118(2): 45-58 (1992). TindaIe-Oliver & Associates, Inc. January 6, 2006 II Collier County EMS Impact Fee Study Agenda Item No. 8D February 14, 2006 Page 26 of 41 . Visitor hours per week per impact unit (visitors times number of hours per day times relevant days in week such as five for offices and seven for retail shopping and government services). . Functiona] population coefficients developed by considering time spent by employees and visitors at each land use. Table 8 General Functional Population Coefficients JOJlrn:ey~ to-Work <>,ll~ll~lItJ Per;Tripl.l Residential 0.700 Natural Resources !';.lA 9,00 3.02 1.51 1.32 1.38 0,091 1.00 7 0.379 Construction 110 9.00 3.02 1.51 1.32 US 0,09] 1.00 7 0.379 Manufacturin' 140 9,00 2.13 1.07 1.32 1.38 0,064 ]00 5 0,270 TC'U,Viarehousin' 110 9,00 ),02 \.51 1.32 1.38 0.091 1.00 5 0.27] Wholesale Trade 150 9.00 ).89 1.95 1.32 138 0.117 1.00 5 0.271 RelailTrade 820 9.00 67,30 33.65 L14 1.73 16.488 L50 7 1.406 FIRE 710 9.00 ).32 ].66 1.24 ).7} 0.8D l.00 5 0.292 Services 7]() 9,00 3.32 1.66 1.24 1.73 0,813 ],00 6 0.350 GovclTImenlServices 730 '1,00 ]1.95 5.98 1.24 1.73 2,928 1.00 7 0.497 (1), (7),(8) Assumed. (2) Trips per employee ba~ed un Trip Generatiun Seventh Edition (Institute ofTrallsponution Engineers 20(4) as follows: [TE Code 110 at 3.02 weekday tlips pel' employee, page 90 ITE Code ]40 a1 2.13 weekday trips per employee, page 16J. ITE Code 150 at 3.89 weekday trips per employee, page 190 ITECode 710at 3.32 weekday trips per emptoyee, page 115\ jTE Code 730 at 11,95 weekday trips per employee, page 1200 ITE Code 820 based on blemJed average of trips hy retail cellter size calculated below. adapted from page ]451 Rctai] - Trips per Employec J>cterminlltion A,I'.I'umed Tr;pHute 110.32 58.93 42.76 :n,55 30,0% 20,0%. 10,0% "Vei/(flted Trip.I' 44,13 [7,68 8.55 3.35 73.71 36,86 913 1,0953 67,30 He/ai/Scufe Neighborhood<50k sq,ft Commllnity50k.250ksq.ft Regional 250k-500ksq,ft Super Reg, 500k-1000ksq,ft. Sum of\Veighled Trips/lk sq,ft, One-\Vay Trips/lk sq.ft SqullreFeet-'Retail Employee"") Employees per 1.000sq,{t Trips per employee CenterSi:e 25,000 150,000 375JJOO 750,000 Share 40m" (3) Trips per employee (Item 2) divided by two. (4) Joumey-to+Work Occupants per Trip from 2001 Nationwide Household Travel Survey (FHWA 2001) (see Illtp://nlnsoml.govi2.001iindex/shtml) as follow ].32 occupants per !'\atllral Resources, ('onsh'uction, ManufactlJrin~ TCU, and \Vho1csa1e trip 1.24 occllpallls per Retail Trade. FIRE. and Services tlip (5) Daily OCl:upants per Trip from 200] l\atiollwide Household Travel Survey (FHWA 200]) as follow 1.38 occupants p(:r Natural Resources, Construction, \-1anlllhcturing. rcu, and \Vhulesale trip l.73 occupants per Retail Trade, FIRE, and Services trip (6) 111e equation to del<:rmine Visitors per Employee is: ((One \1,-'ay Trips x Daily Occupants per Trip) - (One \Vay Trips x Jounwy to Work Occupallls)) (9) The etluation to dete1lTline the Functional Population Coefficient for all land-use categories except residential includes the following: ((Hours In-Place) -'- (Visitors ner Emolovee x Visilor Hours nerTrin}) x Davs ner \Veek (2.4 Hours pel Day x 7 Days per Week) (]O) Sl uare feet l' retail em loveI' from Ener!:l' Infonl1ation Administration (2.002) frum Table B-1 of the Commercial Ener Huildin' Survey 1999 Tindale-Oliver & Associales, Inc. January 6, 2006 ]2 Collier County EMS Impact Fee Study Aqenda Item No. 80 ~February 14, 2006 Page 27 of41 The functional population coefficients presented in Table 8 were used to estimate the functional population in Table 9. Table 9 2005 and 2006 Functional Population 24-Hour 24-Hour Year Functional Functional" ., 2005 Resident Residents .' Year 2006 Population and Employment Population(l) COefficient(21 2005'31 PIlDulation(4) Population Residents 364,970 0.700 255,479 381.171 Employment Natural Resources 12,030 0.379 4.559 Construction 18,320 0.379 6.943 Manufacturing 3.150 0.270 851 TeU, Warehousing 4,510 0.271 1.222 Wholesale Trade 5.180 0.271 1,404 Retail Trade 30,660 1.406 43.108 FIRE 23.170 0.292 6,766 Services 67.060 0.350 23,471 Government Services 13.350 0.497 6.635 Total Functional Residents 350.438 365,857 Percent Change from 2005 to 2006 \\lcighted Population 4.4% Ratio of Functional Residents to Residents I 96% (1) Source for residents is Table 5. Employment figures are obtained from Woods and Poole Economics, Inc. (2) Source: Table 8 (3) Year 2005 population/employment (Item 1) multiplied by 24-hour functional resident coefficients (Item 2). (4) Year 2006 resident population is obtained from Collier County Comprehensive Planning Section. 2006 functional population is detennined based on the growth rate from 2005 to 2006 resident population. Level of Service Based on the Capital Improvements Element (Category B4-11I) in lhe Collier County Comprehensive Plan, the adopled level of service for Emergency Medical Service is 0.000068 EMS stations per capita. The current level of service (LOS) was calculated per weighted and functional resident, as presented in Table 10. Because EMS Stalion 19 lhat is included in lhe invenlory will be built in 2006, the LOS is based on 2006 population in order to provide a conservative eslimale. 11 should be noted that two different calculations of the currenl LOS were provided in the table. One of these calculations includes only the stations owned by the County and is used in the calculation of the impact fee. The olher includes stalions that are leased, Tindale-Oliver & Associales, Inc. January 6, 2006 13 Collier County EMS Impact Fee Study Agenda Item No. 80 February ;4, 2006 Page 28 of41 which better reflects the service County residents are receiving. However, because impact fees need to be based on what the existing population already provided, the LOS based on stations owned by the County is used in the calculation of the fees. Table 10 Existing Level of Service (per Weighted and Functional Resident) ",eig~te.~..~~~~q?~.~! Population .... .'l'opulation . Population(lJ 381,171 365,857 Number of Stations(2) II 11 Number of Stations incl. Leased Facilities(3) 20 20 Population/Functional Residents per Station(4) 34,652 33.260 Adopted LOS (Stations per Resident/5J 0.000068 0.000068 Current LOS (Owned Stations per Resident)(") 0.000029 0.000030 Current LOS (All Stations per Resident)(7) 0.00005~ 0.000055 (1) Source: Comprehensive Planning Division, Collier County for weighted population and Table 9 for functional population (2) Source: Table I. Includes only the stations owned by the County. (3) Source: Tables 1 and 2. Includes owned and leased stations. (4) Calculated based on owned stations (Item 2). (5) Source: Capital Improvements Element (6) Item (2) divided by Item (1). (7) Item (3) divided by Item (1). As presented in the table, the County's current LOS is beiow the adopted LOS standard even when leased stations are included. It may be the case that the adopted LOS represents the goal the County is working toward while current LOS is based on the existing service levels. Since impact fees cannot be used to correct existing deficiencies, the County may consider using non-impact fee funding sources to reach the adopted LOS standard. Cost Component The cost component of the study evaluates the cost of all capital items, including buildings, land and equipment/vehicles. Table 11 provides a summary of all capital costs, which amounts to approximately $2.7 million per station. Tindale-Oliver & Associates, Inc. January 6, 2006 14 Collier County EMS Impact Fee Study Agenda Item No. 80 February 14, 2006 Page 29 ef 41 Table 11 Total Capital Cost Percent of Description Cost Total(5) Building Replacement Cost per Station!]) $928.592 35% Land Replacement Cost per Station(2) $840,611 32% Equipment & Vehicle Replacemenl Cosl per Station(3) $889.794 33% Total Cost per Station(4) $2,658,997 100% (I) Source: Table 1 (2) Source: Table 1 (3) Source: Table 4 (4) Sum of building, land, equipment and vehicle replacement costs (Items 1,2, and 3). (5) Percent of each item in relation to the total cost per station (Item 4). Total Imoact Cost ner Functional Resident Table 12 presents the unit cost for the impact fee analysis. This unit cost was calculated as the total capital cost of$2.7 million per station multiplied by the LOS standard of 0.000030 stations per funclional resident, which results in a cost per functional resident of $80. Table 12 Total Impact Cost per Functional Resident Description Cost Total Cost per Station!]) $2,658,997 LOS (Stations/Functional Resident/2) 0.000030 Total Impact Cost per Functional Resident!J) $79.77 (I) Source: Table 11 (2) Source: Table] 0 (3) Total cost per station (Item I) multiplied by LOS (Item 2). Credit Component To avoid overcharging new development for the EMS impact fee, a review ofthe capital financing program for emergcncy medical services was completed. The purpose of this review was to determine any non-impact fee revenue sources generated by new development that is being used for capital facility (buildings, land, and equipmenl) expansion of the emergency medical services program. Revenue credits would then apply against the cost per incident so lhat new development is not charged twice for capilal revenue conlributions. This review showed that all capital expansion expenditures over the past five years were funded with impact fees, and that all planned expansion Tindale-Oliver & Associates, Inc. January 6, 2006 15 Collier County EMS Impact Fee Study Agenda Item No. 8D February 14, 2006 Page 30 of 41 projects will be funded by impact fees. In other words, no other revenue sources are being used toward capital expansion projects and all of the items included in the inventory 10 calculate the impact fee are paid for by the existing populalion. Therefore, no credit was given for non-impact fee revenues. Proposed Emergency Medical Services Impact Fee Schedule An emergency medical services impact fee schedule was developed for residential and nonresidential land uses and is illustrated in Table 13. Table 13 Proposed EMS Impact Fee Schedule Residential Residential: Less than 1,500 square feet du 1.23 $98.12 1,500 to 2,499 square feel du 1.37 $109.28 2,500 square feet or more du 1.50 $119.66 Transient, Assisted, Group Hotel / Molel Room 0.57 $45.4 7 Nursing Horne Bed 0.96 $76.58 Recreational Marina Berths 0.20 $15.95 Golf Course 18 holes 57.85 $4.614.69 Movie Theater with Malinee Screen 8.60 $686.02 Institutions Has ital 1.000 sf 1.65 $131.62 Elemenlary School Student 0.06 $4.79 Middle School Studenl 0.07 $5.58 High School Sludent 0.08 $6.38 Junior/Communily College Student 0.06 $4.79 University/College Student 0.13 $10.37 Church 1.000 sf 0.57 $45.47 Day Care Center Sludent 0.06 $4.79 Office and Financial Office 50.000 SF or less 1,000 sf 1.67 $133.22 Office 50.001 - 100,000 SF 1,000 sf l.29 $102.90 Office 100,001 - 200.000 SF 1.000 sf 1.10 $87.75 Office 200.001 - 400.000 SF 1.000 sf 0.94 $74.98 Office greater lhan 400.000 SF 1.000 sf 0.80 $63.82 Medical Office 1.000 sf 1.73 $138.00 Tindale-Oliver & Associales, Inc. Collier County January 6, 2006 16 EMS Impact Fee Study Agenda !tern t>Jo> 80 February 14, 2006 Page 31 of 41 Table 13 (continued) Impact Fee Schedule Net Impact Functional Cost@$80 Population per Functional Land Use ImpactVllit Coetlicient(l) Residell t(2) Retail, Gross Square Feet Specialty Retail ] ,000 sf 1.50 $] 19.66 Retail 50,000 SF or less 1.000 sf 2.87 $228.94 Retail 50,001 - 100,000 SF 1,000 sf 2.63 $209.80 Retail] 00,00] - 150,000 SF ] ,000 sf 2.34 $186.66 Retail 150,001 - 200,000 SF ] .000 sf 2.85 $227.34 Retail 200,00 I - 400,000 SF 1.000 sf 2.50 $199.43 Relail 400,00 I - 600,000 SF ] ,000 sf 2.55 $203.41 Retail 600,001 - 1,000,000 SF 1,000 sf 2.55 $203.41 Retail over 1,000,000 LOOO sf 2.09 $]66.72 Pharmacy/Drug Store w/Drive-Thru 1.000 sf 1.88 $]49.97 Home Improvement Superstore 1.000sf 1.78 $141.99 Quality Restaurant ] .000sf 6.77 $540.04 High- Turnover Restaurant ] .000 sf 7.09 $565.57 Fast Food Rest w/ Drive- Thru 1.000 sf 8.75 $697.99 Gas/Service Stalion Fuel pas 1.98 $157.94 Quick Lube Service Bay 1.16 $92.53 Supermarket 1.000 sf 2.03 $161.93 Convenience Store 1,000 sf 4.24 $338.22 Convenience Store w/Gas Fuel pas 4.35 $347.00 Auto Repair 1.000 sf 3.19 $254.4 7 Tire Slore Service Bay 1.56 $124.44 New and Used Car Sales ] ,000 sf 1.73 $138.00 Self Service Car Wash Service Bay 1.89 $150.77 Bank/Savings Walk-in 1.000 sf 2.57 $205.0 I Bank/Savings Drive-in 1,000 sf 2.07 $165.12 Iudustrial General Industrial 1,000 sf 0.69 $55.04 Business Park 1.000 sf 1.00 $79.77 Mini-Warehouse 1.000 sf 0.07 $5.58 (1) Source: Table A-I and A-2 (2) Functional population coefficient (Item 1) multiplied by net impact cost from Table 12. Tindale-Oliver & Associates, Inc. January 6, 2006 17 Collier County EMS Impact Fee Study Agenda Item No. 80 February 14, 2006 Page 32 of 41 Indexing In many cases, impact fees are reviewed periodically (every three to five years, etc.) instead of on an annual basis wilh no adjustment to the fee schedule during this period. This creates a situation where major adjustments become likely to be required during updates due to the time between the adjustments. In recent years, the most volatile componenl of lhe lotal cost has been the land value. This factor creates the potential for major changes in the fee schedule if several years are allowed to pass before the fee schedule is updated. These significant adjustments also create major concerns in the development community. It is recommended that the emergency medical services impact fees are adjusted for building, land and equipment costs on an annual basis. Buildinl! Costs The cost of building emergency medical services buildings should be indexed in a fixed amount each year based on the building cost index provided by the Engineering News- Record. As presented in Table 14, over the past ten years, the average increase in building cost has been 2.8 percent. Table 14 Building Cost Index 1995 31] I 1996 3203 3.0% 1997 3364 5.0% 1998 3391 0.8% 1999 3456 I. 9% 2000 3539 2.4% 700 I 3574 1.0% 2002 3623 1.4% 2003 3693 1.9% 2004 3984 7.9% Average (95-04) 2.8% Source: Engineering News-Record, Building Cost Index Land Costs A ten-year trend for market values of countywide land (including buildings and structures) is evaluated to detennine the historical change in land values. This analysis suggests an average annual growth rate of 13.7 percent, as presented in Table 15. Tindale-Oliver & Associates, Inc. January 6, 2006 18 Collier County EMS Impact Fee Study Agenda lIem No. 80 February 14, 2006 Page 33 of41 Table 15 Property Market Values Collier County Percent Year County-Wide Cbange ]995 $20,463,371,228 1996 $2],75],280,540 6.3% 1997 $23,436,330,545 7.7% ]998 $25,777,15] ,470 10.0% 1999 $29,830,939,079 15.7% 2000 $33,902,799,963 13.6% 2001 $41,333,321.441 21.9% 2002 $49,671,844,946 20,2% 2003 $57,76],717,617 16.3% 2004 $64,236,986,5] 8 1],2% A vg (95-04) 13.7% (I) Source: Collier County Property Appraiser EQuinment Costs For equipment costs, it is recommended that Consumer Price Index (CPI) be used for indexing purposes. Table 16 presents the annual cost increase over the past ten years, which averages to an annual increase of2.5 percent. Table 16 Equipment Cost Index Percent Year Annual Index Cbange 1995 148.9 1996 153.7 3.2% 1997 158.4 3.1% 1998 160.5 1.3% 1999 162.4 1.2% 2000 167.8 3.3% 2001 173.0 3.1% 2002 175.5 1.4% 2003 180.6 2.9% 2004 185.6 2.8% Average (95-04) 2.5% Source: US Depl of Labor, Bureau of Labor Stalislics (www.bls.gov Tindale-Oliver & Associates, Inc. January 6, 2006 19 Collier County EMS Impact Fee Study Agenda Item No. 8D February 14, 2006 Page 34 of 41 Aoolication It may be useful to illustrate how these indices can be applied. As presented in Table 1 I, of the $2.7 million of total cost per station, 35 percent is for the buildings, 32 percent is for the land and 33 percent is for equipment. Applying these percentages to the average cost increases presented previously would provide a combined index of 6.2 percent [(2.8 x 0.35) + (13.7 x 0.32) + (2.5 x 0.33) = 6.2], which then can be applied to all fees presented in Table 13. For example, using this index, the fee for 1,000 square feet of single family home would increase from $98.12 to $104.20 [($98.12) * (I +0.062) = $104.20] at the end of the first year. With a running average, individual indices can be updated every year to obtain revised average figures for the past 10 years. It is our understanding that Collier County is using this method for several other impact fee programs. Tindale-Oliver & Associales, Inc. January 6, 2006 20 Collier County EMS Impact Fee Study Agenda Item No. 80 February 14, 2006 Page 35 of41 APPENDIX A Agenda Item No. 8D February 14, 2006 Page 36 of41 Appendix A provides the supplementary information used in lhe calculations of functional population coefficients. Table A-1 Functional Residents for Residential Land Uses ., o o. ". FunctionAl ':'R,toll~eD,t CoeNlcienlio, n.yiPeI1 ','WeeJt"I' R..identi.1 Residential Less lh.n 1.~nlJ "arc feet 1.5{)(l102.4')')snarofecl 2.5110 uarefcctormore 2" ,. ,. do \.7(,11 1.96l 214( 1.232 un 14n Tr..uicDt, Assist.d,Grou Holel/Molel Room ,lO/nl, I (01.' W~;, I)KII7'i l"urslO'Home fled (,211/2<;2 1.2<;11 'J'i'\';, ],]X7'i N("., 1.II'''im".fn,,"2000Cen,",.ndAmcnc",,)lu".ongSun'c' ;'O()] 21 Apl"'",imotc n.(i,,,,,1 ",'"rage "ccup'"C" rote fu, ("""ef~'"CUplcJ i\OH,in~ anJ l"e,1 ,CCUI"""'- mk .,,"ml'M" I;" ""',oc,_,><ocul,,eJ h('u,in~ J-,O"cul'.nlsp'.,,,",""mo'OCC\lI,,nc,,,,to 4iEign'.hu",,",wkJ.-,,,,,,,,"Lm,'d .lj Ad'p"d f,,'m n-F Tril'(;C"Om'lOn. Scv<nlh EdiLion (')^"ILm.'h,lf"rthebnIL,ohe.ldre,idenl."e;nll1ch"",,,h,lflhelin'cdur;nglhcworkwod 7\ \\'''r'dJI"'llllhc""<ek Nlrnrrc"d~n",llh" ;s AdJu"cd I<<,,,l<n" Per Un" I1n'<' II 7 For Tmn"enl. ^",,'ed. ,nd(iwul',t ;, Ir()C<'Lrn,nh X 11('",,", Pl.ce X I).". ner Weekl < rW"r\;c" X W",k I),,,. Hou" X D,,., Per Week11 (24 Hours pcr Dn) X 7 DJVS per Week) II.~ II ~ 12IJ 1611 Oj70 II,'J~R Tindale-Oliver & Associates, Inc. January 6, 2006 A-I Collier County EMS Impact Fee Study Table A-2 Functional Residents for Nonresidential Land Uses L...llU.. R.",,,,.ti,,...1 M.nn. (inlfC"u"c M""leThcator\ntIlM"moo In.llnnl.... H",i..1 Iilon,",,"'''' :;';h,",] r~) Middlo Soh""l '91 H,hSeI,,",119, .Iu..""/C"mnmnl1,-C,,lIc'" 111\1\1:,,,,,IC,,llo"" C:hurcll 1.l.'-C",'Cente, Oflke.ndFinud.1 Unioo50.1~~J SF,,, b"IO, Ilj)jec 511.1'11 I'JIH".~' SF II I, Off,ce IlJO.I" I ,I~I.")" ~I ']21 ome" 200.1101. 41~I.<IOII 'iF ,]l, um"" '","orlh,n4i'Il"HJSlr,Jl Mcd"""IIJIlicc Rotall.Gr"..Squ."'F",,t S'c;.It\']<"",i1 Re",il SO.I~J(I SF or 10" < II)) 11.." il 51>.r~J I 111(1.(" "I SF , ] I , I~c",;l I (",00 I I 'i".o'I" SI I I :\ I i{e..tlI50JHII )';".I""SI<16', 1{~"L1 21",IHII .1"".'1(l1I Sf '1.", RObil 41~I.I)(J1 . ';'JI" ,." SF i 17' Ile,";] (,I~' 00' I ,I "", ,~,.: I SF I ] X \ ](o",,,;""orl,"'I>',<,II''), "h'rm.c\'iJ)"," ""TO ,,:[mw_1 hT" [Inme Im'~"'cm"m 'UT'C"">r" '.."",Io1,'I<"'''",,,,nl 110 h-'I Um",,-, Re,''''"'''''' ;'",F'H~I~"." ,,!nnw.lhn, (i"ISe"'lc"S"""n '_","ok Lu"e -,,,-rmorko' (:'m"CTIl,",C",~'O'" l'"nwnl"",e",,,,c,,I(;a< ,\'H"I<..,,,,, I'nSlurc '-Je"""J'-I"'Je.-"S,,b Sdl'SernceC," W",b I!"nk/S"'",,, "'...Il-m Ihm.IS""IIl',I),';"'_ln 1.'lu"ri..1 (;encroll,,,I,,,,,,,1 I.llmllo."I'",k )1,-\,"i_""",'I'''''.'e 1"<"',' 1'''01 " Someell", 1.01111,1 ,'"IJsl 1.'0"1",, 1.""",1 Sere.n.lI" Sm'lc,']j",. Imp..t :UIIII w....... lYE Cod'" Trip. Per Tri", Por Per Unit P_ltO>{I) Unh{2) W..rlIer(J) (4) Heni, I~ "~Ic' ,oro,," I ,"'~I ,I. S,,,den' S'"doot ,''',dc-nl -'lLldenl ~'udo," ] 01~1 ,I ','uJ,"" ('IIIIIIJ~: :l2(J 1 ~{J2 5221')12 510-"),') ';4(1/971 ')\11'/% 'w 111(1) ';~5 11I26 ,l(I.-'71') -1:1<'1715 4Hi7I" :% 6<1J' 1:\'1' 17.5) 1.29 1(,2 '" 1.21> :'--'~ 'III .1 J~ I~ " 14." 1:.1'; 11'.lI, "^' 1/,]' 14.'2 1111.)' "10 (,:'.~ I -'5Xl 4(,l) 1k('(, 1c.~" ;~ ,j(, ~~ j(. 2')"" "'-'.'11 ,,,1\ 4'1('.1: I(,~ ;', IIl(" ]:J".I 7.17')" .'4:,."" .11(,< ", ~I "'" 1""'-"1' 1;(", "I', ~ 'j ," 1,7<< "" c('.52 'Ol: 5.1]2 '.2(1 1j71 I~.IHJ 1'1.7~ 155'; ,'l.l '^ '''I.' 'J' " '" 1)' '.12 ~ 'II "-'6 N.'" '^ "' "^ '^ N.'" "^ ~,\ ,,' '^ "^ \'^ '^ NA )";.'1 ~'" ~, N,\ '^ '^ " 'i ! ~ '^ ~,I 1- "7'; ,", ~ 'l4 y." O...,.Wa,' F.clo:r@ ,,% iI I~ .11.1\ IJ, JC!.(,b 7(,(,7 Vl,il8r Day. Wnckcr Oealp...r.P<r """...:Per p.,. "aun Trlp($) Violto", (Ii) Tri ('ll W..k c.~" .1 .1~ " ,,~ " I'~ "I''! "',~ X7'! "M ,,~ I ""(, """ 11') ,,(, '.~4 2.1') c"J LW 142 '" III 1.11 '" '" '!t> 1% I l~ '" : ,~ 1.2~ I 2~ ,.. 171 , I" i" 1.7.1 1'.1 171 ]7' 17.1 '" 152 I ~, ]", I ~, I" Ii, " 1.\' 1.<' 1,2 " ,"' '" IS, IjC I" 12, 11' 1..w 7.1'42 1~"__14 I.,~' 1.5(' I'X' l.ol~' ,r l.or~ I ,I. LlI'~ I ,I l.lll)",1 1.1""',1 I.O'~, ,I 71( 1111 71] 1]51 'I:' ]15] 'I.J 11';1 7141151 7'1) II~ I " ,~ "(,1 "II> 5" ~ ". ) ('!' .'.1, 21<(, II" 'J I ~ 71.1 (, If~ '" '"' IH07 '1.1(' ,,(,) O~I II ~(, 'J :I~ lu(, ~O' ,21 II~J ".(J() '-00 ,,,,, 2 I~I '.111 IIJO IJ]5 1.''''',1 1001>,1 1.'."",1 11IlK',! :"W',I I.n",-,,I 1,1'1",1 IJ"",I U~II' 1' W" 1(,'" 'H] 170,1 'n' 17!) 'n>1 ]7'] )4.1"!I' '''1177, ", 1,21 X'II,-l, ~-' 1 '<jll 1'1 'wd,", X.'~ II ,[12 ~-ll 1,!71 'Jr 1><1, ')11 Ii,'': ')1,/11.,' I'IK :'0 ,;0 :\" ;"J '", "H, I.' 'I,() '7')2 ',12 <'2, ", 1.1" 11)0 I,", I'" 11'(' 1.("111',) I":JI''',I I.UO:,I 1.i111',1 II",}:, .'0 2'1' ,<II IY.'-' h.'() I ~ " '.i ,,~ I ~ ')11 <<"" (,'" 2<xW. '<'^ >1 ~J 4]2 -'.j[ !.'/'! !IJ~' 1'," 'ie'!' ('c47 \ 1.~1 ~< 7'1 17 4~ '''')4 c:l.~7 ,,5<1 (Ii<' i1(" 1'(,' I . ~I I');) 1.':1 1..1(' '" (,-" III" 1<1(, '-''' 12'>' 1"""'1 1<1 ':" :''<, :'SIl ,'0 'I'!! 'J'J, 1,::- '~I ;;0 I III Iii, , I~' "K' ;1 Ie .W'"" 2'.11 (,4.';(J "'!.I'; 'Il!K If'7r,'1 ,," I'c:l "21' "5" ,'1..10 ',0" "'" :." '" .1..\:' 'J" '"x, ".1' i'.(,) -'4'''' 7~ :'4 <<~ iI] 1:,(,; 2S'JI' 7(,-'4 ,-'R.Rl W'J.~" :;ro! " "L' II., 10" 1<<' e'l '1(, iln, q'J ".'" 12, '72" ~ 5~ 11).1 I~-' 'is "<l' ''; '11< :'51' .1111 1(," I," (II N",", IIITI' I',,~c r", T"p'l'er WO""' ,1,,", d'"',,I,I>I, (Jlj"""", :'1']':, I'''~'': ,1S"u,ce 1Tl"'lnp(i"m'"",,n ",'"I"bl, ,,,d,,'S, '"",hhli",,n.S"lhi'dll""''''a\ h",'hc"Cnu." 'd'l .,) T"ps pc, "","C, fT"m rfl", 'I "I' (;,-neT"'''''. 7tb rJ1l'''" rOf I."~c '"I"~od In "d",,'.enl ",I"",,, 1111 c",,', \Ii"" ,;," ,-1,,,,, '''''''''''' ..,,,,,,,1,1, Hl ,be 7th hh" .", (,<h Ldll"'" m" I""." hCCll u,odl I;: ,I;~~ .~'" i",I'"" un" d,,'idc>J I,~' '''f'' I"T 1.'<'"'''' 10,""lh cmpi""". ;I:<,':i"",,:. "",h'.<lfI" Inp("'no"''''n.'''h&.7IbI-.JJl'''I\"h,b,,II[J~h''',, ,\d""'''''T,"on.N'''''''''''kP''f,,,nal'I'''''']''Tl,,'wnS1l1J, ~; ~~~:::~'.':,:\ _T "1."111[\,, X ("'"U'~TlI'/[ np.' -1'mpk'\e"'1 ~11,""",.,c"X 11.'",,~p,,\. X I.)",,-'Wc:ck, + "."\1(',, X I 1""",-'\'0" X 1),,,.'\\-'e<k1 i;'4]1",,,,,IlO\'X 'i)'''ll ~11:Ju"",i"""II'IOJ u,,, "'" "''''I'''. h,'",,,o tbo 1""'1'1,. 1"" ","aTC r""" ,.,." """II. ""'''''''''''f' I... vcr; h,~I: i",I'''"' fee rho,d"," "" ",j",,'mcn< ha, ho"" """k h, TeJ"';IlF thc ,,,im",ed d"mnJ rD' ,"",,,,, k ,,",_hurtlr. f~'m ~ """" I,,: 11<1l''''. ,hu,1 'eJuco"~ ,1,(' [unw"n.1 ,",;d,~" ""dr'01<'I1' ,"", 11111,1'''''"''1',''' Ic,j'np'aloi,r,,, i.l:,Tnl""" i(~: :!~~ ;::~ :.: :':: :~~.I;~: ~~~~~. 17, Inl' ""0 "r", S('o:;~;;.::~: I ::: ~ ~I: ::::'" (", I " ,,,,,:;,:,. Agenda Item No. 80 February 14, 2006 Page 37 of 41 function.1 R""ldent Coelllel...l{lI) 1'.211 ,7 ~, X.I~I I.M 11.1l(, (1'>7 O.(I~ 0.<16 1>.]1 iI.57 " I~, !1,7 1,9 1.1" ".'J4 " ~" 17.1 u" ,", :r,l " :: ~'; ::\0 "" 255 2.'.'" I.~~ I 7~ (,]7 709 ~.75 ] ')~ 11(, 2.0.1 4."4 ,.), '" 1.% UJ '" :'';) 207 ",;" IW "0; Tindale-Oliver & Associates, Inc. January 6, 2006 A-2 Collier County EMS Impact Fee Study FI COLLIER COUNTY IMPACT FEEsr~~~e13~~?~~. 2,400 SQUARE FOOT SINGLE FAMILY HOME (2,000 LIVING AREA) ... Updated January 4, 2006 r COMMUNITY PARKS ~l $822 REGIONAL PARKS ~l $821 .---- LIBRARY ~L $362 ROAD ~I $5985 PROPOSED EMS ~i $109 SCHOOL ~L__ $1,778 CORRECTIONAL ~l $205 FACILITIES .- I GENERAL GOVERNMENT I ~L $282 WATER ~ L_ $2,760 SEWER ~I $3,125 ~l --- FIRE $300 -.-.-- LAW ENFORCEMENT I ~= $93 TOTAL ~I $16,642 (with proposed EMS) -; TOTAL ~I $16,637 (Current) I DOLLAR CHANGE ~L $5 (from updated fee) '->--'._~' . COLLIER COUNTY IMPACT FEEsr~:~~~~7~~ 2,800 SQUARE FOOT SINGLE FAMILY HOME (2,500 LIVING AREA) Updated January 4, 2006 COMMUNITY PARKS ~ 0822 --- REGIONAL PARKS ~I- $821 LIBRARY ~ 1- $452 ROAD ~I $7,062 ,---- PROPOSED EMS ~I $120 I ~-----, SCHOOL ~ L_ $1,778 CORRECTIONAL ~L $257 FACILITIES -- GENERAL GOVERNMENT ~I $353 '------- .-J WATER I ~I $2,760 , L. ~ SEWER I ~I $3,125 .J -~ FIRE I ~[ $420 -~ I LAW ENFORCEMENT I ~I $111 TOTAL ~ l__ $18,081 (with proposed EMS) TOTAL ~! $18,091 (Current) L-- --..- DOLLAR CHANGE ~[ ($10) (from updated fee) Agenda Ilem No. 80 o COLLIER COUNTY IMPACT FEES age41 0 41 10,000 SQUARE FOOT OFFICE Updated January 4, 2006 ~I ~I ~I ~I ~I ~I ~I ~I ~I ~l ~I $97,290 $1,332 $2,132 $3,000 $10,000 $9,514 I j $11,400 $1,079 $135,747 $135,245 $502 2/6/04 Agenda Item No. 9A February 14, 2006 Page 1 of 19 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LAND ACQUISITION ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to 3 year terms expiring on February 11,2009 and 1 member to fulfill the remainder of a vacant tenn, expiring on February J 1,2008, to the Land Acquisition Advisory Committee. CONSIDERATIONS: The Land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprisc broad and balanced representation including environmental and conservation interests, agricultural and business interests, educalional interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land managemenl, eco-tourism or environmental education. A list of the current membership is included in the backup. - The tenns for Willis P. Kritz, ElIin Goetz, and Wayne Jenkins expired on February 11,2006 and Brent Moore resigned on December 19,2005 (his lenn will expire on February 11,2008. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY QlliI ELECTOR ADV. COMM. Willis P. Kriz - reaDD! Environmental! A1!/Civic 1 Yes Land Acquisition Committee Kevin G. Kacer Env/Conservation, Ecology, R.E., 1 Yes None Land Appraisal, Land Mgmt, Eco- Tourism Wayne Jenkins - reapp! Civic/Conservation 5 Yes Land Acquisition Committee Stan Weiner Agricultural & Business, Civic 2 Yes None Ellin Goetz - reappt Ag/Business 4 Yes Land Acquisition Committee Received late Environmental/Conservation A TTENDANCE: Willis Kriz - 2005 - I I total meetings - I absence, excused Wayne Jenkins - 2005 - I I total meetings - 3 absences, 2 excused ElIin Goetz - 2005 - I I lotal meetings - 4 via phone; 3 present; 4 excused COMMITTEE RECOMMENDATION: Willis P. Kriz - reappointment Wayne Jenkins - reappointment Ellin Goetz - reappointment Kevin Kacer - new appt. expiring Feb. 11,2008 FISCAL IMP ACT: NONE ,--. GROWTH MANAGEMENT IMPACT: NONE Agenda Item No. 9A February 14, 2006 Page 2 of 19 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 14,2006 COLLIER COliNTY SOARD OF COUNTY COMMiSSIONERS 1lemNumber: '^ Item Summary: Meellng Date: ApPDintmenl (If members 10 the L.aM AcqUlsrtion Advisory Commiltee 7./1<l!20069:0n,OOAM P,"epart'd By S""fU,..>I'\ a".rdoICu"nly Commi""io"ern E~ecutiv..M",,"g..rtolh8CC DaUl BCCO!1.e'l 1/25/Z00E1IUlI:44AM Approved By LME.Ochs,Jr, Board 01 C'HlOty o..p.my Counl)f Manall'" D.~ C"mn,;u;o""rn CountyM;mil!l"t'~Ofijce 1I!j!200G 4:1~ PM Agenda lIem No. 9A February 14, 2006 Page 4 of 19 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners Cc: Bill Lorenz, Director, Environmental Services Department From~ Alexandra J. Sulecki, Coordinator, Conservation Collier Program Date: January 17, 2006 Subject: Recommendation for Conservation Collier Committee appointments On January 17,2006, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) met at their regularly scheduled monthly meeting and discussed the appointment of four (4) members to fill the upcoming vacancies for 3 terms due to expire on February II, 2006 (Will Kriz, Ellin Goetz and Wayne Jenkins) and one term due to expire on February 11,2008 (Brent Moore, who recently resigned). In response to the initially advertised 3 vacant positions, the CCLAAC received a total of five (5) applications, four (4) by the deadline and one (I) after the deadline, which was accepted as it came from a sitting member (Ellin Goetz). Subsequently staff received notice of the resignation of Brent Moore, making the total number of vacancies rise to four (4). After discussion about the five (5) applications, a motion was made and seconded to recommend that the sitting committee members (Will Kriz, Ellin Goetz and Wayne Jenkins) be reappointed and that Kevin Kacer be appointed for the seat recently vacated by Brent Moore. Additionally, the CCLAAC recommended that Stan Weiner be considered as an alternate, in case one of the other recommendations was not accepted by the Board. This recommendation was based on the applicants stated qualifications. The motion and second were unanimously approved. Please find attached the following; . A table identifying how each of the five applicants met the qualifications required for service on the CCLAAC . A copy of the attendance records for 2005 for the members seeking reappointment . A listing of current CCLAAC Committee members and their term expiration status. Please advise should you need additional information. Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 9A February 14, 2006 Page 5 of 19 CCLAAC January 17, 2006 Summary of Applicants Agenda Item V,B. As resentation of Interests individual Member rtise, Knowled e or Interest Environmental Agricultural General Real Estale aod aod Civic and or Land Land L.nd Environmental No. Name Conservation Business Educational Citizen Ecoloov Conservation Acnulsition Idnnraisal Manaaement Eco lourism Education 1 EllinGoetz w.e. w.e. w.e. , w.e. , , , 2 WavneJenkins w.e. w.e. , , , , , , 3 KevinG. Kacer w.e. , w.e. w.e. w.e. w.e. w.e. w.e. 4 WillisP.Kriz w.e. , w.e. w.e. ... w.e. w.e. w.e. w,e. w.e. 5 Stan Weiner , ... w.e. , , Notes: R resentafion of Interests Statf cocled this section 10 indicate an a licant's slaled interest as .s.i." Where an interest was not ex licitl stated. an .x" is shown in the "General Civic and Citizen" cal .0 .W.e." is shown where an a lieant has demonstrated work ex erience Ofllhe a tieation. I I I Individual Member Expertise, Know/ad e or Interest Staff coded this section to indicate an ap Ilcant's lormal trainin .U.") and work ex erience 'w.e." . A .v. was Dlaced In Ihe a fa riate section where volunteer efforts were noted. or in the CooservatiOfl cate where an a plicant has served on a CoulltV adviso committee dealtn with environmental matters. .5.1." was used to note an a Beants slated inleresls. i Agenda Item No 9A February 14, 2006 Page 6 of 19 Conservation Collier Land Acquisition Advisory Committee Attendance Record - FY 2005 Kathy Bill Will Wayne Ellin Michael M."o Mimi Tony Brem Date Prosser Poteet Kriz Jenkins Goetz Delate Espinar Wolok Pires Moore J~" .05 P P P P-telephone P A P Febru -05 p P P P P P P P.A imed in5/05 March-05 p p P P P P P A A rit-05 P P E P P A E P Ma -05 p P P P P P P P June-05 p p P E P P P P Jut -05 A" st-05 P Elected Chair E p P tele hone P P E P Se t..05 p p P E P P P P A inted9/13/05 OCt.-05 p P E E P A P P P Nov.-05 P P P E P p p p P Dec.-05 P P A P P P P A P Page I -'. Land Acquisition Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2nclExpDate Agenda Item No. 9A February 14, 2006 Page 7 of 19 Term 2nd Term Mr. WiUis P. Kriz 770 Waterford Drive, #303 732-1982 Naples, FL 34113 E-Mail: Di.~trict: I Category: EnvironmentaIlAglCivic 02111/03 3 Years 02111106 Ms. Ellin Goetz 643-0077 02111/03 02111/06 439 3rd Avenue, North ~147 Naples, FL 34102 E-Mail: District: 4 Category: AgriculturallBusiness EnvironmentaVConservation Mr. Wayne Jenkins 2500 Jenkins Way Naples, FL 34111 E-Mail: District: 5 Category: Civic/Conservation 352-3175 02111103 455-8109 Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 E-Mail: District: 2 Category: Land Use Attorney 649-6555 01125{05 450-2474 Mr. William H. Poteet, Jr. 403-3840 02111/03 6180 Star Grass Lane 352-6822 03/08/05 Naples, FL 34116 E-Mail: District: 3 Category: AglBusinesslConservalionIReal Estate Wednesday_ September 14. 2005 Pagel of J 02111106 02111/08 02111105 02111/08 / 3 Years / 3 Years 3 Years 2 Years 3 Years / r-- Land Acquisition Advisory Committee Work Phone Home Phone Mr. Brent Moore ~~J ,q,sr$ 390-1152 09/13/05 900 Hidden Terrace Road ~' 298-031" Naples, FL 34104 E-Mail: brentm@bonitabaygroup.com District: 4 Category: Env/Conservation! AglBs,lEdclEcologylRElLand Mgmt Name Appt'd Exp. Date DateRe-appt 2ndExpDate 02/11108 Ms. Mimi Wolok 403-9992 11116/04 02111107 1 1 12 T rail Terrace Drive 403-9992 Naples, FL 34103 E-Mail: mwolok@peganet.com District: 4 Category: EnvironmentaIlEcology/Conservation/RE & Land Acq ~ Mr. Michael Delate 574 100th Avenue North Naples, FL 34108 E-Mail: mdelate@gradyminor.com District: 2 Category: EnvironmentaVCivic/Conservation 0211 1104 02/1 1107 947-1144 02111/03 592-9834 01/27/04 Mr. Marco A. Espinar 263-2687 02111/03 3880 Estey Avenue 01/27/04 Naples, FL 34104 E-Mail: District: 4 Category: EnvironmentaV AglCivic!Ecology 02/1 1/04 02/11/07 ,.-- Wednesday. September 14. 1005 Pagel of3 Agenda Item No. 9A February 14, 2006 Page 8 of 19 Term 2nd Term 3 Years ,,/ 2 Years I Year 3 Years I Year 3 Years Agenda Item No. 9A February 14, 2006 Page 9 of 19 Land Acquisition Advisory Committee Name Work Phone Appt'd &1" Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term The Land Acquisition Advisoly Commill8e was eoadled by 0ni18lCe No. 2002.Q. This 9- member committee's primary responslbiIiIy is to recommend to the BCC an Active Properties Acquisition List with qualified ~ recommet.claliolls aI environmentally EIlSitiVe lands CQ'\sistent with the goals aI the eor-valion Collier Land Acquisition Pruy...... Membership of the committee shall compnee bIo8d and balanced ...pI u! ,1loIion including environmental and CQ'\servation i1dbo..., agricullunII and IlI.IsiMa ~dboesls, edoo- ".iQ,llII ~dereSls. and general civic and citizlIn i.1IerelllS wilhin the Col.wIty. Members shall have ~, k11OWl! ~~ or Interest in ecology, COIRfVation aI nalUIlII .-ources. nt8I eetaIe or B1d acquillltion, B1d 1PJll1IIsaI, B1d management, eco-rnm or environmental educaIion. Tenns: 3 Years FL STAT Staff: Alex Sulecki, Senior Environmentalist Specialist 213-2961 WI'dnl!sda.1'. September 14. 1005 PageJ af 3 lO'J 'Sur:; -- fl ~ s(J{\:J /;JJLCS Dett#/J;,.,p 'Agenda Item No. 9A February 14, 2006 Page 10 of 19 -- Board of County Commissioners 3301 East Tamiami Trail Nnples, FL 34112 . (239) 774-8097 Fax: (239) 774-3602 ,~_..~~~' \~j '. , ., ',"- if .1 ,. Application for Advisory Committees/Boards Home Phone: ?b ~ "14- 7 Noern. ~IP Code: '?~ to'2- ~4-'; ro71 e-mail address: ~~@M>L-. [o(VJ . Business: &O~'2.--t' S~ ~ MA'h~ lNC, Board or Committee Applied for: ~ee.vM"1~ ~<- Category(ifapplicable)~lWStNW,p~~ ) "-N\lf.Ot,M~ ~~(~ ~ Example; Commission D1strkt. Developer, eDvlroomeoillbt, lay penon, etc. '1 ~~{1 Are you a registered voter in Collier County: Yes X . Name: Home Address:~ ~ ~ Fax No. 2ft; \ ~l L Business Phone: No Do you currently hold public office? Yes If so, what is that office? No )( Do you now serve, or have you ever served, on a Collier Coun If yes, please list the commJtteeslboarm: 'X No 1'1 Please list your community activities (civic clubs, neighborhood associations, etc. and p~ons held: ~~~~ji~~~ Education: M t..-A UN/V Or M~$~ ~k \I ~ Irr<- t.IJ~" e: Experience: C-t1AJS1!!JrUlk;lo,J COIA.-IUt?. ~ (lA.6M~ "2.00 '2 - '1-no 5. PlelW! lit/lith any IUIdidonfllinjormlltiolf YON/eel pertinent. This appUctlIIon 8110llld beforwanltlll to Sue Filson, Execlllive Mllnllger /0 the BOlITd ofCouu/y Commls.slo"us. JJ01 /!IUt rllmUunJ Trtzu, N4Plu, FL 14112. {fyoR wish, pka# jllX J'OIU' app/kation to (239)774-36020,.".",1Iil to su~filfOlfl'iiknlliOf'"v. 'Jet TlulIIkyoufo,. vollUllUrlng tI1 UIW the dd:em of Collier County. Agenda Item No. 9A February 14, 2006 Page 11 of 19 MEMORANDUM FROM: December 12, 2005 Elections Office Iii Sue Filson, Executive Manager l' Board of County Commissioner DATE: TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAND ACOUISITION COMMITTEE COMMISSION DISTRICT Willis P. Kriz 770 Waterford Drive, #303 Naples, FL 34113 Kevin G. Kacer 237 Palmetto Dunes Circle Naples, FL 34113 Wayne Jenkins ,-/~S- i / 04 2500JenkinsWayCorr~cl t?-IC('oS Naples,FL34117 I~(pf)f I J Stan Weiner 9881 Clear Lake Circle Naples, FL 34109 ~s ;? Thank you for your help. MEMORANDUM Agenda Item No. 9A February 14, 2006 Page 12 of 19 DATE: December 12,2005 TO: Alex Sulecki, Environmental Services Sue Filson, Executive Manag~ \ Board of County COmmissiOl:r(S\ FROM: RE: Land Acquisition Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Willis P. Kriz 770 Waterford Drive, #303 Naples, FL 34113 Kevin G. Kacer 237 Palmetto Dunes Circle Naples, FL 34113 Wayne Jenkins 2500 Jenkins Way Naples, FL 34117 Stan Weiner 9881 Clear Lake Circle Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 9A February 14, 2006 Page 13 of 19 "'-'Ison_s .m: advisoryboards@colliergov.net Sent: Monday, December 05, 2005 8:56 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~<;:cmnty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239)774-3602 Fax: (239)774-3602 I(Lt~' ',.-', -, :""" ~. A - ! . . .~ .~.. . l";, ..... 1 ./ December 05, 2005 Application for Advisory Committees I Boards Name: Willis P. Kriz Home Phone: 239-732-1982 Home Address: 770 Waterford Dr #303 -) City: Naples, FL Zip Code: 34113 Fax Number: 239-732-1982 Business Phone: 239-732-1982 Email Address:wckriz@comcast.net Place of Employment: Retired How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Land Acquisition Advisory Committee Category: (if applicable) Land acquisition, conservation of resources ~ Do you currently hold public office? No 12/6/2005 Page 2 of2 Agenda Ilem No. 9A February 14, 2006 Page 14 of 19 . Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Conservation Collier Land Acquisition Advisory Committee Please list your community activities: Homeowners Association Board Education: BS in Agriculture, University of Nebraska . Experience I Background: Conservation Collier Land Acquisition Advisory Committee, 2003-present Chief, land Resources Division (land Acquisition), National Park Service, 1979-1994 Chief, land Acquisition Division, Southeast Region, National Park Service, 1972-1979 Other Land Acquisition positions, National Park Service, 1965-1972 Realty Specialist, Omaha District, US Army Corps of Engineers, 1959-1965 . 12/6/2005 . .~ " BOi&[d of County Commissioners o ECE\\1E.\J 3301 East Tamiami Trail . f' Naples, FL 34112 jUL \ 9 2005 (239) 774-8097 - ,-. ,- '\ ''":0 Fax: (239) 774.3l{lil' r.:.,' ,.. comm\a$ioners ' t<I01 Coun\V ,. ,'.; 2i~:; 1....., '" .".; ._,-i~..J .~ ."'~ pa~erldaditlT<7'!o. 9A "l'e5ruary 14: 2006 Page 15 of 19 ,-<)21., (, .-,;', .:.>,,:";';~i\S:;:~"'.;r;;. Application for Advisory CommitteesIBoards Name: Kpv; n ~ l(::.(""pr Home Phone: 77" Q700 Home Address: 237 Palmetto Dunes Circle, Naple!npCode: 34113 Fax No. Business Phone: e-mail address: Place of Employeement: retired in 2002 after 32 years with the National park. . rerv1ce Board or Committee Applied for: ('-'-7iS,&rvtthtri! r.~tI~r !..dAd A~Il'(; hdn /U(J'<'~!?I (Otnmiltb. Category (ifapplicable): District 1 Example: Commission District, Developer, environmentaUst,lay penon, ete. How long have you lived in Collier County: Years 18 Months Are you a registered voter in Collier County: Yes X No ~ Do you currently hold public office? Yes If so, what is that office? No X Have you ever been convicted of any offense against the Law? IT yes, explain: Yes Do you now senre, or have you ever serv~ on a Collier County board or committee'? Yes IT yes, please list Ibe eommitteeslboards: No X No X Please list your community activities (civic clubs, neighborbood associations, etc. and positions beld: Education: BA (Business Management); numerous training courses in natural and cultural resources manaaement. and fire manaaement. Ex~rience: Resident of Florida off and on since 1968; resident of Collier County since 1987. National Park Service duty assignment include Everglades NP (68-72), Biscayne NP (75-77) and Biq Cypress National Preserve (87-02), so I am well versed in the South Florida eCOSystem. Key player in the development of various manaaement planninq documents (fire, ORV use, historic oreservation. visitor use, and qeneral park manaqement plans). Hnnhip~. Fin~n~i~' p'~nning ~nn invp-sting: gnlfing: orchids: '~nn~~rlr~ grlrn~ning (vith nrltiv~~). fnllnwing thp- prnarp-~g nnn successes n~ ~nn~cr'T~~inn 0n"i~r Pleas~ tlIJach any lUltIitiolUll injomuttWn you f~~1 pertinent. This applictJtion should bt forwarthd to Sue Filson, Ex<<:utiu MtulGpr to the Board ofCounJy Commurion~rs, 3301 Eat Tamiami Trail, Napus, FL 34112. qyou. wish, please ftIX JOIU' application to (239)774-3602 or r~tdl to swdilson@collien!Ol'.net. Thtulk you for 1'Olunteering to sern tM citkens ojCollkr Coanty. 7/17/05 . . . Kacer:, Kevin G. Application for Agenda Item No. 9A Patgea~ 1 ~ 12000- Conservation Collier Land Acquisition AdvisoryP~~ptBke. The last eight years at Big Cypress National Preserve prior to retirement, I was responsible for providing oversight and coordination for a very active Federal land acquistion program in the Addition Area (146,000 acres). I established acquisition priorities, initiated property surveys, conducted haz. mat. and exotics inventories, determined property ownership and maintained open communications with these owners, and primarily served as the Preserve liaison with the NpS Land Acquisition office in Naples. Also responsible for monitoring for potential resource impacts and compliance with the Collier LDC on several hundred private in- holding properties. Coordinated compliance efforts with Collier Code Enforcement and PUblic Health, and Florida DCA and DEl'. I am very familiar with the appraisal process, general real estate terms and procedures, aerial photo and map interpretation, and can actually read and understand deeds. own You can't protect and natural and cultural resource until you the underlying dirt in fee simple. Reference: Jim Ward - superintendent NpS Land Acquisition Field Office, Naples. 261-4477 x247 . J ~ - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 R'O ,.- 'O..",-" ''-0 ., ~-.I ",_'O \. ,,- ~. ~., .... ",,' '-~ ~ ~' t..., Agenda Ilem No. 9A February 14, 2006 Page 17 of 19 I... ''O' "'"5 ,.;;;'.1 .1 >,' ('l"l 'M',..! T I:.. I.) _U.... AppliWl-ti9~~fQ{;A!lvisory Committees/Boards WflyrlE -snv'KJNS HomePhf":1;-?') 'is.r--8/d7 "500 -r-r-:.L.IIJs ,-l",y --3,1/I? Home Address: ,.. ..... '" TVI\ IoN '1 Zip Code: "7 Fax No.3 t,' '1- 3'lJ << Business Phone: AI / " e-mail address: W'" Y.:rf';J ;ZSo O~.n5t1, CLl'm Place of Employment: If~T)f?(;P US. I'ilsrlll.,.. Se-~IIICt Board or Committee Applied for: t.. 4 fill) /I C (fi1 t SIn {J,{ 1'1 J)VISIM 11 ~/?I /1I/7/ff(j t.. /1 y fE~.s()"! Name: Category (if applicable): Example: Commission District, De\'eloper. environmentalist, lay person. ete. How long have you lived in Collier County: Years S'S' Months :1 ~ No Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, wbat is tbat office? No ,/ Yes No ./ Have you ever been convicted of any offense against the Law? [fyes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes / No If yes, please list thecommitteeslboards: t:. A" D If C 11(1/ 1.5' I r I 't1JN 11 /) I!IC;-"~ Y c,., mmlrrcr- Please list your community activities (civic clubs, neighborhood associations, etc. \lnd positions held: P/?CS,- CO I.. '-IE"/: .sP,,/?'Tsmf'!< &, C<lNsC!f?vATI-6t1. CLc(K M~~r~-- e-tl~t::L~P~J" C/7 ~/fff;J'{67 c~ u~t.;'O ) se n. leI<" M .1Ir>t'~ - SO' "I'" ,,~ "')WlitfSC(,~W.)' I'ICIIYUNt" Sif"fJrI/> fJpl/).s:'I:'1 clJ/T)m)TTr~ Inirm8C"~ Education: #1 tr/-l s"c f(()tJ /.... C=,f'1I () t( /1 jf: Experience: )AI.!.iI/~/) Klv G rr~rsS' ,.. G=c Ire> C4 WI ~ f!:i ~ IS- S Please attach Gny Ildd/tional informrmo" you feel peronell/. This app/icDtioll should be fOTWllrded /0 Sue Filson, Executive MaMger to the BDllrd of County Commissioners, 3301 Ellst Tllmlami Trail, Nllples, FL 34112. /fyou wish, please/ax your applicaJion to (239) 774-3602 or e-maU /0 suefdson(jj'-col/ieN!o1!.net. Tlulnk you for volunteering to serve the citizens of Collk, County. filson_s am: advisoryboards@colliergov.net Sent: Saturday, November 19, 20051:22 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~C?m,"", Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 November 19, 2005 Application for Advisory Committees I Boards Name: Stan Weiner Home Phone: 239-591-0316 Home Address: 9881 Clear Lake Circle . City: Naples Zip Code: 34109-0787 Page I of2 Agenda Item No. 9A February 14, 2006 Page 18 of 19 .rt(~ ~t~' " ;1 . .. . ~ ". . '. .. II i " 'II' 'I Fax Number: 239-591-0316 Business Phone: No information provided. Email Address:sweiner@swfla.rr.com Place of Employment: Retired How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Land Acquisition Advisory Committee Category: (if applicable) No information provided. . Do you currently hold public office? Yes If yes, what office do you hold? 11I2 ]/2005 . j '1 1l!21/2005 Page 2 of 2 Agenda Item No. 9A February 14, 2006 Page 19 of 19 Supervisor - Collier Soil & Water Conservation District Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: No information provided. Yes Please list your community activities: Wilshire Lakes Master Board - Secretary/Treasurer Property Owners of North Naples Board Collier County Sky Watch Program North Naples Community Emergency Responce Team Education: B. S. Chemical Engineering Experience I Background: 5 years on tihe CSWCD - Currently Secretary/Treasurer EXECUTIVE SUMMARY Agenda Ilem No. 9B February 14, 2006 Page 1 of 15 ,- APPOINTMENT OF MEMBER(S) TO THE PELICAN BAY MSTBU ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members; 2 representing residential and 1 represeming commercial to 4 year terms, commencing on March 31, 2006 and expiring on March 31, 20] 0, to the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: The Pelican Bay MSTBU Advisory Committee has 3 terms expiring on March 31, 2006. This] 1 member Advisory Committee was established by Ordinance 90- ] 1 ] as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of]ong-term communily planning so lhal residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well-being oflhe Pelican Bay Community. A list of the current membership is included in the backup. The terms for David A. Roellig (resident), James A. Carroll (resident), and Ed Staros (commercial) will expire on March 31, 2006. A press release was issued and resumes were received from the following 4 intercsted citizens: APPLICANT CATEGORV Qlli! ELECTOR ADV. COMM. - Leo m. Lvnett, Jr. WITHDREW 2 No None David 1. Bramson Resident 2 Ves None Edward V. Slaros-reappl Commercial 2 Ves Pelican Bay MSTBU Committee Coleman J. Connell Resident 2 Ves Pelican Bay MSTBU Committee ATTENDANCE: Edward V. Staros - 4 excused meetings out of]2 BALLOTING RESULTS: Since only 3 qualified applicants were received for 3 vacancies, no balloting process is necessary. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TlON: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Execulive Manager Board of County Commissioners Agenda Date: FEBRUARY 14,2006 -- Item Number: Item Summary: Meeting Date: COLLIER COlINTY BOARD OF COUNTY COMMISS!ONERS "8 Appointment pfrn~ml>l!rs \0 the Pelican Bay MSTBU Ad>,!sory Commiltee. 2!U/20069,OQ,QOAM Agenda :1wl1 No, sa febn.l0ty14,2UO!j Page20115 Prepared By Sue Fil~"" aoardorCounty C"mn.h;~i(tnl!ro E~,,(;uti,,~ M~"~ll"r t<llh" ace 0.00 Approved p}' L.,o E. Och~, Jr. B""rdofC""nfY Cfl<nmi",~i<"'I!!"S BCCOnice 1I15i200€1ll;3C:UAM D..putyCountyM1'""!l'" 0.0 CO\intyMal'lagl!r"~ Offica lf31110!)l;4'11 PM - Collier County Clerk. of Courts Agenda Item No. 9B February 14, 2006 D 3 of 15 Memo Too Sue Filson I'rom: J. Walter Cross eel Sue Barbiretti Dat8: January 13, 2006 Reo Pelican Bay MSTBU Advisory Committee Sue: On the basis of the email which I received from you on January 12, confirming the withdrawal of Mr. Leo Lynetl, Jr. as an applicant for the Pelican Bay MSTBU Advisory Committee, I am happy to report the following: There are 3 applicants for the 3 positions on the committee; 2 residential and 1 business/commercial. Thus, a balloting process will not be necessary. The Clerk is hereby forwarding to the Board the nanles of Mr. David J. Branson and Mr. Coleman J. Connell as recommendations for appoinlment as the residential rapt ase.ll<lli~es and Mr. Edward V. Slams as the recommendation for appointment as the business/commercial representative. In my reading of the ordinance I find nothing prohibiting the Board from making these appointments at any of its regular meetings prior to the end c:I March when the current term ends. If you have questions or concerns, please let me know. Thank you for your assistance in this malter. Regards, J. Waller Cross .. Agenda Item No. 96 . February 14, 2006 Page 4 of 15 Memorandum "-', . f . Date: Sue Filson Executive Manager Board of County Commissioners Barbara s~~ December ~005 i",:);; To: From: Subject: Pelican Bay Advisory Board Member Absentee Record Of the three members of the current Pelican Bay Services Division Board whose terms will expire on March 31, 2006, and not knowing in advance who will or will not be making application for reappointment, I am prOViding you with the attendance records of all t1hree members. For the period of January 1, 2005 through December 31, 2005, the following is the attendance record of those three gentlemen. If you have any questions or desire a different time frame, please contact my office. James Carroll - none David Roellig - (2) May 4, 2005, October 5, 2005 Ed Staros ( 4) June 1, 2005, October 5, 2005, November 9, 2005, December 8, 2005 Pelican Bay Services Agenda Ilem No. 98 February 14, 2006 Page 5 of 15 MEMORANDUM '..., <,...~ "-;-0\ ,\ DATE: January 10, 2006 Elections Office '-- ~ X ' Sue Filson, Executive ManBgerL ' Board of County Commissioners @ TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PEL BAY MSTBU ADV COMM: '""- ~ \\~J HI-Q\P' 'V ;#tr Leo M. Lynett, Jr. O'Cl I; ;lOfl"\l , 5501 Heron Pointe Drive \ Naples, FL 34108 COMMISSION DISTRICT David J. Bramson 353 Carlton Place Naples, FL 34108 }/K fA Edward V. Staros 280 Vanderbilt Beach Road Naples, FL 34108 :;{ ~ Coleman J. Connell 7024 Pelican Bay Boulevard Naples, FL 34108 Thank you for your help. Agenda Item No. 98 February 14, 2006 Page 6 of 15 .~. Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. David A. Roellig 02110/98 01f29102 4 Years ./ 6000 PeJicen Bay Blvd., #204 594-2210 01108102 01f29/06 4 Years Naples, FL 34108 E-Mail: District: 4 Category: ResidentlEngineer Mr. David C. Nordhoff 03f25/03 03/31 107 4 Years 8420 Abbington Circle #Bl1 594-8420 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. Matthew William Mathias 598-7541 03f22/04 03/31109 4 Years 2025 Merlin Court 263-9503 Naples, FL 34105 E-Mail: mattmathias@msn.com District: 4 Category: CommerciaVDeveloper Mr. Maurice James Burke 05f22/01 01 f29105 4 Years 5801 Glencove Drive, #508 598-3140 03122/05 03131109 4 Years Naples, FL 34108 E-Mail: therightperson@msn.com District: 2 Category: Resident Mr_ James A. Carroll 02110/98 01f29102 4 Years 8430 ^DDmgtoll C;'"i.., <;:' )J 597-9767 01103102 01/29106 4 Years /" Naples, FL 34108 7f{,;zs~/fhr'BII/~ +1. Ifb.2- E-Mail: District: 2 Category: ResidentlEngineer ~ Tluusday, March 24, 2005 Pagel of 3 Agenda Item No. 9B February 14, 2006 Page 7 of 15 . , Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. John J. Boland 03122/05 03131/09 4 Years 8420 Abbington Circle, B 15 594-0131 Naples, FL 34108 E-Mail: johnsusanboland@aol.com District: 2 Category: Resident Mr. Donald Spanier 04/22/03 03131/07 4 Years 812 Pitcbapple Lane 594-2851 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. John Domenie OS/22/01 01/29/05 4 Years 749 Bentwater Circle #201 566-3179 03/22/05 03/31/09 4 Years --- Naples, FL 34108 E-Mail: johandomenie@aol.com District: 2 Category: Resident Mr. John Iaizzo 03/25/03 03/3 1/07 4 Years 6573 Marissa Loop, # I 902 592-0678 Naples, FL 34108 E-Mail: District: 2 Category: Resident Mr. Ed Staros 598-6626 06/25/02 01/20/06 4 Years / 753 Brentwood Point 596-4561 Naples, FL 34110 E-Mail: District: 2 Category: Commercial Thursday, March 2-1, 2005 Pag.2 ofJ Agenda Item No. 98 February 14, 2006 Page 8 of 15 Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Christopher F. Sutphin 8720 Bay Colony Drive, # 1 04 Naples, FL 34108 E-Mail: chris@cfsbbs.com District: 2 C/lJegory: Resident 596-1351 OS/22/01 596-1351 03/22/05 01/29/05 03/31/09 4 Years 4 Years This 15membercommittee_...uled by 0nI. No. 90-111 and _Ided by Orcl No. 91-22 and 93-15 \0 aid and 8IlIisllhe County managar and the Board of County Commi8lliOJleI'Il in delennining the need and quantity of fIJlbau.dh_y law e.ifou)ernenl in PeIlc8n Bay. Also \0 akl, ..at, and provide ""Ill \0 the County MInIg8I' and the Board in ..&..llng a lIIIIooCh and expeditious lr8n8fer of street Iighllng, wal8r ma'lllg8lllent and be8utIfIcalIon urvices, reeponsibllities and obligations from the Pelican Bay Improvement Dislricl On 11/3/98 the BCC reduced the membership from 15 to 13 members. Terms 819 4~. On April 11, 2000. the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5128102 the Bce ~1Bd 0nI. 2002-27 esIIIbIishing the 11 member committee. -. Membership shall be 9 rflllleoenlative of the lllSidentiallnterests within the Unit and 2 shall be represe..lati'll'8 of the commercial & business interests within the unit. Terms will expire on March 31 Jay Cross. ExeculiYe Assistant \0 CIe/1( 732-2725 FL STAT 125.01 c:::: ';t'h (!;,afbMC,-, -1m' Stoff: JlrlI 11, Pallcan Bay Services Division: 597-1749 ThlU$day. March 24, 2005 Pagdof3 MEMORANDUM Agenda Ilem No. 9B February 14, 2006 Page 9 of 15 DATE: January 10,2006 TO: Dwight Brock, Clerk of Courts Jay Cross, Executive Assist~ant Cfk FROM: Sue Filson, Executive Manager :x.' Board of County Commissio' , RE: Pelican Bay MSTBU Advisory Committee As you know, we currently have 3 vacancies (2 representing residential and 1 representing commercial) on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. 1 have attached the applications received for your review as follows: Leo M. Lynett, Jr. 5501 Heron Pointe Drive Naples, FL 34108 David J. Bramson 353 Carlton Place Naples, FL 34108 Edward V. Staros 280 Vanderbilt Beach Road Naples, FL 34108 Coleman J. Connell 7024 Pelican Bay Boulevard Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attaclunents ~ -) .... 61/65/2886 15:58 5974562 PELICAN BAY SERVICES PAGE 63 Agenda Item No. 96 February 14, 2006 Page 10 of 15 Board of County Commissioners 3301 East TaJlliami Trail N.pIes, FL 34112 (941) 774-809'h' . ", Fax: (941~77' C'F j"",.. J . ~ L'';(..: ,;,;)';:',j (~~ C;.l~;'." '...i.;;':,;-:-~:~~S,~:'srs: Application for Advisory CommitteesIBoards Name: L.;~ rJe~ ~ ~ Homcftooe: ,~~ / () {r~ Hoae AcIdreIs: sto _e eo rJ PL-rV I 0 e. Zip Code: ~ 4/ b <:J FazNo. {qq 91.$1 lhuin_l'boae: e-maOacklreor. BasiDess:_~ell~e.d 1--rr;~ I\le~ BoardorComJDitteeAppIieclf'or. e.11 (vr~ ftj Ql:rrA 0 Category (If applicable): E...pI<, c..__itt,o........,.... ,-103'_.... CJrlvlsol<.l COWl rYl~<::' ARyou. ..!wed voter in Collier Coaaty: v. Do}'ll1l tIlrrelltly IIoId pubic oflke? Y. If 10. wlat" dmt oftice? No '/,. No "i-.. Do JOB .... ....... or _. )'0. eYer oened, DB . c.uior c...1y ....r. or .......ilIee! Yes Ityes,pIoueliottll.__ l'feK. PIeUe lilt yollJ' commnlty lICIlvIdeI (mtc: c1ubll, nlPbo.....""" .....,;,,!luaII, - ..d ....,wc.... held: EdU8tioll: H. S Colle~ e- t?:s. ~tft,J- ~ kfruJ S'~()()-e. E"flUieIlee: ~1lfIIdo... ... Hr~ .oJ -}/JIIIIftJlJlJIIJIf/IIeIIt. 1IiJ.... T ~ 1I'*'-Il_.fo.~_4J.sw~.E\ '._~"'lM -.,.c:..,~ .. ...._IEdT__TIfIII,~FLiUll:z. q,......pI-JIot_ _,- - '''(H1)774-M11;l... ~1O_1fD----'--- 1IIIJ~1II!!f.. DAt",.t<<" _.~IrI......IIw~ofCWlierC...". filson_s .m: advisoryboards@colliargov.nat Sent: Sunday, January 08. 2006 4:56 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 January 08, 2006 Application for Advisory Committees I Boards Name: David J. Bramson Home Phone: 239-596-0464 Home Address: 353 Carlton Place . City: Naples Zip Code: 34108 Page I of2 Agenda Ilem No. 96 February 14, 2006 Page 11 of 16 f(. ~~' i.' __w=-~ I ....... .".:J . , . . ..... .:.. . :f' 4, J " Fax Number: 239-596-0465 Business Phone: No information provided. Email Address:davidbramson@earihlink.net Place of Employment: retired How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Pelican Bay Services Division Category: (if applicable) Resident . Do you currently hold public office? No 1/9/2006 Page 2 of2 Agenda Ilem No. 913 February 14, 2006 Page 12 of 15 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Pelican Bay Foundation Budget & Audit Committee Member Former Vice President and Treasirer L'Ambiance Condo Board Education: B.S. in Accouting, University of Illinois Various post- graduate courses Experience I Background: 3 yrs. government service -IRS 39 yrs. CPA practice- most as partner in various accounting finns including national responsibilities and member of various policy committees Chainnan, Illinois Accountancy Board which is responsible for supervising the practice of public accounting in Illinois ~ ... 1/9/2006 2395986667 The Ritz-Carlton_ Naple 08:38:48 a,m. 01-05-2006 2/2 Agenda Item No. 98 February 14, 2006 Page 13 of 15 . .~ Board of County Commissioners 3301 East Tamiaml Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: atJARlJ J/ SrAR.os Home Pbone: 2 "18 -25D I HomeAddress:2BO VA.&lee.BjLr~PAb ZiPcode:MIDB-ZJCD Fax No.91B-tdt:k7 BuslnessPbone: 5'1B-fPIo~ e-mail address: G.D.S1iiRas@~~ ~ 11 /I. ^' _ . fA fj, Ir . (J.&;J""- ".~ ."....,..." IHGKrrz. -Vl<:U~ ~ Board or Committee Applied for:P€LlCA~ S<38J 1U:2..& JlLlA~lD..u - M,STaO Category (ifapplicabJe): (1o~AL -Se.4r Example: Commission District" Dn-eloper, eaviroornenlal1st, I.y penon. .-c:. How long bave you lived in Collier County: Years (p V Months b Are )'OU a registered voter in Collier County: Yes No . Do you currently hold public office? Yes Uso, what is that office? No v Have you ever been convicted of any offense against tbe Law? Ves No V [(yes. explaIn: Do you now serve, or have you ever sfnred, on a Collier COUDty board or committee? Yes V No If yes, pl"'5e 11st the conw~ttees.!lz.oards: ""t\ ~I~ ~'( ;:;jaJJ~~WIL"'DA.) -~(j ("~IAL Sl"M Education:JLD~~A ~ /JAJw - ~= ~L()f ~~S 01- TAU ~-r. Experience: ~ ye&U!. II,) HQ;PITAt.."TY k@"= ~ ~te. 9.ra of~.\ - ~2; F . PIl!IlU (ltlIJclt llllY lldditiO"Il[ in/ormalioll J'tl1lJr4/ JU,.IiIl~nr. ThUllppliClJli"" should bLjorwarda 10 Sue FUson_ Ex~cuti~ Milliliter 10 tlJe BOllrdojCounty Co",,,,issifm~n. 3301 Etl.Jl r"../JIm/ TrlliJ. Nllpln. FL J.l1J2 11)'016 wish.pI~Il.t!fllXytJll'llppficlU/Dn 10 (119)774-3602"r e.mll;[ /0 sud1Jso~comeroov.m'l. TlulllkJ'DUfl1l' volunlurinz ", Ie"" the citizens DICo/JUT Countp. page 1 of2 Agenda Item No. 9B February 14, 2006 Page 14 of 15 ~'Ison_s 4om: advisoryboards@colliergov.net Sent: Wednesday. January 04. 2006 8:40 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ ~m...U' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239)774-3602 Fax: (239)774-3602 1(.. ~~" '1.' .... w=-~ I . :.4... . "'i - .' . . .-. .:.. . 'j' ~,~ ,.' January 04,2006 Application for Advisory Committees I Boards Name: Coleman J. Connell Home Phone: 239-566-2145 Home Address: 7024 Pelican Bay Blvd. --, City: Naples Zip Code: 34108 Fax Number: 239-566-2145 Business Phone: 239-566-2145 Email Address:concoI1@aol.com Place of Employment: Goulds Pumps, Inc., Seneca Falls, NY - Retired How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Pelican Bay Services Div. Advisory Board At Category: (if applicable) Advisory Board Member 1/5/2006 Page 2 of 2 Agenda Item No. 9B February 14, 2006 Page 15 of 15 Do you currently hold public office? No . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Pelican Bay Property Owners Association President, Calais Condominium Association Board of Education, Seneca Falls, NY Chairman of the Board, Geneva General Hospital, Geneva, NY Chairman, Executive Board, Finger Lakes Counciil, Boy Scouts of America Executive Board, Seven Lakes Council Girls Scouts of America Board of Directors, Chase Lincoln First Bank Board of Directors, Savings Bank of the Finger Lakes Education: High School, FreemanBusiness School Advanced Management Program, Harvard Business School . Experience I Background: 43 years - Goulds Pumps, Inc. Treasurer, Chief Financial Officer, Group Vice President, Industrial Products Board of Directors . 1/5/2006 EXECUTIVE SUMMARY Agenda Item No. 9C February 14, 2006 Page 1 of 17 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD OBJECTIVE: To appoint 2 members (1 Regular member and I Alternate member) to serve on the Collier County Code Enforcement Board. CONSIDERATIONS: The Collier County Code Enforcement Board has 2 vacancies with the terms expiring on February 14,2009 and February 14,2007. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas ofthe codes and ordinances to be enforced. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Mr. Clifford Wesley Flegal, Jr. (Regular) resigned on December 12,2005 and Mr. Larry Dean Mieszcak (Alternate) was appointed on January 24, 2006 as a Regular member, leaving the Alternate seat vacant. A press release was issued and resumes were received from the following 4 interested citizens: QlliI ELECTOR ADV. COMM. ATTENDANCE APPLICANT CATEGORY David Cook Construction 4 Yes None n/a Kenneth Kelly Roofin[! Contractor 5 Yes None n/a Edward A Wood Construction 3 Yes None n/a Justin DeWitte-Currently Business Professional 1 Yes Code Enforcement Bd 2 absences - 1 Alternate Member excused COMMITTEE RECOMMENDATION: Quasi-Judicial: no recommendalion The Board of County Commissioners is requested 10 appoint: I Regular Member with the term expiring on February 14, 2007 I Alternate Member with the term expiring on February 14,2009 NOTE: If the Board appoints Mr. DeWitte as a regular member, 2 Alternates will need to be appointed; I expiring on February 14,2007 and I expiring on February 14,2009. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. ,.-- Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 14,2006 A\lend8ItemNG.9C F€lJru<'\ry14.:!G06 Page:! 01 17 COLLIER COl'NTV SOARD OF COUNTY COMMISSIONERS Item Number: oc Item Summary: Meet1ng Date: Appoini!TIont of members \0 tile Code Enforcement Board 2i14/200Q!lOO.OCAM Prepared By Sun Fil~on a"ardorCounly Cnmmi~~iollp.rs E.er.\Itiv~ Managertolhe Bee "". BeCONiel/ ZI1Illl(l~4'13A1 PM AllPI'{lved By J~rnesV.Mudd a""rdofCnuoly CDunlyM"II"g"r "". C"mn.i~,,;o"nrs CDuntyMan<l\lI>r'sOffi.... 1I31120068,S9AM Agenda Item 1"0. 9C February 14, 2006 Page 3 of 17 (i)', , , '01'" Memorandum To: Sue Filson, Executive Manager Board of County Commissioners From: Michelle Arnold, Code Enforcement Director Date: January 26, 2006 Subject: Code Enforcement Board I am in receipt of your memo dated January 23, 2006 in which you requested review of applications submitted by citizens interested in serving on the Code Enforcement Board (CEB). The resumes for the applicants listed below were reviewed and meet the Code Enforcement Board Ordinance No. 2005-55, general classification requirements in t1he following categories: NAME CATEGORY DISTRICT Justin DeWitt Business Professional 1 David Cook Construction (GC) 4 Kenneth Kelly Roofing Contractor 5 Edward A. Wood Construction (GC) 3 Mr. DeWitt is currently an alternate member of t1he Code Enforcement Board who has had 2 absences since his appointment to the Board in April 2005 (1 excused absence in August 2005 and 1 absence in November 2005). Please consider the residency of these applicants to ensure that the various communities throughout t1he County are being represented. Should you require additional input please feel free to contact me at 403-2413. Code Enforcement Department Agenda Item No. 9C February 14, 2006 Page 4 of 17 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Justin DeWitte 642-3000 04/26/05 1060 Borghese Lane, # II 02 784-3963 Naples, FL 34114 E-Mail: dewitte@mail.com District: :1. Category: ALTERNATE -Business Proressional VACANT Naples, FL E-Mail: District: Category: ALTERNATE Mr. Richard Kraenbring 596-2315 10/26/04 1995 Tarpon Bay Drive North, #201 298-6215 04/26/05 Naples, FL 34119 E-Mail: rkaenbring@swfIa.rr.com District: 3 Category: REGULAR - Construction Ms. Sheri Barnett 591-2149 09/10/02 1160 27th Street, S. W. 455-4296 03/08/05 Naples, FL 34117 E-Mail: scbamettl@#earthlink.net District: 5 Category: REGULAR - Financial Planning VACANT Naples, FL E-Mail: District: Category: REGULAR Wednesday_ January 15. 2006 Page 1 of3 02/14/07 2 Years 02/14/06 02114/06 02/24/08 4 months 3 Years 02114/05 02114/08 3 Years 3 Years 02/14/07 Agenda Item No. 9C February 14,2006 Page 5 of 17 Collier County Code Enforcement Board - North Name Work Phone Appt'd bp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Jerry P. Morgan 04/26/05 02114/07 2 Years 2350 Mont Claire Drive, #201 594-8204 Naples, FL 34109 E-Mail: District: 2 Cat~ory:REGULAR-Corunro~wn Mr. Gerald J. Lefebvre 597-8500 04/28/02 02114/03 I Year 5389 Cove Circle n5-8604 01/24/06 02/14/09 3 Years Naples, FL 34119 E-Mail: Di..met: 3 Category: REGULAR - Real Estate/Zoning Mr. George P. Ponte 02/18/97 02/14/00 3 Years 565 Augusta Boulevanl, Apt. 10 793-1370 01/24106 02114109 3 Years Naples, FL 34113 E-Mail: District: 1 Category: REGULAR - Retired CBS Employee Mr. Larry Dean Mieszcak 06/28/05 02/14/06 8mos 7280 Carducci Court 732-1713 01/24/06 02114/09 3 Years Naples, FL 34114 E-Mail: LVMI96O@earthlink.net Di..triet: 5 Category: REGULAR - Real Estate Wednesday. January 25.2006 Pag.; of 3 Agenda l1em No. ge February 14, 2006 Page 6 of 17 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member board was created pursuant to Chapter 162 d the FL Sial. by Ordinance 88-89 and is composed of, but noIlimited to, Individuals rap. _.....in9 the occupalions of architect, businessman, engineer. generaI......b-.l\n, ....txx...b-.lor and Realtor and are considered, in part, on the basis of expel ience or interest in the areas d the codes and ordinances to be enforced. Membels are required to file a Form 1 Slafement d Finsnciallnterest each year with the Supervisor of Eleclions. Terms are 3 years. This is a Quasi Judicial Board. Two altemate membels were approved by Ord. 96-78 on 12/3196. FL STAT 162 Staff: Michelle Arnold, Code Enfoo cement 0irect0I.: 403-2413 JFednesdaJ', January 25. 2006 Pagel af 3 Agenda Item No. 9C February 14, 2006 Page 7 of 17 MEMORANDUM DATE: January 23, 2006 TO: Elections Office j Sue Filson, Executive Manager , Board of County Commission . FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMISSION DISTRICT CODE ENFORCEMENT BOARD David H. Cook 4924 Rustic Oaks Circle Naples, FL 34105 i Kenneth Kelly 4260 16th Street, N.E. Naples, FL 34120 5 3 Edward A. Wood 142 Bennington Drive, #3 ~._ <;; Naples,FL34104 Jf'-fO/':;,~-' Thank you for your help. Page 1 of3 Agenda Item No. 9C February 14, 2006 Page 8 of 17 Ison_s From: advisoryboards@colliergov.net Sent: Wednesday. February 01, 2006 1 :29 PM To: filson_s Subject: New On-nne Advisory Board Application SubrTitted. ~<?m~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) n4-3602 Fax: (239) n4-3602 .I....t'lr\." I(.~ /~. '.:J . .' . . ,'J, . ,. . ~... '. ~. 1 ,: February 01, 2006 Application for Advisory Committees I Boards Name: Justin DeWitte Home Phone: 239-394-7637 Home Address: 1494 Borghese Lane #201 City: Naples Zip Code: 34114 Fax Number: No information provided. Business Phone: 239-784-3963 Email Address:dewitte@mail.com Place of Employment: Self Employed I Licensed Real Estate How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Code Enforcement Board, Regular Member Category: (if applicable) No information provided. Do you currently hold public office? No 2/1/2006 Page 2 00 Agenda Item No. 9C February 14, 2006 Page 9 of 17 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Code Enforcement Board, Alternate Member Please list your community activities: Honorary Chair for Detroit Institute of Arts Benefit Collier County Code Enforcement Board member Education: MASTERS OF BUSINESS ADMINISTRATION December 2003 University of Michigan, Ann Arbor, MI . Concentration in Marketing and General Management. Graduated with High Distinction. GMAT 740, 99th percentile. Beta Gamma Sigma Honor Society MASTERS OF SCIENCE IN MECHANICAL ENGINEERING May 1998 University of Illinois, Champaign, IL . GPA 3.9/4.0, Deans List every semester. Honor Societies Pi Tau Sigma and Tau Beta Pi BACHELOR OF SCIENCE IN MECHANICAL ENGINEERING August 1996 University of Illinois, Champaign, IL. GPA 4.7615.0, Deans List every semester. Graduated with Honors Experience I Background: INDEPENDENT CONTRACTOR - REAL ESTATE INVESTMENTS 2004-present Collier County, FL . Licensed Florida realtor with membership in Marco Island and Naples Area Association of Realtors. Investment manager/advisor for client real estate portfolios. Sales representative and marketing consultant for EXIT Charde Realty BRAND MANAGER - DODGE PREMIUM VEHICLES 2003-2004 DaimlerChrysler, Auburn Hills, MI . Led the launch of the 2005 Dodge Magnum through coordination of marketing, sales, volume planning, engineering, manufacturing, pricing, incentives, communications, and dealer training 0 Accelerated marketing launch limeline by six weeks 0 Managed Magnum P & L and improved overall profitability 0 Selected to represent the marketing team at PR media events and conduct radio and television interviews 0 Developed tihe marketing brief including the Magnum 'why buys' for TV, radio, print, billboard, catalog and web advertising 0 Analyzed price elasticity and market competitors to determine volume, pricing, and incentive strategies that maximize profit and vehicle residuals; 2/1/2006 Page 3 of 3 Agenda Item No. 9C February 14. 2006 Page 10 of 17 achieved residuals 10 points higher than past premium vehicles. Enhanced client relations by fostering open communication, coordinating meetings to review product plans and developing client training programs. Created a process for ensuring adherence to the marketing launch plan; process is now mandatory for all product launches. Reviewed all communications for compliance to the brand strategy. Developed criteria for market research to investigate future product positioning. Participated in price, product and positioning research clinics. Reviewed research to identify target customers and understand their perceptions. Conducted strategic reassessment of Dodge brand. Selected to review aftermarket vendor proposals and fund proposals that align with Dodge marketing plans and budget targets PRODUCT ENGINEER 1998-2003 DaimlerChrysler, Auburn Hills, MI . Managed Engine Performance and Development for $6B minivan product line. Led various cross-functional teams to implement component technologies and internal process improvements' Represented the Chrysler Group in a forum that prioritizes supplier issues and holds supplier accountable. Developed and patented technology to reduce emissions and enable flex-fuel vehicle operation, saves DaimlerChrysler over $10M annually. Accepted into Chrysler's EGT (Engineering Graduate Trainee) program 0 Managed prototype builds to meet time and cost targets 0 Performed cost analysis and feasibility studies on prospective designs 0 Designed and coded transmission and engine software 0 Calibrated and verified functionality of engine and transmission features. Introduced younger employees to the Management Club and increased youth membership by 400% GRADUATE RESEARCH AND UNDERGRADUATE TEACHER 1996- 1998 University of Illinois, Urbana, IL. Collaborated with medical doctor to design training equipment for sprinters 0 Independently designed and built four functional exercise machines including hardware, circuitry and software 0 Utilized Design for Manufacturability techniques to detenmine and minimize manufacturing costs. Lectured a Design for Manufacturability course in the college of Mechanical Engineering 2/1/2006 MEMORANDUM Agenda lIem No. 9C February 14, 2006 Page 11 of 17 DATE: January 23, 2006 TO: Michelle Arnold, Code EnfOrceme~t . tor Sue Filson, Executive Manager .., Board of County Commissioners FROM: RE: Code Enforcement Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David H. Cook 4924 Rustic Oaks Circle Naples, FL 34105 Kenneth Kelly 4260 16th Street, N.E. Naples, FL 34120 Edward A. Wood 142 Bennington Drive, #3 Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-- frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 9C February 14, 2006 Page 12 of1? '150n_5 .m: advisoryboards@colliergov.net Sent: Monday, January 09, 2006 11 :54 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ <;:cm..r,y Board of County Commissioners 3301 East Tamiaml Trail Naples. FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .~_ ~t~.~\'/ . r' ., :.. - -f 4, ~ ;' January 09,2006 Application for Advisory Committees I Boards Name: David H. Cook Home Phone: 239-403-4917 Home Address: 4924 Rustic Oaks Circle ~ City: Naples Zip Code: 34105 Fax Number: 239-261-2869 Business Phone: 239-290-5786 Email Address:dave@alliedcook.com Place of Employment: self employes construction consultant How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Code Enforcement Board Category: (if applicable) businessman, general contractor, construction manager 1 Do you currently hold public office? No 1/9/2006 Page 2 of 2 Agenda Item No. 9C February 14, 2006 Page 13 of 17 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: I am a resident of Naples and Florida for 2 years approx., I own a Commercial Building Co. in Portland Maine where I have been its president for 33years and now CEO. My company does $30 to $40 mil/year in commercial building. All of our work is procurred on a negotiated basis and is private not public projects. Education: Public Schools in Portland Maine, graduated HS in 1969 and Dean Jr. College 1971 . Experience I Background: I have 35 years experience largely in the commercial and some in residential building industry. I have been at my current co. for all of those years starting out as a laborer and working my way to president, CEO and owner. I directed the growth of the co. from annual sales or less than $1 mil to $40 mil. and from 18 employees to 150 operating in three New England states. I have developed and implemented all of my companies current policies and procedures, and I have taken it from a plan and spec bid market builder to exclusively 100% private negotiated construction manager. We build commercial buildings from $500,000 to $25 mil. One story to 12. All types of uses from retail, institutional, office, medical, banking, manufacturing, warehousing, high-rise condo, remedial tasks, renovations. The largest project I have done is a 215,000 sf multi story building for BCBS of Maine. I have personnaly developed and solded over $130 mil of my own commercial real estate. I have owned and overseen 4 operating companies. My commercial building co., a residential building co., a crane service company, and a commercial RE development co. I am 55 years old, married with three grown children, two bonus children, and four grandchildren. I am, fortunately, in perfect health, drug free, do not smoke, and in good physicall condition. I pride myself in communication skills, organizational skills, management skills and the ability to inspire people. I am a good listener, compassionate, fair, open, honest and firm. I maintain high values and morals. I know that I would represent Collier County government respectfully and well. . 1/9/2006 Page 1 of2 Agenda Item No. 9C February 14, 2006 Page 14 of 17 'son s em: advisoryboards@colliergov.net Sent: Tuesday, January 03, 2006 10:44 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Cmonr,y Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)T74-3602 'Lt~'~'" . , ........ ~ '; . ."". .. ,." ."" " January 03, 2006 Application for Advisory Committees I Boards Name: Kenneth Kelly Home Phone: 239-354-2021 Home Address: 4260 16th ST NE 4 City: Naples Zip Code: 34120 Fax Number: 239-354-0324 Business Phone: 239-435-0014 Email Address:ken@kellyroofing.com Place of Employment: Kelly Roofing How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Affordable Housing Commission, &oilier County Code Enforcement Board Category: (if applicable) No information provided. ., 1/3/2006 Page 2 of 2 Agenda Item No. 9C February 14, 2006 Page 15 of 17 Do you currently hold public office? No . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Florida Roofing, Sheetmelal, and Air Conditioning Contractor's Assocation, Naples Area Chamber of Commerce, SI. Pactrick's Day Parade, 4th of July Parade, Swamp Buggy Parade Education: Barron Collier High School Edison Community College: Business Experience I Background: As a Collier County native, I have seen our town grow. I have been fortunate to grow with my surroundings and am looking for an oppurtunity to give back. . . l/3/2006 Page I of2 Agenda Ilem No. 9C February 14, 2006 Page 16 of 17 'Ison_s . . om: advisoryboards@colliergov.net Sent: Thursday, January 12, 2006 4:03 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~9m<..ty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) n4-3602 Fax: (239)774-3602 ,-">IJJ-~b~ ~~p~r January 12, 2006 Application for Advisory Committees I Boards Name:E:cl\\farcj,t\- Woodl Home Phone: 239-a77-6429! ----~---~~--:l Home Address: . 14,?Bennington Dr. #3! City:~~F>i~~ Zip Code: !3411W ;----------; Fax Number: .~l:) information provided..! Business Phone: p9~25-~24! -----.-.-----.--.----------.-.... Emall Address::konl:!development@msn.co~i Place of Employment: . WCI Communities, Inc.! , , -~'--'-'--------_._- How long have you lived in Collier County? 1-2 ye~rs. Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? No; Board I Committee Applied for: . Board od Building Adjustments and Appeals (or) County Code Enforcement Board t-. Category: (if applicable) No information provided.: -----------.--.----..-.- III 2/2006 Pa17e20f2 Agenda Ilem No. 9(; February 14, 2006 Page 17 of 17 Do you currently hold public office? No ( Do you now serve, or have you served on a No' Collier County board or committee? Please list your community activities: --------------,_._--~-----,---------_.._----- .-- Counselor in youth offenders program and substance abuse center for 2 years (Denver, CO) Habitat for Humanity (Denver, CO) Family church food drives and shelter volunteer Education: ______...._.______n_ _____.'___________...___ ___________. ____~__~~__.,__._ BA Economics, Michigan Sate Univ. MBA Costruction . Project Management, Colo. State Univ. and CTU Amer. Bar Assoc. Paralegal Certifications: Building Inspector; . Electrical Inspector; Plumbing Inspector: Mechanical .Inspector; Fire Inspector; Building Offical Legal and Management Module: (ICC) Sitting for FL Gen Contractors _Lic~~~~j~1-41Cl€>L .__n____~______..___._________. (- Experience I Background: . Gen..Co;;.iractor-Gene~aISuperintendent-Estimator Project: Man~il.~~_ .. "nn ____~___n. un... ._...__._______ ( 1/12/2006 EXECUTIVE SUMMARY Agenda Item No. 9D February 14, 2006 Page 1 of 10 APPOINTMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 9,2008, to the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjnstments and Appeals has one vacancy, with the term expiring on August 9, 2008. This five member board was eSlablished by Ord. 83-16 (amended by Ord. No. 91-57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91-102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in conslruction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Building Codes: Florida Building Code Building, Florida Building Code Residential, Florida Building Code Existing Buildings, National Electrical Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code and Florida Plumbing Code. The membership term is four years. The meelings are held quarterly, or on an as-needed basis. This is a Quasi Judicial Board. A list of the current membership is included in the backup. We currently have 2 vacancies, I representing General Contractor and 1 representing Plumbing Contractor. A press release was issued and resumes were received from the following interested citizen: DIST ELECTOR ADV. COMM. APPLICANT CATEGORY Edward A. Wood In Process of taking 211 part of General Contractor's Exam None COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the Counly Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 14, 2006 COLLIER COllNTY BOAR.D OF COUN'fY COMMJSSIONERS Item Number: '" IlemSummary: Meeting Date; AppointmerH of memt>er to the Board ot BUilding Adiustm~mlS and Appeais 2!1412006g0Q,DOAM Prt'parrd By Sue F;I~,," e".rdofCounly C"",n'i"'''ioners E..,cul;v.,Manag..tl<lIMBCC Dale BeCOt!;"e 2Ii!2(/o~ ~'ll,4t PM Approved By Jam""V.MlI<ld C"untvManaQer D~te BMrdoIC""nly C"'''mj5~i''n''''' C"",,ty Manaper" Office 1130120(16 ~,31 PM Agenda Item No. 9D February 14, 2006 RECEl\f~ 3 of 10 JAN 2 4 2006 Memo Board of COlm~ commissioners To: ~ From: Bill Hammond, Director Building Review and Pennitting Department Date: 1/23/2006 r Re: Board of Adjustments and Appeals Candidates I have reviewed the candidate applications submitted; in accordance with Collier County Land Development Code section 8.05.03, A., I forward the following; Edward A. Wood - the resume submitted does not contain infonnation detailing the candidate meets the qualifications for membership on the Board under any of the five occupations, per the code section noted above. However, under Collier County ordinance 2001-55, section five, paragraph C., the Board may wish to consider this candidate due to the education and experience noted. :i6-~ Cc: file Agenda Item No. 9D February 14, 2006 Page 4 of 10 Board of Building Adjusbnents and Appeals Name Work Phone Appt'd fup. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Bradley W. Schiffer 254-0285 11113/0 I 08109/05 4 Years 520 Sugar Pine Lane 254-0285 10/11105 08109109 4 Years Naples, FL 34108 E-Mail: Brad@taxis-usa.com District: 2 Category: Architect VACANT 05/13/02 08/09104 Naples, FL E-Mail: District: Lategory: Class "A" General Contractor Mr. Leo F. Rodgers 657-2700 07/29/03 08109104 1 Year 1101 Monroe Street 657-3601 11/16/04 08109108 4 Years Immokalee, FL 34142 E-Mail: ifdinsp30@earthliok.net District: 5 Category: Lt. Fire Inspector VACANT 08/09105 Naples, FL E-Mail: District: Category: Plumbing Contractor Mr. Kenneth R. Rech 403-2499 1II16/04 08109/08 4 Years 1491 25th Street, S.W. 455-1119 Naples, FL 34117 E-Mail: kenrech@swfla.rr.com District: 5 ClItegory: Licensed Engineer ./ ' Wednesday. October 12. 2005 Pagel 0/1 Agenda Item I~o. 9D February 14, 2006 Page 5 of 10 Board of Building Adjustments and Appeals Nome Work Phone Appt'd Exp. Dtlte Term Home PllOne DoteRe-nppt 2ndExpDate 2nd Term This five member board was established by Ord. 83 16 (amended by Ord. No. 91 57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91 102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in oonstruclion or aIleration of a structure. Membel ship consists of five members repreHntlng !he following pmfeMions: One lIlale licensed architect or structural engineer; one Class "A" general ..... .b...Au., one &late certified fire proIective equipment ......b........ or State Certified Fire Fighter with the rank of Ueutenant or hiill*' or Slate Certified Fire Safe\y In&peCtor with the rank of LIeutenant or higher; one lieel ,sed eIeclrk:al contractor; and one licensed plumbing or mechanical ""'tb....tu.. Members must be knowledgeable in the following Building Codes: Florida Building Code Building, Florida Building Code Residential, Florida Building Code Existing Buildings, National EtectricaI Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code and Florida Plumbing Code. The member$hip term is four years. The meetings SIe held quarterly, or on an as needed basis. This is a Quast Judicial Board. ...-,., FL STAT none Staff: Bill Hammond, Bldg Review & Permitting Director: 403-2442 r-r Wednesday. October 12. 1005 Page 2 of2 Licensing Portal - Search Results ~ [~.- ~"L.O~"~~ __ . ~~~..,.."., . Public Services Search for a Licensee Apply for a License View Application Status Apply to Retake Exam Find Exam Information Find a CE Course File a Complaint AB&T Delinquent Invoice & Activity List Search 'II: User Services Renew a License Change License Status Maintain Account Change My Address View Messages Change My PIN View Continuing Ed ~...A' ~ . Term Glossary ~ Online Help Page I of I Agenda Item No. 9D February 14, 2006 Page 6 of 10 .~ j !! 3 i "Si .." DBPR Home Online Services Home Help Site Map 08:43:54 AM 1130/2006 Search Results Please see our alossarv of terms for an explanation of the ficense status shown in these search results. Name License Status/ License Type Name Number/ Type Rank Expires Certified WOOD, Exam General Primary Eligible Contractor EDWARD A City NAPLES CBII\IlD .... I Terms of Use I I Privacy Statement I .... https:/ Iwww,myfloridalicense,comllicensing/wI12.jspjsessionid=FMDKIJJFCBCOkKj9f-zKC?fhash=a4... 1/30/2006 MEMORANDUM Agenda Item No. 9D February 14, 2006 Page 7 of 10 TO: Elections Office ~ Sue Filson, Executive Manager . Board of County Commissioners ' RECENED JAN 2 " 20116 DATE: January 23, 2006 FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Connnissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BD OF BLOG ADJ AND APPEALS COMMISSION DISTRICT Edward A Wood 142 Bennington Drive, #3 Naples,FL34104 JI'f~~6'(PS"3 A'ff( '3 Thank you for your help. MEMORANDUM Agenda Item No. 90 February 14, 2006 Page 8 of 10 DATE: January 23, 2006 TO: Bill Hammond, Building ReVl;j'ew andr P . ing Director Sue Filson, Executive Manager Board of County Commissio " FROM: RE: Board of Building Adjustments and Appeals As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received fur your review as fullows: Edward A. Wood 142 Bennington Drive, #3 Naples, FL 34104 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants requesting reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments page lof2 Agenda Item No. 90 February 14, 2006 Page 9 of 10 'Ison_s .tom: advisoryboards@colliergov.net Sent: Thursday, January 12,2006 4:03 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ C;:-ntJ' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .Lt~"\' .. . .~...\ . 'J . ....... '" ,,/ January 12, 2006 Application for Advisory Committees I Boards Name: Edward A. Wood Home Phone: 239-877-6429 Home Address: 142 Bennington Dr. #3 ) City: Naples Zip Code: 34104 Fax Number: No information provided. Business Phone: 239-425-7724 Email Address:konadevelopment@msn.com Place of Employment: wel Communities, Inc. How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? No Board I Committee Applied for: Board cd Building Adjustments and Appeals (or) County Code Enforcement Board At Category: (if applicable) No information provided. 1/12/2006 Page 2 of2 Agenda Item No. 9D February 14, 2006 Page 10 of 10 Do you currently hold public office? No . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Counselor in youth offenders program and substance abuse center for 2 years (Denver, CO) Habitat for Humanity (Denver, CO) Family church food drives and shelter volunteer Education: BA Economics, Michigan Sate Univ. MBA Costruction Project Management, Colo. State Univ. and CTU Amer. Bar Assoc. Paralegal Certifications: Building Inspector; Electrical Inspector; Plumbing Inspector: Mechanical Inspector; Fire Inspector; Building Officel Legal and Management Module: (ICC) Sitting for FL Gen Contractors License (2/14/06) . Experience / Background: Gen. Contractor General Superintendent Estimator Project Manager . 1112/2006 Agenda Item No. 9E February 14, 2006 Page 1 of4 EXECUTIVE SUMMARY DISCUSSION REGARDING COLLIER COUNTY ORDINANCE No. 1995-66, AS AMENDED, REGARDING THE COLLIER COUNTY PUBLIC VEHICLE FOR HIRE ORDINANCE TO CONSIDER PROVIDING DIRECTION TO CHANGE THE LANGUAGE REGARDING TRADE NAMES FOR COMPANIES (COMMISSIONER HENNING). OBJECTIVE: That the Board of County Commissioners discuss the possibility of a potential amendment of Ordinance No. 1995-66, as amended, to revise the Public Vehicle for Hire Ordinance language, codified Section 142-52, paragraph (6). .- CONSIDERATIONS: That the current language of the Public Vehicle for Hire Ordinance, codified Section 142-52, paragraph (6), defines that only businesses providing for-hire vehicles with taximeters may use the words "taxi" or "cab" or "taxicab" in their trade name. The language prohibits any other public vehicle for hire, e.g., charter services, limousines, vans, etc., from using the words "taxi" or "cab" or "taxicab" in their trade name. In an Executive Summary Agenda Item No. l7G of November 15, 2005, it was advised that the codified Section 142-52, paragraph 6 delete the following language "The preceding sentence shall not apply to certificated entities that have been grand-fathered prior to the effective date of this article by having been issued proper certificates without the need to comply with said requirements." This language prohibits any business with for-hire vehicles which are not taximetered to retain the aforementioned words in their trade names. FISCAL IMP ACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board review the current language outlining the guidelines of vehicle for hire trade names and determine if staff should revise the language described to determine if businesses providing solely non-taximetered vehicles for hire may use the words "taxi" or "cab" or "taxicab" in their trade name. PREPARED BY: DA TE:Ol/31/2006 M. Sam Tucker, Executive Aide to Bee ,.-. Agen0a Item No, 9f: Februmy14.2006 Pzga20f4 COLLIER C()llNTY EmARC Of COUNTY COMMISSIONERS IlllmNumlJer: lIernSumm~ry: " MelltingDale: OiR~UHion regarding the Collier County Ordirlance NO 1885-66, ll~ amended, regardmll the Collie! Coumy Public Vehicle lor Hire Ordirlance 10 consider pmviding direction 10 change the language r",yarding Irude nameS br COmplll1l!lS, (COmmi~bmner Hellnlrlg) ZI14i20069:00,OOAM P'.fparrdDJ Sam Tucker E"..cutj~" Aide It> the ace O~I.. Doa,dofC"ullty C"",missiollets aCCOffica 2J1iZoot4,n:.4.0I'M Approved By Sue Filson En,.:utiv..Mana{l(l,tuttteBCC D~I.. a"ard"rCouIlIY CDmmi~si"'''~'$ aCCOffi(;{j 2I2I200t 1:32 PM ApprovfdBy JamesV.Mudd CountyM"'''''lIe, D~l" S"ardorCQUllty Commls$iol"lfr$ COllntyManaOllr'&Ofhco 212120Hi:11PM ARTICLE II, TAXICABS AND CHARTER SERVICES Page 2 01'23 Agenda Item No. 9E February 14, 2 06 Page 3 f 4 Motor veh;cfe for hire means any motorized, self~propelJed vehicle engaged in the transportation of persons upon the streets on the county with the intent to receive compensation for providing such transportation and shall include, but not be limited to, the classifications: taxicab. and charter service vehicles, and non-emergency vehicles. Owner means any individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise owning a ten percent or greater interest in. an applicant for a certificate to operate and/or a vehicle for hire company. Piok.up means whenever a passenger/customer sits in a vehicle for hlre 10r the purpose of being transported for a fee- except successive picking-up of the same passenger du(ing a continuous trip when the passenger departs the vehicle for a short time and the vehicle afld driver wait at tl1at location and the passenger returns.and continues the trip. Public vehicle advisory committee (PVAC) means the five-member committee existing pursuant 10 this article, Public vehicle board means the board of county commissioners Scheduled means the transportalion of persons on pre-determined points of origIn, destination, or schedule of sellllee. Staff means employees of the code enforcement department who administer, enforce, regulate or interpret pro-vision of this article. Subcontracted vehicles means vehicles for hire not necessarily based in the county, that are leased to or operating under a subcontract with a company that has a Collier County occupational license and a certificate to operate from Collier County issued pursuant to this article Taxicab or cab or taxi means a motor vehicle, with at least four doors, equipped with a top light, designed to accommodate net mere than eight passengers, exclusive of the driver, operated for compensation at rates based upon the distance traveled and authorized by this. anicls, recorded and indicated by a taximeter in operation when the vehic5e is in u'se for transportation or any passenger or property, and the route or destination of which is controlled by the passenger O( the individual who hired the taxicab for that trip. Taximeter means any approved internally mounted device with records and indicates a rate or fare to be charg.ed to a passenger of a vehicle- for hire measured by distance trave~ed, waiting/standing time, and other items of charge. All taximeters must comply with the then most current edition of the National Institute of Standards and Technology, Handbook 44. Temporary vehicle permit means a temporary vehicle permit issued 10 a subcontracted vehicle {or a short term rented or leased vehicle for hire) that is not otherwise certified as a vehicle for hire in the county. V&hiCle for hire business means any individual or entity holding a Collier COUrlty certificate to operate and which holds permits for one or more vehicles for hire, under one or more categories of vehicles far hire, and either p(ovides ieased vehicles to ddvers to be used or operated as vehicles for hire or wh~ch operates a central dispatch for one or more vehicles for hire. Vehicle decal means a color-coded vehicle decal issued annuatly to the current certificate holder authorizing the holder to operate for hire the motor vehicle to which the vehicle decal is affi"xed. (Ord. No. 91-93,31; Ord. No. 93.14, 3 1, Ord No. 94.30, 31, 6-7-94; Ord. No. 95-<16, 31,11-14-95; Ord. No. 01-75,31,12-11-01) Cross references: Dennltions generally, S 1-2. Sec. 142-27. Applicability. The provisions of this article shall be applicable to and effective in aU now existing or future incorporated areas a-nd in all unincorporated areas .of the county, It sl"1allbe the duty of all county and municipal hap:/ /library 1 O.munioodc.comlg.meway .dIU 1/333J335?f.-1emplares$th=document-frame.htmS3 ,O$q=Public... 2/1/2006 ARTICLE 11. TAXICABS AJ\D CHARTER SERVICES Page 14 of23 Agenda Item No. 9E February 14, 2006 required prerequiSite to. applying for a full certificate provided slJch information relevant to thfage 4 of 4 application for a sub-certificate is then on file with staff and is correct and complete. No sub-certificate shall operate as a full certificate, nor add a vehicle to a certificate or otherwise perform a function that can be accomplished by amending the applica.nt's full certiflciil.e. A sub-certificate can be used to add one trade name to the applicant's full certificate. Sub-oertiflcatss are a courtesy to the certificate holder whereby all decisions by the PVAC to grant or deny iiI sub-certificate are final. Suspension or termination of a full certificate: shall automatically slJspend or terminate every sub-certificate issued under the respective full certificate unless expressly decided otherwise by the PVAC for Qood cause in the specific case. The PVAC may from time-to-time enact resolutions to adopt rules applicaole to sub- certificates provided no such rule conflicts with this article. Throughout this article, references to a "certificate" shall include .each rela'led "sub-certi'licate" unless that construction would lead to an absurd result. (Ord. No. 91-93, S 2; Ord. No. 95-66, S 1, 11.14-95: Ord, No 01.75, S 1, 12.11.01) See. 142.52. Application for certificate to operate. {a) An application for certificate snail be filed with tl'\e PVAC on forms provided by the county manager with a nonrefundable application fee for each csrtificate. The prescribed fee sha:ll be adopted by resotution of the board of coun.ty commissioners. The application form shall be verified under oa1h and shall furnish the following information: (1) If an individual, name and address of the applicant. (2) If a partnership, name and address of the appliC8r'it's bustness: names and addresses of aU partners. (3) If a corporation: the exact corporate name and business address of the applicant's corporation, name al"ld address of all directors and officers, articles of incorpora1ion and all amendments thereto along with a certified copy of the certificate of incorporatiorL (4) The r\ames and addresses of all persons or entities holding a ten percent or greater benefLciallnterest in the- applicant's bUSiness or company_ Failure to disclose such interest shall be grounds for the denJal of the application of any applicant or revocation of an~ certificate. (5) Business telephone number arrel, if applicable, e-mail address. (6) The trade name under which the business will operate, The trade name under which the applicant intends to do business shall not be deceptively similar to the trade name of any other then current certificate holder or sub-certificate holder. Approval of the use of a trade name does not imply the use of said trade name is otherwise legally authorized_ A separate certificate Or 5ub-certificate is required for each trade name or fictitious name. No certificate or 6ub~ certificate shall be issued to any business that has "taxi" or "cab" or "taxicab" in its name unless it will immediately bEl providing taxi services in the county. The preceding sentence shall not apply to certificated entities that haY'e been grand-fathered prior to the effective date of this article by having been issued proper certificates without the need to eomply with said requirement. Each such grand-fathered entity must comply with this requirement to be e~igible to be issued its certificate for 2004, or prerequisite to transfer its certificate, or permit prior to that time. Each person or entity planning to operate under s fictitious name shall attach to the application a notarized oopy of the newspaper notice published in accordance With Section 865.09, Florida Statutes. m Tn.e name, color scheme, Bfld monogram or insignia to be used to designate the taxi or taxicabs of the applicant, An applicant for taxicab certification shall also submit a colored sketch and/or photograph of the vehicle color scheme, lettering, monogram andior insignia A colored !ketch and/or photograph of the monograph of the monogram or insignia, lettering size with the color scheme of the lettering, vehicle color scneme, and tap light design which shall conform to regulations issued by this article. The color scheme and monogram or insignia shaH be unique hnp:/llibrary t O.mumcode.com/gateway .dll/! 1333/33 5?f=tcmplates$fn~d""LUnen[-frame.htmS3 .O$q~Public... 211/2006 Agenda Item No. 9F February 14, 2006 Page 1 012 EXECUTIVE SUMMARY DISCUSSION TO APPROVE A CONCEPTUAL PLAN TO ACQUIRE, IN FEE-SIMPLE OR REDUCED PRICE, CURRENT GOVERNMENT-OWNED LANDS FOR EARTH MINING AND/OR AFFORDABLE HOUSING (COMMISSIONER HENNING). OBJECTIVE: Due to the ever-increasing price of road materials and the price of land for Affordable Housing, we need to explore all real estate options now to alleviate the future tax burden on the taxpayers of Collier County. CONSIDERATIONS: Eighty percent of land in Collier County is owned by either federal, state, or local government agencies. Some of this land includes old farmlands and other appropriate lands for our local needs. These lands should be considered as an avenue to help mitigate our need for housing our workforce and reducing the rising cost of road building. I believe our housing needs and fill material are at crisis levels; we must become pro-active in solving these problems. As time passes, raw land is not getting cheaper and some lands may not be cost feasible due to lack of existing infrastructure. Any potential government lands that may be availabie will come back to the Board for consideration. FISCAL IMP ACT: The examination of potential government land can be done with existing staff. However the eventual purchase of govcrnment land will have a fiscal impact. GROWTH MANAGEMENT IMPACT: This endeavor could have a positive growth management impact. RECOMMENDA TION: Authorize Commissioner Henning to work with the County Manager to have staff identify suitable potential County, State and Federal lands and determine the feasibility of future acquisition for affordable housing and/or fill material sites. PREPARED BY: DA TE: 02/01/2006 Commissioner Tom Henning - A,)8l'1da IteM No. 9F Fcbru"ry14_2D1I6 P8g€2of2 COLLIER COUNTY BOARD OF COUNT( COMMISSIONER.S Item Number: Item Summary: " Meeting Date: Dis<:~ss;ontoappro"eacanceptuaipianIOac'luire, in fee-simple armduced price. c\lrTent gO'lllrnment.Qwnedland&fOrearthrl1<ningandforafloroablenOU&ing (Com<nissioner Honning) 2i1M200119;OOOOAM Prepared By Sam Tu<;:ke, E~e~lJ\jv"A;d"toth" BCe ""', a.....do/Collnty C"mlT",,,,ioners. BCCOftice zmI200611:10:5tlAM Approved By S<leFllson Es.e"utiveMa"ag'!fto/he8CC ""', anndofCull"t~ Comnllssi'me.s. BCCOfhce 218120llG1Z:00f'M App,.oved By James V. Mudd C<'>lInlyManager ""'. Bon<lotColln\~ ComlTlIssinners. COllntyM""llller'~ Office 2/81200612:S1PM Agenda Item No. 10A February 14, 2006 Page 1 of 21 EXECUTIVE SUMMARY Recommendation for the approval of the third Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for the third Conservation Collier Active Acquisition List (AAL) and further, to obtain direction for the County Manager or his designee to actively pursue projects in the A-category of the AAL. CONSIDERATION: On December 3, 2002, the Board of County Commissioners approved Ordinance 2002-63, which implements the Conservation Collicr Land Acquisition Program. Section I I of the Ordinance provides for the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to recommend qualified acquisition proposals for the AAL to the Board of County Commissioners for approval. On December 12,2005 and again on January 17,2006, the CCLAAC selected qualified acquisition proposals for inclusion on the attached AAL. - The proposed AAL has been separated into three (3) categories, A, Band C (Table 1.). The A- category includes those properties the CCLAAC recommends the County Manager or his designee to actively pursue. The A-category properties are also further prioritized as to which properties should be pursued first. The B-category includes those properties that the CCLAAC does not recommend active pursuit of during the current acquisition cycle, but will retain and automatically re-rank in the next acquisition cycle. The C-category properties are those that the CCLAAC does not recommend active pursuit of and will not automatically be re-ranked in the next cycle, but which the owner may resubmit for consideration in a subsequent cycle. Figure I shows the location of all proposed Cycle 3 properties. The process for evaluation by the CCLAAC began with a staff preparation and presentation of property reports, called Initial Criteria Screening Reports (ISCR). Included in each ISCR was a scoring matrix developed by staff, based on researched and observed data. The CCLAAC then reviewed these reports and utilized the score as a tool along with public input and other intangible criteria related to their individual expertise, to evaluate and rank the properties. Property Summary Sheets, summarizing report data and explaining how properties met Program criteria, are provided as backup to the agenda item. A notebook with full I SCRs is provided in hard copy to the Commissioners and to the public for viewing in the Environmental Services Department at 2800 North Horseshoe Drive, Naples. Both Summary Sheets and ISCRs are posted on the Conservation Collier website at: http://www.colliergov.netlnatresources/conservationcollier/PublicDocuments.htm. ./""'" The ranking recommendation for the Caribbean Gardens/Fleischmann Parcel #2 property is conditional. If the parcel is to be used strictly for conservation purposes and would contain only a road easement to access Parcel #13, the CCLAAC is recommending inclusion in the A- category. If there are stormwater and utility projects planned for the site, the CCLAAC has recommended placement in the C-category. Agenda Item No. 10A February 14, 2006 Page 2 of 21 Upon the BCC's approval of the AAL, staff will begin the process of acquiring the A-category properties. After confirming continued property owner willingness to sell, staff will order appraisals, title research, and perform other due diligence items. The Conservation Collier ordinance requires contracts to be presented to both the CCLAAC and BCC for approval prior to purchase. FISCAL IMPACT: The costs of the properties recommended to be added to the proposed A- category list are estimated at approximately $1] ,055,500, assuming the $4,700,000 property estimate for the Caribbean Gardens/Fleischmann Parcel #2 is included in the A-category. Otherwise costs for A-properties are estimated at $6,355,500. Each contract will be brought back to the BCC when completed. Any necessary Budget Amendments for property acquisition will be identified at the time of BCC approval of each property. Approval of the attached AAL and direction to actively pursue the Cycle 2 recommended A- category projects will require the Conservation Collier program to expend funds for various acquisition costs including appraisals, title commitments, interoffice billing for Real Estate Services staff time and, potentially, phase I environmental audits, standard surveys and uplandlwetland surveys. The total cost for these activities, including the Caribbean Gardens/Fleischmann parcel #2, is estimated at $169,000. The adopted FY06 Budget provides sufficient funds to accommodate these expected costs. The BCC has previously approved a total of approximately $63,276,] 33 worth of land purchases during Cycles One and Two. This includes estimates for total costs for multi-parcel projects estimated over 5 years and parcels that either do not have approved contracts yet or which still have not passed the appraisal stage. The addition of $11,055,500 for the Cycle 3 properties being recommended for the BCC's current action will result in a total cumulative authorization of approximately $74,331,633 in property value. If the Caribbean Gardens/Fleischmann Parcel #2 is removed and the remainder of the A-category properties approved, the cumulative total will be $69,631,633. This will leave Conservation Collier with approximately $500,000 or $5,368,000, respectively, remaining out of the total authorized amount of $75,000,000. Funds have already been budgeted for the Cycle 3 approved properties and current capital land acquisition funds are sufficient to purchase all recommended A-category Cycle 3 properties. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.l(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in Section II, provides a legal framework for development of the Active Acquisition List. Recommendation of an Active Acquisition List by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board approve the attached AAL and direct the County Manager or his designee to actively pursue acquisition of those properties listed within the A- category, with the stipulation that the acquisition of the Caribbean Gardens/Fleischmann Parcel #2 excludes future storm water and utility projects. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program 2 Agenda Item No. 10A February 14, 2006 Table 1. Recommended Active Acquisition List including purchased and approved Page 3 of 21 properties PriOl'jty (A) Appraised Designation Value Maximum Proposed for "A" Total (E) Estimated valuepe Ust Category Name Size (ac) Score Value Value '" Catcl'ory Pronerties ..C .......i..' ............XX.X... .,..'...,....x,. ,iiii.'.'. ..:".'.X.'::' ....,...........H.H IAmericas Business Park" 77.31 378 A $21,200,050 '174121 A I - Erickson'" 3.03 263 .4 5767,000 $253,135 A I Giollet" 1.77 297 A $1,347,500 S76J,299 A I Malt.. 83.1 377 A $4,750,000 H7,091 A I Talon Land Group L TD 80 328 E $2,000,000 $25,000 A I Visllicll* 1.64 326 A $476,200 $130,824 A 2 NGGE Lnit 53 285 296 E $14,500,000 $50,877 A 2 Fleischmann-13acres 13 189 E $2,000.000 $153,846 A NiA lScllool Board Section 24* 65 266 A $2,112,500 $32,500 A I Watkins/JolJes. 26.77 262 A $2,160,000 $80,687 A I Winchester Head 141 261 E $9,165,000 $65.000 A I Mellltosh Trl/st. 6.34 $711,983 Slll,lOn A I Collier Develonment Comoration 48.93 224 A $V185.900 $42.630 A I Total 835.0 $63,276,133 uLE:' ......""." .. .'....:u.,.....L....E.LL.."L:LE,"u .:':."..U. ,L."..,..,..."niE,L'. ,::':LL Brochu 9.26 201 E $204.000 $22.030 A Caribbean Gardens/Fleischmann narcel #2 68.12 225 E 4,700,000 $68.996 A Milano 18.46 199 E 4.969,500 $269,204 A Peters (Easement) 5 242 E 82,000 $](i.400 A Schutt 28,7 266 E UOO,OOO $38,328 A Total 129.54 $lt,055,5001 ....... ......~,j"'l"'''l..''..;''.,.L"..,~..,...."W;;~......'H''.u."mn...., .:L" .: un...L"...... ,..,:u.u"n. R,etol1ll1le~,de~,B 8l.C,'lJr:opertics,for<.)cle} , .1 I J "'.:.L J J, ......... \,"" .. ..... . \40769 Abercia II 214 E B l3Iake-4.77-acres 4.77 153 E $12,960 $2,717 B Campbell -with separation of2 TDRs 4.77 180 E I $86,000 $18,029 B Camp Keais Strand 194.77 219 E S278,100 $1.428 B NarsifT-2 2L88 192 E $420,000 $19,196 B Total 239.19 $1,327,060 I Anderson 9.09 178 E $19LOOO $21.012 C Haa'a 2.5 174 E $190.000 $76.000 C Lonpner 18.75 171 E $1.186.875 $63,300 C NarsifT-I 5 167 E $110,000 $22,000 C Snow j 135 E $90,000 $18,000 C TIG Corporation 6.43 185 E $868.000 $134,992 C '0iojtys. Randall 5 137 E $90,000 $18.000 C \\'ojtus.Richard 5 164 E $90,000 $18.000 C Tlltal ~6.77 $2.815,875 * B(Jlded and italici:.ed properties !lave beell acquired, 3 Figure 1. Location of Cycle 3 Properties Conservation Collier Cycle 3 Properties Campbell > Milano --;;=;, . " - '.I) .J ..J '-':. Caribbean Gardens Fleisc"hmann -: -, - u:: Parcel #2 ,.:0. 1Gw90rp. .J,rE: "'-"',-..- ',' <( :RADIQRD " ~ oc " I o , Narsiff-1 Anderson:... ' ," . . Peters" ",Wo t s-Snow Blake' Brochu Narsiff~2 GOLDEN GATE BLVD ~ w a ~ <3 w > w ;Abercia . 2 I 4 , I ~ -~~lo--I 8 Miles r com~r County --.. ,-,- -, 4 Agenda Item NO.1 OA February 14, 2006 Page 4 of 21 OILWELLRD Camp Keais Strand Parcels . ." .' " 175 Item Number: Item Summary: Meeting Date: Agenda item No 10A FebrLJmy 14. 2D06 Page5of21 COLLIER COIINTY SOARD OF COlH-HY COMMISSIONERS "^ Rlltommendation lor the approval of the thirtl ':;onsarvation Collier ActivlI AcquisitIOn Lisi and direr.:iion forlheCoullty Manager or his designee to actively pu!'Sue P'<J)lIctsrec{lmmended w:lhin the r,.Category (Joseph K. Scl1mill, Cammunily Develapm"'"t and Envirollme(al Service~ Acminlst:mor) 2i14/20C690Q,OOA,M S..niorEJl~in>nmenUlISpl'ci"lig.t ". Prepared By AI"~a"dra J. Suleck; CommllnilyP"vejopment& Envif(Jnm'H'lIa!S~rvi{:.8$ ErwirOl1m"ntaISl!rvkl!S 1i26i20064:41:12PM Approved By EnvlrQl1m..rrtal S"....k.." Di....ctor Datij WiHilImD_Lorel1z.JL,r.E Cmnm""jtyD"~elo,,n..."l& Environrn"ntatS"rvi{:'8$ Envirol1ll1entalSllrvice.. 1126121106S,3,PM Approved By ,.w C<>ns.tlnc" A. John$<ln Of'yrlrti"nsA,.,a!y~t C<>".,"...,lty OIIvelopn.efl1 &. Commu!1rty OeII.,lo!>I1l4Jnt *' Env.r<lJO,,,,,ntaIS..rvk..,, El1vhmll1..ntolS<tl'li"""Adm.n, 113012GOli 9:24 AM Approved By Charl<lsE.Carrinllton,Jr.. ''''''' Adm;l'Iistrli""..S..rv;ee" Real Estate Sn....'ees M.I1.!;Jllr Dafll Fadlit,<!.sMa""'\l"ment 1I3tli2(10l> 9:41AM 0.. Approved By Sandr" L>>Il Exe~uti"" S<leret-dr)/ C"",m,,n.ly OIIV<!lopnM!nt & Communrty [klv..lopm<!nt &. El1vl'OllmentaIS"rvl".." Environm..ntul S"rvi{:."" Admil1. 113/J12110!i1C:1fiAM Appl"llv..d By Chi"IAs.s,st.<mt C'nUlIy Atlorn"y ". Mict"...IPettit COllnlyAltortlf!y Co"ntyAtt<>","yOtfie& 11311Z!1069:Z5AM Approved By ,~ JOCl.el'hK.Schmjlt Cnm,"uflityOllvt!topnwnt& Env;r<lm~ntaIS"rv;<:"s C",nmunity!l..velopm&nt& Erwironmentll S-ervicu Adminslnlt<>r C"mmunllyD<tv..I"pmentll, Environm&l1li1ISe",i{:.owAd",in. 1I31111l!1tlll:1GrM Appl"/lv..d By Admin""tra{jwjl,ssi~t"nt ". OM8Cl>ordll111lor C0l1nl.ylhnaqlllr'$O!iic8 OffiUJl)fManaQ~melll& Bl1d9"t lnll2ll1161:38PM 8ull~f!t AMly~t DOl., Approved By Mar1<lnck"ufI C<>ulltyMa"nger'sOfti"" Ofnc" 01 M"""Il"lI'IMI I> aud\l~'i 1131/2110& 2:59 PM Approved By Manag",mmt& S"'lll..t Direcfor Om Mlch""ISrnyk<>w&ki Cn"I'JtyManager'sQff;Cl! OH;~ofM..nag.,"."nta.Bul!l91111 1/31120!163,17PM County Mal1ager "',. ApP"llved By J..mesV.Mudd B"ard"tC<>unty Ccmmh~klOer$ CauntvMal1li1g..(sOffr".. 11!112COll 5:59 PM CCLAAC Recommends B-List Conservation Collier Property Summary InN 1(\A, t-ebruary 14, 2006 J8iJOilfyJ!BIl6 Parcel Name: Abercia Target Protection Area: Urban Acreage: 9.15 acres Estimated Market Value: $ Undetermined due to uncertainty about location of PUD preserve Highlights: . Located: At the intersection of c.R. 951 and Magnolia Pond Dr. in the Golden Gate Commerce pun, next to Noah's Landing 834, T49, R26 . Met 4 out of 6 Initial Screening Criteria: Native habitat-yes; human social values-yes; water resource values-yes; biodiversity-yes; connectivity-no; within another Agency project boundary-no . Habitat: pine flatwood and upland scrub . Listed species: Gopher tortoise; Butterfly orchid . 'Vater Resource Values: 75% lJpland soil type, 25% slough soils, though canal has served to drain land; moderate Tamiami aquifer recharge, high surficial aquifer recharge . Restoration needs: Exotics removal . Connectivity: Connected to easement along canal where green way planned, no ecological connectivity . Utilitiesrrransportation Interest? Utilities-Yesj Transportation-\7es . Access: Paved public road (Magnolia Pond Dr.) along south side of property . TDRs associated: None . Management Issues: Exotic removal; manage for listed species . Estimated needs and costs- Exotics removal, parking, trail & sign, $46,600+ . Road easement and surface water management ponds for surrounding existing and planned development exist as problematic issues. . Scoring: 213 out of 400 Surrounding land uses: . North: Canal and Estates residential . East: Commercial portion of PUD, c.R. 951, developing PUD (Citygate) . South: Undeveloped PUD, 1-75 . 'Vest: Undeveloped PlID, 2 schools, residential S..,....d.,y CHlon. ColeQothtS . I ... .. OIl. ~tO~~ 1 A February 14, 2006 JiiMlTy~"06 Parcel Name: Anderson Cycle 3 - Conservation Collier Property Summary Acreage: 9.09 acres (2 parcels) CCLAAC Recommends - C-List Target Protection Area: nJa (RFMUD-Neutral) Estimated Market Value: $191,000 Highlights: . Located: Rural Fringe Neutral Lands, north of Immokalee Road in Big Corkscrew Island 823, T47, R27 . Met 4 out of6 Initial Screening Criteria: Native habitat-yes; human social values-marginal; water resource values-marginal; biodiversity-no; connectivity-marginal; within another Agency project boundary-no . Habitat: Re-growth pine flatwood with bisecting ditch . Listed species: No listed animal or plant species observed . Water Resource Values: Upland soil type, some wetland plants along ditch, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Fill in ditch, remove exotics . Connectivity: Adjacent properties cleared and developed but an intact ecological link exists to Corkscrew Swamp Sanctuary (located just under 1 mile to the west) . Utilities/Transportation Interest? Utilities- Y eSj Transportation-_ . Access: Paved public road (Sanctuary Rd.) along east side of property, unpaved private road (Purple Martin Dr.) along north . TDRs associated: None . Management Issues: Minimal exotics, filling in ditch . Estimated needs and costs- Exotics removal, parking, fencing, trail, sign, rest room & kiosk $194,925+ . Scoring: 178 out of 400 Surrounding land uses: . North: Private unpaved road (Purple Martin Dr.); undeveloped and developed rural residential and agriculture . East: Public paved road (Sanctuary Dr.)j developed rural residential and agriculture . South: Rural residential, agriculture, Immokalee Rd. . West: developed rural residential, private bird sanctuary and Corkscrew Swamp Sanctuary 2 Conservation Collier Anderson Aerial Map .. CCLAAC Recommends - B List A n !t m 1 A February 14, 2Q06 JliWo.~OO5 Conservation Collier Property Summary Acreage: 4.77 acres Parcel Name: Blake Target Protection Area: nla (RFMUD-Neutral) Estimated Market Value: $81,000 Highlights: . Located: Rural Fringe Neutral Lands, one parcel east of Corkscrew Swamp Sanctuary S27, T47, R27 . Met 4 out of 6 Initial Screening Criteria: Native habitat-marginal; human social values-no; water resource values-yesj biodiversit}'-marginal; connectivity-yes; within another Agency project boundary-no . Habitat: Exotic wetland hardwoods . Listed species: No listed animal or plant species observed, bobcats seen by neighbor, high potential diversity score . Water Resource Values: Half wetland & half upland soils, moderate Tamiami aquifer recharge, high surficial aquifer recharge . Restoration needs: remove exotics, grade furrows (is old Ag land), replant . Connectivity: One parcel between this and Corkscrew Swamp Sanctuary . Utilities/Transportation Interest? Utilities-Yes; Transportation-No . Access: Unpaved private road (Platt Rd.) accesses SE corner . TDRs associated: None . Management Issues: Heavy exotics, extensive restoration . Estimated needs and costs- Exotics removal, parking, trail, sign $48,600+ . Scoring: 153 out of 400 Surrounding land uses: . North: Undeveloped and developed rural residential . East: Undeveloped and developed rural residential, Immokalee Rd. . South: Developed rural residential, agriculture . West: Corkscrew Swamp Sanctuary 3 Conservation Collier Blake. 5 acres Aerial Map " .J "I I CCLAAC Recommends - A-List Cycle 3 - Conservation Collier Property Summary Parcel Name: Brochu Target Protection Area: n/a (RFMUD~Neutral) Estimated Market Value: $204,000 Highlights: . Located: Rural Fringe Neutral Lands, along Immokalee Road in Big Corkscrew Island S23, T47, R27 . Met 4 out of6 Initial Screening Criteria: Native habitat-yes; human social values-yesj water resource values-yes; biodiversity-yes; connectivity-marginalj within another Agency project boundary-no . Habitat: pine t1atwood and freshwater marsh, not previously cleared . Listed species: 2 listed bromeliads; within priority 2 panther habitat; potential habitat for wading birds . Water Resource Values: Upland and wetland soil types, wetlands on site, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Remove exotics . Connectivity: Adjacent properties cleared and developed but an intact ecological link exists to Corkscrew Swamp Sanctuary Uust over 1 mile to west) . UtilitieslTransportation Interest? Utilities-Yes; Transportation-Immokalee Rd will be widened but likelihood is that expansion will be on south side . Access: Public access from south (Irnmokalee Rd) over drainage canal and along north side of property, from private unpaved Rd. (Limpkin Rd.) . TORs associated: None . Management Issues: Minimal exotics, some dumping . Estimated needs and costs- Exotics removal, parking, fencing, trail, sign, table and bench, rest room & kiosk $200,475+ . Scoring: 200 out of 400 I A February 14, 2006 JiiligDFYJ2G06 Acreage: 9.26 acres (2 parcels) Conservation Collier Brochu Aerial Map Surrounding land uses: . North: Road (Limpkin Rd.), developed and undeveloped rural residential and agriculture . East: Developed and undeveloped rural residential and agriculture . South: Road (Immokalee Rd.), developed and undeveloped rural residential and agriculture . West: Developed and undeveloped rural residential and agriculture & Corkscrew Swamp Sanctuary 4 CCLAAC Recommends - B-List Conservation Collier Property Summary Parcel Name: Camp Kea;s Strand Target Protection Area: FSA/HSA Estimated Market Value: $338,100 ($1,500 - $2,000 per acre) February 14, 2006 Jliw6a~(J(l6 Acreage: 194.77 acres Hole, Montes is looking into buying parcels, separating stewardship credits and donating underlying land to the State of Florida. The state does not have interest in buying them despite project status (Florida Forever A-list). Highlights: . Located: Rural Lands Flow-way Stewardship and Habitat Stewardship areas, S31 Co"..rvatlon ColPorC_p K..... Aon.l Mop &32, T48, R29 . Met 5 out of6 Initial Screening Criteria: Native habitat-yes; human social values-no; water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-yes (Florida Forever & SF\VMD) . Habitat: Cypress, freshwater marsh, pine f1atwood . Listed species: bird rookery observed and documented. listed wading birds and alligators likely . Water Resource Values: depressional and slough soils. minimal upland soils, wetlands onsite, low Tamiami aquifer recharge. moderate to surficial aquifer recharge . Restoration needs: none . Connectivity: Within identified flow-way and habitat stewardship areas, approx. 3 miles north of and ecologically connected to Florida Panther National \\t'ildlife Refuge . Utilities/Transportation Interest? Utilities-No; Transportation-No . Access: none at present . TDRs associated: Stewardship Credits, estimated 405 total available . Management Issues: none . Estimated needs and costs- No estimated needs until well into the future . Scoring: 219 out of 400 1<.....V.....oIAo_ Surrounding land uses: . North: Agricultural operations and undeveloped wetlands . East: Agricultural operations and undeveloped wetlands . South: Agricultural operations, undeveloped wetlands and Florida Panther National \\'ildlife Refuge o 'Vest: Agricultural operations and undeveloped wetlands 5 " CCLAAC Recommends - B List Conditioned on separation of 2 TORs Conservation Collier Property Summary February 14, 2006 .rliWO,,~G06 Parcel Name: Campbell Target Protection Area: Sending Acreage: 4.77 Estimated Market Value: $86,000 - value before removal ofTDRs Highlights: . Located: Rural Fringe Sending Lands/NRPA north of Heritage Bay PUD, S11, T 48, R26 . Met 4 out of 6 Initial Screening Criteria: Native habitat-yes; human social values- nOj water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-no . Habitat: Cypress & cypress-pine-cabbage palm . Listed species: Listed bromeliads obsvd, within Priority-l panther habitat, potential for listed wading birds . Water Resource Values: Seasonal wetland, wetland soils, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Remove exotics . Connectivity: surrounded by developer mitigation lands and ecologically connected to Corkscrew wetland system . UtilitieslTransportation Interest? Utilities-Noj Transportation-No . Access: legal access (un-cleared easements) but no physical access . TORs associated: 1 with potential for total of 4. Value of TORs-$25,OOO-$50,OOO - Owner is willing to Sf'\'er I and would appl)' for earl)' entry honus of I for a total of2, but would not be interested in de\'eloping a mana~emcnt plan or conve)'ance to a public entity. . Management Issues: could partner with developers for exotic removal . Estimated needs and costs: Exotics removal, parking, trail, sign: $16,500 plus cost for developing access . Scoring: 180 out of 400 Surrounding land uses: . North: vacant Ag-zoned Rural Fringe "sending" lands, conservation lands . East: vacant Ag-zoned Rural Fringe "sending" lands, conservation lands, Corkscrew wetlands system . South: vacant Ag-zoned Rural Fringe "sending" lands, conservation lands, Heritage Bay pun . West: vacant Ag-zoned Rural Fringe "sending" lands, coming large PUO-Parklands 6 ConsDr..-.tion Collier C.mpboll Aortal Map Recommended A List - if conservation use only Conservation Collier Property Summary Recom mended C List - if storm water or ASR projects February 14, 2006 JliW6~906 Parcel Name: Fleischnwnn Parcel #2 Target Protection Area: Urban Estimated Market Value: $4.700,000 Highlights: . Located: S side of Golden Gate Pkwy, on the E side of the Gordon River, 527, T49, R25 . Met 5 out of6 Initial Screening Criteria: Native habitat-yes; human social values~yes; water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-no . Habitat: Pine flatwood, mixed wetland forest and mangro\'e swamp . Listed species: Listed bromeliads and orchid obsvd, potential wildlife species include alligators and listed wading birds . Water Resource Values: Wetlands onsite; 75% wetland and 25% upland soils, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Extensive exotic plant removal . Connectivity: Across GG Pkwy from Estuary Preserve and County preserve; adjacent to Conservation Collier lands in purchase process and, through Gordon River Greenway conceptual plans, to preserve areas south along the Gordon River; ST zoning overlay over mangrove portion . Utilities/Transportation-Storm water Interest? LJtilities-yes-ASR wells; Transportation-yes, storm water management and water quality filtering . Access: No current vehicle access. Sale of <tdjoining propcrt). at SE ("orner will include a 60' non-exclusive access easement over thi:"i parcel. . TDRs associated: None . Management Issues: Exotics management, providing appropriate public access . Estimated needs and costs- Exotics removal, fencing, traiUboardwalk, signs: $3 Million + . Scoring: 225 out of 400 Surrounding land uses: . North: Public and private conservation land across Golden Gate Parkway . East: Bears Paw Community . South: residential, airport. marina, water treatment plant, conservation . West: Caribbean Gardens Zoo, commercial and residential 7 Acreage: 68.12 acres Conservation Collier Fleischmann. Gordon River Aerial Map i I....,,,,,,,,,,, c..,.~.: c...goiIa '. CCLAAC Recommends - C List Conservation Collier Property Summary Parcel Name: Haaga (pronounced Ha)'ga) Target Protection Area: Urban Estimated Market Value: $190,000 A February 14, 2006 JIlwu,;1"Y1!OO6 Acreage: 2.5 acres Highlights: . Located: West ofI-75, east ofTiburon Golf Course, north of Vanderbilt Dr., 831, T48, R26 . Met 4 out of6 Initial Screening Criteria: Native habitat-yesj human social values-no; water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-no . Habitat: Hydric pine flatwood . Listed species: Listed bromeliads, listed wading birds likely . Water Resource Values: Wetland soil type, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: remove exotics along southern edge . Connectivity: Adjacent to Tiburon preserve . Utilities/Transportation Interest? lltilities-No; Transportation-No . Access: No legal or physical access . TORs associated: None . Management Issues: Minimal exotics, no access . Estimated needs and costs- Exotics removal, trail, sign (no ADA), $5,000+ . Scoring: 174 out of 400 Surrounding land uses: . North: Tiburon preserve, future residential, County regional park . East: Wilshire Lakes residential and ]-75 . South: Tiburon golf course, Vanderbilt Drive, residential . West: Tiburon preserve, golf course, residential and Livingston Rd. 8 CCLAAC Recommends - C List Conservation Collier Property Summary Parcel Name: Longner Target Protection Area: Urban Estimated Market Value: $1,186,875 Note: Property is currently under contract. Highlights: . Located: West of 1-75, east ofTiburon Golf Course, north of Vanderbilt Dr., S31, T 48, R26 . Met 4 out of61nitial Screening Criteria: Native habitat-yes; human social values- nOj water resource values-yesj biodiversity-yes; connectivity-yes; within another Agency project boundary-no . Habitat: Hydric pine flatwoods . Listed species: listed bromeliads and orchid seen; none observed. potential for black bear, wood storks and indigo snakes . Water Resource Values: low Tamiami aquifer recharge, high surficial aquifer recharge . Restoration needs: Exotics removal; maybe low berm removal . Connectivity: Adjacent to \\'ilshire Lakes and Tiburon preserve areas . Utilities/Transportation Interest? Utilities-No; Transportation-No . Access: No legal or physical access . TDRs associated: None . Management Issues: Exotic removal, no access . Estimated needs and costs: Exotics control, parking, trails, sign - $75,475 . Scoring: 172 out of 400 Surrounding land uses: . North: residential and County Regional Park . East: Wilshire Lakes residential development and 1-75 . South: Tiburon golf course, Vanderbilt Dr. and residential . West: Tiburon golf course, Livingston Road, residential ~-_. 0<1-.. 1-- 9 Acreage: 18.75 acres February 14, 2006 JliwIla1t'yc2006 Conservation Collier Longn.r A.rtBI MBp V.....'.bl~1y "'.oogom... I ..I . ~'lB;ory&ooro". Note: Areas highlighted in green are designated as conservation .. CCLAAC Recommends - A List Conservation Collier Property Summary 1 February 14, 2006 JlMo""Y'!906 Parcel Name: Milano Target Protection Area: Urban Estimated Market Value: $4,969,500 Acreage: 2 parcels -19.46 acres Mirasol flow way V.S. Arm)' Corps permit denied. Highlights: . Located: Along Immokalee Rd across from Gulf Coast High, 821, T48, R26 . Met 5 out of61nitial Screening Criteria: Native habitat-yes; human social values-yes; water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-no . Habitat: Pine flatwood, cypress and wetland mixed forest . Listed species: Listed bromeliads obsvd, potential species include wood storks and big cypress fox squirrel . Water Resource Values: Wetlands onsite; 75% wetland and 25%) upland soils, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Exotics and debris removal . Connectivity: adjacent to Olde Cypress preserve and potentially to larger preserve areas with development ofPUDs Mirasol, Terafina and Parklands . Utilities/Transportation Interest? Utilities-yes; Transportation-no . Access: No vehicle access. Adjacent commercial proper1)' owner contacted about willingness to allow parking; however zoning rules re parking spaces appear to prohibit this. Realtor advises clients have priced cost of hridge at approx. $1 million. Owner of storage business willing to partner with Count)' to facilitate access. TORs associated: None . Management Issues: Exotics management, dumping, existing trails . Estimated needs and costs- Exotics and debris removal, parking, fencing, trail, signs: $96,450 . Scoring: 198 out of 400 Surrounding land uses: . North: Olde Cypress PUD preserve . East: Fairway Preserve Apts. . South: Immokalee Road . West: Preserve and commercial portions of Olde Cypress PUD ]0 CCLAAC Recommends - C-List Conservation Collier Property Summary I 1 A February 14,2006 .fiiwfl~1I06 Parcel Name: Narsiff-I Target Protection Area: ,,/a (RFMUD-Neutral) Estimated Market Value: $110,000 Acreage: 5 acres Highlights: . Located: Big corkscrew Island north oflmmokalee Road, 524, T47S, R27E . Met 5 out of6 Initial Screening Criteria: Native habitat-Yes; human social values- Yes, marginal; water resource values-Yes; biodiversity-Yes j connectivity- Yes, marginal j within another Agency project boundary- No . Habitat: Pine Flatwood and Pine, Mesic Oak Listed species: Gopher tortoise, no listed plant species observed. Potential listed species: alligator, panther, black bear, wood stork, wading birds . Water Resource Values: low Tamiami aquifer recharge-Low; moderate surficial aquifer recharge . Restoration needs: Trash removal, fillin or bridge ditch . Connectivity: Ag fields and partially developed parcels exist between the site and nearby CREW lands . UtilitiesfTransportation Interest? Utilities-No; Transportation-No . Access: Via private unpaved road (Friendship Ln.) . TDRs associated: None . Management Issues: trails, parking area, fencing and sign. If a bridge is constructed over the irrigation ditch, it would also need to be maintained . Estimated needs and costs- parking, fencing, trails, & sign _ $34,530+ . Scoring: 167 out of 400 Surrounding land uses: . North and East: Single Family Residential with partially cleared lots . South: Old fallow farm fields zoned A-MHO similar to the type found on the property . West: Undisturbed pine flatwood/palmetto zoned A-MHO Vul......Dlllty 1 ',oondal)' c~r.Il. "'-, M'~g_nl R " II CCLAAC Recommends - B-List Conservation Collier Property Summary Parcel Name: Narsiff--2 Target Protection Area: n/a (RFMUD-Neutral) Estimated Market Value: $420,000 Highlights: . Located: Rural Fringe Neutral Lands, north ofJrnmokalee Road in Big Corkscrew Island S25, T47, R27 . Met 5 out of 6 Initial Screening Criteria: Native habitat-yes; human social values-yes; water resource values-yes; biodiversity-yes; connectivity-marginal; within another Agency project boundary-no . Habitat: Pine flatwood, wet prairie and fallow agricultural field . Listed species: White ibis observed, potential for listed wading birds, alligator . Water Resource Values: contains year-round & seasonal wetlands, upland & wetland soils, low Tamiami aquifer & moderate surficial aquifer recharge . Restoration needs: Remove exotics, remove large berm, restore fallow Ag field . Connectivity: Slough connects to Corkscrew Swamp Sanctuary (approx. 1 mile to the west), though bisected by Immokalee Rd. . Utilities/Transportation Interest? Utilities-Yes; Transportation-No . Access: Unpaved private road (Friendship Ln.) . TDRs associated: None . Management Issues: .Minimal exotics, provide and manage public access, restoration planting (may need irrigation provided) . Estimated needs and costs- Exotics removal, parking, fencing, trail, sign, rest room & kiosk $180,000+ . Scoring: 182 out of 400 Surrounding land uses: . North: Rural residential and agriculture . East: fill quarry (Big Island Excavating, Inc) and Estates residential . South: Undeveloped rural residential, agriculture . West: Rural residential and agriculture 12 I 1 A February 14, 2006 J1iWoM7)"1006 Acreage: 21.88 acres .. CCLAAC Recommends A-List Conservation Collier Property Summary Parcel Name: Peters I 1 February 14, 2006 .Ilwiaw~G06 Target Protection Area: nla (RFMUD-Neutral) Estimated Market Value: $82,000 (Conservation Easement) Acreage: approx. 5.0 Note: Owners are offering easement, not fee simple. Acreage under easement would remain at approx. 5 acres and include access to Rookery Lane. Owners and staff have agreed to potential easement conditions: County to manage, puhlic access in perpetuity, right to fence. no claims on public nuisance or noise, owner's access limited 10 same as general public. no vehicular use. Highlights: . Located: Rural Fringe Neutral Lands, in Big Corkscrew Island S22, T47, R27 . Met 5 out of6 Initial Screening Criteria: Native habitat-yes; human social values- Co"servatlDn Collier Peters Aerial Map marginal; water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-no . Habitat: Pine flatwood (previously cleared), Willow, Cypress, Freshwater marsh . Listed species: 4 listed plants; potential habitat for wading birds, observed by owner: alligator, big cypress fox squirrel, black bear, wood stork. . Water Resource Values: Upland and wetland soil types, wetlands on site,low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Remove exotics . Connectivity: Access directly adjacent to Corkscrew Swamp Sanctuary across Sanctuary Rd. . Utilities/Transportation Interest? Utilities-No; Transportation-No . Access: From private unpaved Rd. (Sanctuary Rd.) on the west . TDRs associated: None . Management Issues: Numerous mature exotics in pine area . Estimated needs and costs- Exotics removal, parking, fencing, trail (adding ADA section), sign: $70,500+ . Scoring: 242 out of 400 Surrounding land uses: . North: Developed and undeveloped rural residential and agriculture . East: Developed and undeveloped rural residential and agriculture . South: Developed and undeveloped rural residential and agriculture . West: Developed and undeveloped rural residential and agriculture & Corkscrew Swamp Sanctuary 13 Vu''''.bW~ ""'......... . . . Co1oiJory_. February 14, 2006 Jiil_r~o:!OO6 Parcel Name: Schutt Conservation Collier Property Summary Acreage: 28.7 acres CCLAAC Recommends-A-List Target Protection Area: Urban Estimated Market Value: $1,100,000 Highlights: . Located: adjacent to CR 951 just north of Malt property, S15, T51, R26 . Met 6 out of6Initial Screening Criteria: Native habitat-yes; human social values-yes; water resource values-yes; biodiversity-yes; connectivity-yes; within another Agency project boundary-yes (Florida Forever-Rookery B8)') . Habitat: Freshwater and saltwater marsh, mangrove swamp . Listed species: listed wading birds, alligators observed in past, potential for crocodiles . "'ater Resource Values: Entirely wetlands, depressional and tidal wetland soils, no Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Remove exotics . Connectivity: surrounded by Rookery Bay National Estuarine Research Reserve and adjacent to Malt property . lltilities/Transportation Interest? Utilities-No; Transportation-No . Access: Electrical utility easement on west side, potential for limited educational access via easement, CR 951 access not envisioned but possible . TDRs associated: None . Management Issues: Minimal exotics, management partnership-Rookery Bay . Estimated needs and costs: Exotics removal & sign: $50,500 . Scoring: 266 out of 400 Surrounding land uses: . North: Rookery Bay Reserve lands, FPL power facility, Residential (Eagle Creek PUD) . East: residential and commercial development across CR 951 . South: Rookery Bay Reserve lands West: Rookery Bay Reserve lands 14 CCLAAC Recommends - C-List Conservation Collier Property Summary n - I N 1 A February 14, 2006 JanBftti,2110621 Parcel Name: TIG Corp Target Protection Area: NGGE Acreage: 6.43 (10.03 including canal) Estimated Market Value: $868,000 Note: Suggestion was made to see if Parks and Recreation Dept. has interest for a small park. They do not have interest. Big Cypress Basin will be placing a construction easement over 'V side of property & clearing easement for water control structure project Highlights: . Located: golden Gate Estates off63rd ST. SW, adjacent to 1-75 and Golden Gate canal, S23, T47, R27 . Met 2 out of6 Initial Screening Criteria: Native habitat-Yes, marginal; human social values-yesj water resource values-yes, marginal; biodiversity-no; connectivity-no; within another Agency project boundary-no . Habitat: Pine Flatwoods infested with exotics (1.5 acres) the remainder is covered with exotic vegetation and canal . Listed species: One endangered plant species observed -Everglades Poinsettia, No listed wildlife species observed . Water Resource Values: low Tamiami and moderate surficial aquifer recharge . Restoration needs: Extensive exotic & debris removal, habitat restoration . Connectivity: None- Parcels between this property and the closest significant identifiable conservation land (Picayune Strand) are developed . Utilities/Transportation Interest? Utilities-No; Transportation-No . Access: Paved public road (63rd Sf. S\\') . TDRs associated: None . Management Issues: A canoe dock could be built along canal and would require maintenance; restoration, has easements (dotted lines on map) . Estimated needs and costs- Exotics removal, native plantings, parking, trails, fencing, signs and trash removal- $62,755-$88,084+ . Scoring: 186 out of 400 Surrounding land uses: . North: Partially cleared, developed, single family Estates lots . East: 1-75 . South: Berkshire Lakes PlID . 'Vest: Cleared, developed, single family Estates lots 15 "".."'l'$o<>to CCLAAC Recommends - C List Conservation Collier Property Summary 1 February 14, 2006 Jl!w0:i\'l"11106 Parcel Name: Wojtys, Randall (5-ac); Wojtys, Richard (5-ac); Snow (5-ac) Target Protection Area: nla (RFMUD-Neutral) Acreage: 15 acres (5 acres each) Estimated Market Value: $270,000 ($90,000 each) Highlights: . Located: Rural Fringe Neutral Lands, north ofImmokalee Road in Big Corkscrew Island 524, T47, R27 . Met 4 out of61nitial Screening Criteria: Native habitat-yes; human social values-yes; water resource values-marginal; biodiversity~marginal; connectivity-no; within another Agency project boundary-no . Habitat: undisturbed pine flatwood and fallow agricultural field . Listed species: Listed bromeliad & orchid, within priority-2 panther habitat . Water Resource Values: lJpland soil type, some wetland plants in furrows, low Tamiami aquifer recharge, moderate surficial aquifer recharge . Restoration needs: Fill in ditch, remove exotics, restore Ag areas . Connectivity: Adjacent properties cleared and sparsely developed, intact ecological link exists to Corkscrew Swamp Sanctuary (1 mile to the west) . Utilities/Transportation Interest? Utilities-Yes; Transportation-No . Access: Unpaved private road (Lilac Ln.) along west side of properties . TDRs associated: None . Management Issues: Remove exotics, develop and manage public access. Monitor restoration . Estimated needs and costs- Exotics removal, parking, fencing, trail, sign, benches and table, rest room & kiosk $173,225+ . Scoring: 148 out of 400 Surrounding land uses: . North: Undeveloped and developed rural residential and agriculture . East: Undeveloped and developed rural residential and agriculture . South: Tree farm, Immokalee Rd., undeveloped and developed rural residential and agriculture . West: Undeveloped and developed rural residential and agriculture, Corkscrew Swamp Sanctuary (1 mile to the west) 16 Conservation ColUer Wojtysl$now . Location . .A.genda Item NO.1 08 February 14, 2006 Page 1 of 3 -- EXECUTIVE SUMMARY Request from the Collier County Housing Development Corporation that the Board of County Commissioners of Collier County donate the residential portion of the Bembridge PUD to be used for Affordable-Workforce Housing. OBJECTIVE: To increase the supply of all levels of affordable housing in Collier County by conveying a portion ofthe County-owned Bembridge PUD to a non-profit housing developer. CONSIDERATIONS: On September 13, 2005, the Board of County Connnissioners (BCC) approved a rezoning ofthe property known as the Bembridge PUD. The PUD includes a mixture of uses including a schoo I, an EMS station, a water retention area, and a residential component. At the December 13, 2005 BCC meeting, Kathy Patterson, Executive Director of the Collier County Housing Development Corporation (CCHDC), addressed the Board of County Commissioners (BCC) through a Public Petition, item 6B, to request that the BCC donate the residential portion of the Bembridge PUD to the CCHDC for purposes of building affordable housing. The BCC gave unanimous approval to direct staff to bring the item back for consideration at a regular board meeting. ,-- The Collier County Housing Development Corporation is a 501(c)3 private non-profit corporation established in 2004. CCHDC has been involved in various housing actives over the past two years including hosting the county-wide annual housing fair and most recently partnering to develop 32 affordable housing units in the Cirrus Pointe PUD. I I I The residential portion of the Bembridge PUD consists of approximately 5.2 acres on which CCHDC would seek to develop approximately 72 housing units, The units would range in price from approximately $150,000 to $350,000 and be available for purchase by households between 60% and 150% of the median income. CCHDC also connnits to establishing and placing the property in a Community Land Trust to ensure that the units remain affordable housing in perpetuity. FISCAL IMPACT: The property was originally purchased by the County in 2001 at a cost of $79,608 per acre with funds from the Emergency Services Impact Fee Trust Fund. The valne of the 5.2 acres at time of purchase was $413,962. Per Real Estate Services' staff appraiser, the current appraised value of the 5.2 acres is $1,139,000. If the property is ultimately used for a purpose other than emergency services, then the original purchase price must be refunded to the Emergency Services Impact Fee Trust Fund. The County's General Fund or Reserves could be used to provide this refund. An alternative is to have the General Fund advance the $413,962 and have it reimbursed over time through pending and futnre contributions made to the County's Affordable Housing Linkage Fee Trust Fund. :.j fl il ; i ;1 , I ,.-.. Agenda Item No. "lOB February 14, 2006 Page 2 of 3 GROWTH MANAGEMENT IMPACT: Providing property for affordable housing assists in achieving the goals, policies, and objectives in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for the Board of County Commissioners consideration and approval. RECOMMENDATION: That the Board of County Commissioners consider the donation of the residential portion of the Bembridge PUD to the Collier County Housing Development Corporation to be used for Affordable. Workforce housing. PREPARED BY: Cormac Giblin, Housing and Grants Manager ~~~, ~' Item Number: Item Summary: Meeting Date: A()enrJa ilarn No lOB ~FH)rJmy 14. 2G06 P')983of3 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS lOB Requesl from the Collier County Hm,sing Development Corporation tllll1 the Board of County CornnHs~ionms oj Colli!" Co~nty dcnaloe tne re~id/lntlal portion of 1he Bembriage PUD to be usoe(! for Alfordabll}"Wllrl<Jo~{:e Hllus!n9_ (Josepn K. Schrn~t_ Comm~nity Development and En\flmr"nentlJl S~""ce5/\dm;nistrator) 211412006;):ODODAM HOUSl1"lg O~~"Jop<n"'nt Mj'ua\lor Do. Pl'tps,'ed By C"nnacGll>lin Community Developm"'nt & Envi,,,,,,n"ntaIServie"$ Fioaod"rAdmil'l.& H.,u5;nll 1IlGiZOO611:1B:1IlAM App,'oved By D.. Sandrll LN; E~ucutiw S"~r"'la!}' Community O<lv<.tlopnmrll & C"rrltt'lunily !:It!v~j"I'''H1,,1 & (nvir<mm..nr.t&flvie... Environm..ntol S"rv;c<!$ AdltllO. 1127f2lW610,itAM Approved By "'inflncilll A4m;n &. Housir'g Oirecl<lr D.. o..nt"nBok..r t;ommunityOov"lopn"ml& EmrirQnmenllltS.."'ic..... Fil\lIl\ciaIAdmi",&H"using 1Ili!2(ll1611,1~AM RI>aIE!\.t.w.Sel'/;cesM'''''lI.'1"'' Ont.. Approvt'd By CharlasE.Cim;nvton,J.., 'RmA AdministrAtive:;.."';""'''' F4cihli"sMnnllQo""mt 1I3(!!2l}l}~ 9:4l;AM Approved By D.. Constlmc.. A. JotmS<J1l OpM'IIh<Jns Ann!)'st Conlltlunity !levelopnlCut & Community D<!velopmell1 & Envir<>umlll'ltlllS..rvice. Envi"mtt'lenlol Sorvices Admin. 11301Z006B:5&AM Approved By Dm. Jo.ltphK,Sct>mitt Community o..~"t"pment & En>tironm"nt1l1So,v;ces Commu..ilyDi!veloptt'l,,,,t& EnvjrOI"ltt'l,,,,tal S",vie"" Admi,,"lrator Commonityo..Wlopm..nt& Envir<;>n,"enul Srrvk:es Adm;n. 1f)li20ll67:Z7PM Adlllini"t,,,ti,,eA,,,,istanl P.w Apl'roved B}' OMB Coominator C''''R1yMunuQer"OIflce Offic.. 01 Munullemel1t & Budget ZI112(lOt1l}:09AM Budll~\ AII'lIY'" D.. Approved By Marl..lsllChOI1 County M",u'!'Ifr's Offictl OIf,c" "IM.."..gMl''''''& BUdg'" 2.'1!2(lO€4:51 PM C<>untyMlltlage, !l,lle Approved By Jan,e.$V,fJludd a"",tl",IC",,,,,ly Commink;"..... County Manager's Otli(:1' ZJSiZOIl6iZ:55PM Agenda Item No. 10G February 14, 2006 Page 1 of 68 --- EXECUTIVE SUMMARY Recommendation to adopt a superseding resolution authorizing the condemnation 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 four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $5,809,000.00. OBJECTIVE: To adopt a superseding resolution authorizing the condemnation of fee simple interests and/or perpetual or temporary easement interests necessary for the widening of County Barn Road from an existing two lane rural roadway to a four lane urban roadway between Rattlesnake Hammock Road and Davis Boulevard (Project No. 60101). CONSIDERATIONS: On October 11, 2005, the Board of County Commissioners adopted Resolution No. 2005-362 finding public purpose and necessity and authorizing the condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the construction of the four lane improvements to County Barn Road between Rattlesnake Hammock Road and Davis Boulevard. hereinafter "the Project". ,..- As a result of the addition of two more lanes of pavement, and the proposed sidewalks on either side of the new roadway, it was determined that two stormwater detention and treatment ponds would be required for the Project. The site for the southerly-most pond has already been acquired through advance right-of-way acquisition. Subse.quent to the Board's adoption of the previous resolution authorizing condemnation and consideration of a Pond Siting Report prepared by American Consulting Engineers in October, 2004, American undertook subsurface borings to conduct a comparative analysis of alternate sites for the Pond No.2. As a result of this additional testing, another possible site for Pond No.2 (not previously considered) was included in the comparative analysis. The sub-surface soil conditions of this newest site were found to be far superior to the site previously selected (where cap rock was found a mere two feet below the soil surface.) In addition, this new site presents similar environmental impacts; it can store and treat the required water quantity; it is located within the necessary geographical drainage basin; it limits impacts to improved properties; and real estate appraisers estimate that the land cost is the same as the previously selected pond site. This newest and preferred pond site was not considered by American Consulting Enginecrs, Inc., in the original pond siting report due to the fact that their scope of work did not include an independent drainage study for the County Barn Road corridor, but rather required them to review the previous study conducted by the firm of URS Greiner, and verify the previous firm's methodology and findings. Having confirmed URS's methodology and conclusions, American then prepared its report. The opportunity to conduct additional testing on the site through the property owner's cooperation resulted in new information to consider in the selection of a site for Pond No.2. This ,..- information is presented above. Agenda !tern No. 10C February 14, 2006 Page 2 of 68 The facts, findings and conclusions presented in the attached interoffice memorandum dated May 6, 2005, are still valid and are included herein for this Board's consideration. FISCAL IMPACT: Staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have becn filed. However, if condemnation proceedings are required in order to meet the schedule for the commencement of construction, the cost is estimated to be $5,809,000.00. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73,091 and 73,092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the four-lane improvements to County Barn Road (Project No. 60101) are an integral part of Collier County's Growth Management Plan. RECOMMENDA nON: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this ExecutIve Summary. Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachments: 1. Interoffice Memorandum dated May 6, 2005, from Eugene C. Calvert, P.E. to Norman E. Feder, AICP 2. Condemnation Resolution with Exhibit A . IlemNumber: IlemSummary: Meelin{lDate: COLLIER COUNTY BOARD OF COtJN1Y COMMISSiONERS "'c RiO~(Immendati(ln to adopt"' superseding resolution authorizing the condemnation of ree Simple 'ntere~ls and/or Iho~~ perpelwill or temporary ea~emenj interests neC",S&8ry tor ttle ~(Jnstrucflon ot roadway. o'aiMge and u(;lity Improv"'ments req\iir~d for the four-iene expansion of County Bam Road from RalHesna~e Hammoc\< Poad to Davis BOJIl>Vare (Caortal improvement Eiement No 33, ProJ~ct Nrl 60101). Eslim~ted frscel impact $o,B09JiOO,DC (Norman Feder. AdrlW\iSlrator, iran3porlation S~I'V1CU~) 2!14r20Ci19.0a.OOA.M Rillht 01 Wny Cu"rdinJillof D.. P,'epared By l.<>rrainel.llnlz Tnmsportalions",vlces T!::CM.<'<OW 1r30i2\l1lG4.'.Je,34PM Approved By NormE,Fe<let,AICP Tmosp"rt'lI,,,oDiYi$iool\dm;Ili,,,ttator D.. lron~p"rtaii'mS",vieil'$ Trull"po'tu!'onS~Ni"""',t1l11in. 1f)li2GOST,3iAM Approved By Director !M.. Naj"hA,limad Tra.nsponalionSotv,eu T.....ns!,,,""I,enEngin'''mnq& C""SltUetionMn'lftll..menl 1/!lf200GB:G1 AM o,"ryf'>utm""suu Dill. Approved By rranapDrtatiDflSorvi"",s Smt,o'P'"je<:tMun''ll''' T....ns!,orl<lI;lloE"lIi""minllllfld Construetlon j,'311200S9:5lAM K..y;nH"n<:lricks RiqhlOfWuyAe'loi"ilio"khn390r 0<11.. Approved By Trllnsp'",ts.lionSnrvlc"lI; TECM.<'<OW 113112(10811:1311.1,1: Approved By Sl1ar<>IlNawm,lfl TraOSPQl'tlllionSetvices AcenuntingSapervlSQ' Date 'r""s!'''rtati''nS......icesAtimin 1!J1rzoO& 2:28 PM Approved By Executiv"S.."t<t<<Iry Oulll Pal Lonnhard 1mm;l'orlatinnSe"'lces Tr"""potUtionSe"'icnsAdmin 1r31!2UUt3:03pM Admi"i~irll\t"e AssiSlJollt "'" Approved By OMBCoordinator CuontyMIIIl"g"'r'sOlftce OIfic.,,,,lM.nall,,menl&,B,,dgel 2!1I20061C:l0AM Man"fl~m..nt&.Bud!1"tOir"<:IO' Pule App"llved By Mich....,Smyl\owski C""l1ty Manall'er'3 Ofl'ice Oflic" "f M"!l!lll"qr..n! & Bud\)ct 21&J200G12:49PM CoontyMan;\l"r 0.. Apprllvrd B~ J>lm"'" V, Mudd Board 01 County C""""is.si,,n~'" C""ntyl.'.lInognt'sQtfke 2:7i2iW59,41AM a;m~r County YIl!f$.;:t#lt~G~~jt0~,;Z!={!@.,~ Agenda Item No. 10C February 14, 2006 Page 4 of 68 TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM DA TE: May 6, 2005 TO: Norman E. Feder, AICP, Administrator, Transportation Services Division FROM: Eugene C. Calvert, P.E., Interim Director, Transportation Engineering & Construction Management Department SUBJECT: Condemnation Resolution For County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, Project No. 60 I 0 I On May 24, 2005, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. This two-mile project includes a divided four-lane roadway with sidewalks and bike lanes on both sides. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to the Board. Also the county attorney's staff has advised that you must consider the following criteria when adopting the Condemnation Resolution: I. Alternate Routes County Bam Road does not extend south of Rattlesnake Hammock Road nor north of Davis Boulevard, and as such serves as an important connector. Santa Barbara Boulevard is scheduled to be extended south of Davis Boulevard which will provide additional north-south capacity in the future. Further east, Collier Boulevard will be widened to also provide additional capacity. This project has not only been envisioned for a long time, but had design of the improvements started in the early 1990's, only to be interrupted several times due to higher priorities. The current design update is progressing well, and in order to meet current and future capacity needs, the only viable alternative is to widen County Barn Road to four lanes at this time. 2. Safety Factors Agenda Item No. 10C February 14, 2006 Page 5 of 68 The design of the County Barn Road improvements are in accordance with the provisions of the Florida Department of Transportation (FOOT) Roadway and Traffic Design Standards; the FOOT Plans Preparation Manual, and related design manuals; and the Collier County Policy for Access Management for Arterial and Collector Roadways to ensure the safe movement of people and goods within the project limits. Sidewalks, bike lanes and streetlights are being provided to further enhance the safety of this project. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in various updates, the most recent being the 2025 LRTP (adopted in 2001), the need for upgrading County Barn Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. 4. Environmental Factors Planning criteria require consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. The County Barn Road project will have some environmental impacts. The project has been discussed with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey has been previously conducted and will be updated with our current design. The project will require off site ponds for water treatment and attenuation, and the recommended sites typically undergo environmental evaluations. The surface water drainage design is such that the project will be a benefit to the existing surface water management system. It is anticipated that application for the Environmental Resource Permit will be within three months. 5. Costs Cost to provide for the improvements of this project has been considered from the initial identification in the adopted LRTP. The project has been refined through earlier design efforts and incorporated in the financially feasible Capital Improvement Program. The current design will further refine the project to maximize the improvement benefit while minimizing impacts. The project includes a typical four lane divided section with sidewalks and bike lanes on both sides. The corridor is largely residential with several churches. Future development includes the expansion of a private school, and possible siting of public schools. Design should be completed later this year with construction planned to start in early 2006. l\genda Item NO.1 OC February 14, 2 D6 Page 6 0 68 RESOLUTION NO. 2006- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY, AS WELL AS PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WA Y. DRAINAGE AND UTILITY EASEMENTS, AND PERPETUAL, NON. EXCLUSIVE DRAINAGE AND UTILITY EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RAlTLESNAKE HAMMOCK ROAn (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO, 60101), WHEREAS, the Board of County Commissioners (Board), on October 26,2004, adopted Ordmance No. 2004-71 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. 2004-71; and WHEREAS, the four-lane section of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road (Project No. 60101) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on May 24, 2005, the Board adopted Resolution No. 2005-212 authorizing the condemnation of property for the construction of the County Barn Road Project; and WHEREAS, on October II, 2005. the Board adopted Resolution No. 2005-362, superseding Resolution No. 2005~212 and authorizing the condemnation of property for the construction of the County Barn Road Project; and WHEREAS, several refinements in the project design have been made since Resolution No. 2005- 362 was approved; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "An attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. Agenda Item No. 1 C Fabruary 14, 2 6 Page 7 0 68 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been detennined by the Board that the expansion of County Barn Road from two lanes to four lanes between Davis Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort. and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs, AND IT IS FURTHER RESOLVED that the County Staff has reviewed altemati ve locations for the Project, and the costs associated with the design, property rights acquisition. and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A" to wit: fee simple title interests and perpetual and temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this _ day of , 2006, after motion, second and majority vote supersedes and replaces Resolution No. 2005-362. A TIEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ;.z:r as to fO";J' ~' sufflcienc1 Y.-<- 1;;1 ~.A'~ ~ss1st.nt Count1 Attorn., Ell.n T. Ch....ll Page 2 EXHIBIT /'1 Page-Lof...J& Agenda Item NO.1 Ie February 14, 2 6 Page 8 of '8 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLlrR COUNTY, FLORIDA P ARCE.L NO. 1 01 PROPERTY OWNER: t..lHC N,I,P\ f.S FST,I,TE5 LIMITED PARTNrRSf./IP REFERENCE: O.R 2476 pr. '-427 AREA OF T AKt: 05l! ACRES :i: PERPETUAL. NON-EXCLUSlVE RlW> RIGHT -oF_V, llRAlWIGE NID UTIUTY El'1I"'-NT T.C.E. = TEMPORARY CONSTRUCTION P.O.C, POINT OF COMMENCMENT P.O.s. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY '" >- ';;: ::>::: ~~ ,,0 . 1-:-,'" [30>- oo..~ 5..;f!: "'- "0; [50.: $: "' w OJ c:i '" :s ~ 0-" o"'W ~..!. (j ",'" . t:J0~ 9i:;CLll: ~ .::> >--1>) ,,'" . VJojPJ :so.. ....J >- $: ~ f!: MA TCHLlNE SEE SHEET 2 OF .3 ~ ~! ~ 31 J I ~ 1 ~~ 31 I ~~ -----:+--i ~ L5 : I I ~c ~3 I.eel -0 ~:;) 'i' -I <0 ^ OJ : o " I Ii ~! I 31 0 ~ I I",,,, I"'~ ",0 ,,' 1>)'" ~g ",- ",'- o (,) '" 0 D 0 ~ ~ I 8 + OJ OJ g + D OJ +27.J2 67.00'R 2 I .. : I ~ I ~ I I ~ ~ N - o ~ 0. ~ [5 i: <>:: [I: ~~ ~'" ::i0 ",0.. \:!<C >::" ","" OJ'" [30; ....Jo 0.. " '" I (,) ~ EASEMENT ~ 8EARINGS ARE. BASED ON THE SVf?VF:Y BASELINE OF COUNTY BARN_ RDAOAS BEING N OO"J4'S6. W. LEGAL DESCRIPTION. A'NO SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 101 CLIENT: COLLIER COUNTY TR NSPORTATIONDlVlSION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ ::::H.GNOU .....1:) :::::UAnBER & ......13 ...... ...... RUNDAGE.lHl:. Proll!llslonal englneerll. planners, &: lllnd IIU~YOnl c..U..rc-tr. tult.o 100. 7U1(1,._TToII.II..iIl:If.'.....PI...,1>ll (""."'rI-aUl 1M c......\,r- I," cooo....\ _,. hlt.o lOll. _t.o ........ PI. MUll (DI)NlI-_1 c..rWl..\oo .r 'GiIlam.tin 11'.. l.\I lMIM ..... a MM 'Ul (1II)lIHRUOI" 8 8 L..I ~ ~ ~ '" ~ " <n .. >- ~ ,~ <>0 . " ~ '" :5 '" ~ " ~~ ~~- lo~~... _>-=V)!/) :"(l5L...i l;;j~ () (.)"l(t'<C a:::2:Jl() .q:....I==lt') I Q..o=>o blo'- io ~~ ~ 0 ~ 8: E W. HACKNEY, .S.M. NO. 5606 1" _ lOa' DATE: MAY 6 700~ DRAWN 8V:----Il.Ati PROJECT NO.: 8081 CBR ACAD NO; 9073 SI1101 FILE NO: 9073 .. ~ ~"gj ..~ ~'" 8~ " ~ .~ " o " I ~ I w 00 I ;~ ll'" I ~~ 0.<>0 Q. I I I I I I +0.00 50. 00 R EXHIBIT A Page2- of..llL Agenda Item No. 1 .Ie Fabruary 14, 2 . 6 Page g of 68 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 PROPERTY OWNER: MHC-NAPLF:S FSTATFS LJI.IIlr'D I'ARTlIr:RSHIP REFER~NCE: 0 R 2476 PG 2427 AREA OF TAKE; 058 ACRI"S :i: ~ .~ N' O ~ (i (I) PERPETUAl., NOH-EXa.USIVE RCW> RlGKT-oF_V, llRMWiE NICJ UTIU1Y .........''IT '" 0- ;;; ::>:: (1)- ~cb. ~~~ ~cP- oo..~ 5"'; I!: ,,- <(iii f:j~ s: ii2 I ~ :! '" ~ I I ,. ~~I ~ ~ 'oo~ Vl ~~ ~ t"'ll,j) " ~ I g~ g ~ 1 I 2: ~ El -~~ ;1 I ~ " 0 9\ I 0::""":- 12:~ 1 ",0 ~ I <Ii 0:: 01 ",'0 " 0-0 ---::-LJ 5C g I 18 ~ ~ I I '- ~ I I ~~ ~11~C5 :I'l ~~ o 9v-1u-,g o~ IC'\I:::J .-g ~ ~ ?: ~I S ~ 0:- S 4.88 50.0 '" ~ ~ '" ~ ~ :e }:j '" Cli ~ >- ~ '!;! " fS 8 '" '" P.O,B. ~ ~ I: ~ ll: " lS '" [!, &i !5 ~ '" ;;: ~~ 5!'" ::I.,; (1)0.. I!! . :<(~ ""... [2'" (1)0:: "'0 ~ 2: I <.> :r: ~ T,C.E. - TEMPORARY CONSlRUCTlON P.O.C. POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY #.fA TCHUNE EASEMENT SEE SHEET 1 OF 3 = BEARINGS ARE BASED ON 'tHE SURVEY BASEUNE OF COUNTY BARN ROAO AS BEING N 00'34'56" W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP1l0N: PARCEL 101 CUENT: COLUER COUNTY- TR SPORTAllON DIVlSI N ..... .... .... ..... ..... ..... ...... :::::: UNDA.CE,1IOl. Proto.lonal en&1neer.. pIaDIltl~, I: land. .urveyo~ Cd!... c.....t;,.....at. _,'~ _.-I 'InlI, "_lll.~ "" 141. (tltt}llIP7",1I11 ~ =:...-: =.::~"~~~::. =--- n. Mi: 1== ~ l:! '" "'I- lo~~"" 1_'"'",,,, ~~i.&j ,.J~ ~ 1~5n:"t 0::0;:'", ""C::J::l.t) Ill.e~e . ~:! !! '" ~ "- ill ~ ~ ~ " 8 '" I I I llw I ~~ I c;j~ <'>0 I ~~ I I DAlE: MAY 6 ?n()~ FlLE NO: 907.3 EXHIBIT A Page~of~ Agenda Item No. OC February 14, 2 06 Page 100 68 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE 2427. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER L'r7NG ON THE [ASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (loa' R.O, W.); THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1694.88 FEfT; THENCE LEAVfNG SAID RIGHT OF WAY UNE NORTH 01"08'56" EAST A DISTANCE OF 827.66 FEET; THENCE SOUTH 89'38'51" WEST A DISTANCE OF' 8.00 FEET; THENCE NORTH 00'34'56" WEST ALONG A LINE 17.00 FEET fASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 867.16 FEET TO AN INTE.RSECnON I-WTH THE NORTHERLY LINe OF THE AFORESAID PARCeL; THENCE NORTH 89"11'52" WEST ALONG SAID NORTHERL Y LINE A DISTANCE OF 17.00 FEET TO AN INTE:RSECnON M1H THE AFORESAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.58 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRlcnONS OF RECORD; ABSTRACT NOT REVIEWED. ~ NON-EJcct.USlYE ~ RIGHT<lFoWl\V,llIWN4ae AIC) UTI..I'IY EA"<11afT THIS LEGAL OESCRIPTION ANO SKETCH PREPARED BY: LEGAL DESCRIPTION AND. SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 101 ' CLIENT: COLLIER COUNTY TRANSPORT~ON OIV1SION , BY,' L0/.// 8/22/05 GEO~GE ... HAfijSNEY, P.5.M. NO. 5606 SCALE: NT S DATE: MAY 6 ?nns DRAWN BY:~ PROJECT NO.: ROA1_C8R ACAD NO:9073-SD1()1A FILE NO: 9073 ....~ :::: GNOIJ ..... ..... ..... ERBER & ...... ...... ...... RUNDAGE,IIOC, ProfenloM.l ..ngln...."" plann..rI', II. land lIul'Vl!yon COW... Co...t" IIWtoo 100. ?IOO 'Iom.l""" 'I'rd. Kot1.lr., ".,1.., n. ~Illlll (2'~}Uh'lll 1-. couVl ..fO c-.1Jt 1100., _ lall Jooalto. "....... n. MUll (U.}t....._1 c.ttIMotoo of ."Uoorl.._ "'... W _ _ 'II ...l fa; lln)IM-UIla EXHIBIT .A Page~of--IU Agenda Item No. 1 C February 14, 2 6 Page 11 of 08 SECT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION.ANri-~$ktrtH"'SHEET 1 OF 2 DESCRIPllON: P AReEl 70S'. CLIENT: COLLIER COUNTRANSP9RJATlON:DlVISION PARCEL NO. 708 PROPERTY OWNER: orAllVll I FLAKE r.t UB REFERENCE: O.R "~2J PG 2149 AREA OF TAKE: 1 57!5 sa. FT ~ .... 0 C~ ~ ~I'<') ~ 5ci utl. 0::"; UJf!! ::J", (5 uti d '" ... z "':: I .... I .It! 15 +32.BO I b!~ 50.00R ~LS ~1: I"'" ior::= ~ I I"''' ~ Q '" ~ "i 91 I - !:! ~\ Hi ~ ~: I ~~% ~ 91 I:z:~ -G~~ ~I I c8 : :ZC 9\ 18 I I n:J ~ 91 --- ~~ <Ob ~-. - lJ.J~~ Otl.~ (5..;e:; "'- <<ai 15 a.: s: 0: CHARLEMAGNE BLVD. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS fROM COMMENCEMENT Of CONSTRUC;", . ~I ~ 91 I T.e.E. = TEMPORARY CONSTRUCTION P.O.C. POINT Of COMMENCMENT P.O.S, = POINT OF BEGINNING R.O.W. = RIGHT-Of-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EASEMENT ....t :::: NOIJ ..... ..... ..... ftRBER & ......& ...... ...... UNDAGE,IIOC. Profelllonal anglnH"', plalUlen, . land IW'W)'WliI CIIIIl. c..mt,r. Nw loa. ,_ T-..l Tl'odL II_I 11.,... n. MIOI ('")8I1-"U 10M =r_~ ~ .=wJ:" ='; ="" rl. H,: l=::::::: '" " t;i '" t:i ,. '!i " ~ <.i d a.: CI:l '" -' U'" ...0 ",- "'ci ~tl. 0:: . ",'" 0::'" UJaj ::E<.i 8 ~ ~~ NO ~ <3 tf) S 89'04'26" r 40.01' ~ 1: ~ g; i5 is " b! "'.... "'" "''" :S~ '" " >-~"I( ~ ~~ ~ ~t: ... ~2 '" 0::::) b ~C ;.... 0=" ... ",'" 8 13 '" "8 d .. gs~ 13- '" ~c.s -<tl. -' ..; "'", ::I", s:- "'ti l,'i. 00 ai d a.: llNF TAelE J.Jll.E= BrdBJt:Il1 Ll 7~.00' 5 00'27'15" € L2 21.00' N B9'J2'45" E LJ 7~.OO' N 00'27'75" W L4 21.00' S 89'32'45" W L4 ::; :J PARCEL 70B PROPOSED T.c.E. (1.575 SO. FT. ot) L2 ~ PARCEL 808 1 PROPOSED DRAINAGE AND UTlUIT EASEMENT I BY: CEO GE, W. HACKNE;Y~ .M. NO. 5606 SCALE: ,".... 1 no' OA TE: AI JG 31 ?OOS DRAWN BY:~ PROJECT NO.: ROB' C8R ACAD NO: 907.~ 5D708 FILE NO: 9073 EXHIBJT A Page-..L of 10 I /\genda Item r,o. 1 C February 14, 2 06 Page 12 of 38 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF" LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLlrR COUNTY, FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS FOllOWS; COMMENCING AT THE NORTHWESTERLY GORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS Of COLLIER COUN TY, FLORIDA, SAID CORNER L YTNG ON THE EASTERL Y RICH T OF WA Y LINE OF COUNTY BARN ROAD (100' R.o.W.),' THENCE SOUTH 89'04'26- EAST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 40,01 FEET; THENCE LEAVING SAID NORTHERLY LINE soum 00'27'15" EAST A DISTANCE OF 497.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRfBED; THENCE CONTINUING SOUTH OO.27'15~ EAST ALONG A LINE 40.00 FEn EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE: A DISTANCE OF 75.00 FEET: THENCE NORTH 89.32'45" [AST A DISTANCE OF 21.00 FEET; THENCE NORTH 00.27'15" WEST ALONG A LINE 61.00 FEET [A$TERL Y FROM AND PARALLEL WITH SAID RIGHT OF WAY UNE A DISTANCE OF 75.00 FEET; THENCE SOUTH 89"32'45" WEST A DISTANCE OF 21.00 FEn TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCR/BED; CONTAINING 1,575 SQUARE FEET OF LAND MORE: OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT RE'V1E\oYfO. TEMPORARY CONSlRUCTlON EASEMENT ~RAnON:3YEARSFROM COMMENCEMENT OF CONSTRUCTION ."..'''''' THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION ANti.skETCH SHEET 2 OF 2 DESCRIPTION, PARCEL 7Q~:<>,' '-,~i; r CLIENT: COLLIER COUNTY .T~ANSP~RT~TJON DIVISION ....fi3 :::: GNOlJ ..... ..... ..... ARBER & ......13 ...... ...... RUNDAGE,IIOC. Proleulonal ena:lneeI1l, planners, & land 8UrY'llyOl'l COW.. eo.alJ: lIufloo toll. naa T....looal T'r101l. ~.rQ.: ".,1", I"L ..lOll (1II)on-111l LH c..."" _0 _..I &-4. IuIIo '01 .....10 .,....... "' "116 (1II)M11_'" __10 ., ..u,.n.._ 10... ~ _ _~ . "" r_ (DIIIN-un /'c, /0,. /E/'" B~ ~~ _ GEOKGE Y(. HA~KNEy;"",.M, NO. 5606 SCALE: N' T S .. DATE: AUG. 31 2005 DRAWNBY:~ PROJECT NO.: ADA1 CAR ACAD NO: 9073 ~n70a FilE NO: !:I07.1 EXHIBIT A Page.iQ....of~ Agenda Item No. 10C February 14, 006 Page 13 f 68 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST cOLLlm COUN TY, rLORIOA PARCEL NO. ROB PROPERTY OWNER: DEA.lJVlLl.E I AKE eWE! REFERENCE: 0 R 1!'l?J Fa 2149 AREA OF TAKE: 1 \500 sa. FT :t: ~~ N~ ~ ~ <'i V) PERPETUAL, NON-EXCLUSIVE DRAINAGe AND UTILITY EASEMENT '" .... :z ::>::; ~~ ",0' .-:-? ~<.:i"" 90..~ 0.;J!: "'- <en; ill a: s: Ci: T.C.E. = TEMPORARY CONSTRUCTION P .O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W, = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ..... ====== NDAGE...,. Prole_atonal eDl1neon. plannetl, & land lurft)'O"' CoUl. Ill_V. _ _. "00 _ TrIll. __ 11.,&..", ""_ ("""-IUI '" =.:': ==:-II':.'-';~ =: =:-. no":: == ---~ CHARLEMAGNE BL VlJ. --- ~ ::\ v ~l : ~ ~I I ~ I ~ ~n ~~ +995' ~ ""'u t5~ gO.OO'R '" ~l I ~l5 ~I I ~~ -r"~ ~I y ~~ ~~ ~~ -fr1 ! ~ if ~I I 31 I : I~~ ~~ci I I ~<i ~I I~g 80 :Z:C it ~I 5 '" I U EASEMENT I +59.56 90.00R v- PARCEL 708 --1 PROPOSED T.C.E, N 89'J2'45- [ 5.00' .... g g ~~- g 0 CQ~~+t ~ ~ O-Vl~ tO~"tu.... 3:: l<.l ,..JclLi . ~ b ~ffi~g h ~ Q::~~g ~ 0 ~ tl.. ::n'')~ o 0 Dc::..... ~ t1) ~~........ "" S B9'J2'45~ W 5.00' P.O.B. ;,; d ti >- ~ ~ '" ;;'j " ~ '" '"B ~ "" '" >- ~ '" ~ '" ~Ol ... d~ ~d :so.. .; g LuC\l d :::I", ... s:- '; =><i ~ "0. 15 o' "" ~ ~l- 1.0 ..... -<15 it: :5iii . '" :!l )..:''1( j-.., ~l.j S'l ",I:: 8 ~::J 2: "'S "", ~<: ",-< B <.i ci a: S 89'11'52" e 40.01' MHC-NAPLES ESTATES LIMITED PARTNERSHIP O.R. 2476, PG. 2427 LEGAL DESCRIPTION. AfiD"'SKETCH SHEET 1 DESCRIPTION: ~ARCEL B08 CUENT: COLUER COUNTY TRA~SPORTA1l0N DIVISION BY' OF 2 G ,0 F . HACKN P.S.M. NO. 5606 SCALE: ~1" 100' DATE:AUG 31 7005 DRAWN 8Y:~ PROJECT NO.: BOR1 CAR ACAD NO: 9073 ~[)ROR FILE NO: 9073 EXHIBIT A PageL ofL Agenda Item No. OC February 14. 06 Page 14 68 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, ~LOR/DA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FlORIDA, SAID CORNER LYING ON mE EA5TERL Y RIGHT OF WA Y UNE OF COUNTY BARN ROAD (100' R.O.W.); THENCE SOUTH 89'1/'52u EAST ALONG THE 5QUTHWESTERL Y LINE OF SAID PARCEL A DISTANCE OF 40.01 FEET; THENCE 1 fA VlNG SAID SOUTHWES7ERL Y LINE NORTH QO'27'lSu WEST A DISTANCE OF 505.4.4 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTI-I 00'27'15" WEST A DISTANCE OF 260.00 FEET; THENCE: NORTH 89'32'45" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 260.00 FEET; THENCE SOUTH 89'32'45" \-VEST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HE:RElN DESCRIBED; CONTAINING 1,300 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO; ABS7RACT NOT REVIEWED. PERPETUAl, NON.EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ...ii\. ... ..... GNOIJ .....1::) :::::UARBER &: ......13 ...... ...... RUNDACE,~. Prole'llollll.l IIlng!.nen'll, plll.llneI'll, &: Ill.lld lIlurw:yoro ~~ CDlmIl'> 1IuI... IIlll, ?~I TomIoomt Troll., 1l...uo,Il.ploo, PI. ~10lI (0I)lr;-1111 l... C:O\lld1l '"I c._"" 110&4, hlto 1011 IIOIlIto iIpItqo, n. UII5 (11lI)toM-elI1:I ~ or AUtlioort..\lu 11"..... _ OIIa u.1ft ._ tai)MI-uoa .-"4.... .' LEGAL DESCRIPTION<AND \'9KETCH''SHEET 2 DESCRJPTlON:PAR_GE~- a..o.a-: CLIENT: COLLIER. COUNTY TR OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: W. HACKNEY, 5606 N T S DATE: AUG 31 2005 DRAWN BY:~ PROJECT NO.: BOB1-CBR ACAD NO: 9073 SIJR08 FILE NO: 9073 EXHIBIT A Page-L. of--.Jgl Agenda Itom No. 1 C February 14, 2 6 Page 150 38 S~CTlON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, rLORIDA I I ~ "15 -~_I t56 o ~"' + ~~ LOr ..JJ9~O I I ~C RIVIERA GOLD ESTA TES I I", i1 UNIT ONE 0, => PB 12, PG 110-111 ~ jTRACT "G" / / LQTJ40 I PARCEl NO. 112 PROPERTY OWNER: WOOChAl"Rr RAQUET CLUB REFERENCE: O.R. 28 PC 1 08 AREA OF TAKE: 019 ACRES i: ,.., I- 0; g es - + cnz", :g r;j'" ",=-0.. ffi . .I1:IO~ t-=(~ ~ '" z c:i 8 + .. '" CYNTHIA LANE ... I:::g; z"" ==>", 80.. "'''' "'0> -" :::J,.., o. '-'''' d P.O.C. P.O.B. R.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ""."i\ .... ::::"Ii3GNOU ::::: RBER & ...... ...... ...... RUNDAGE,IIlc. Prot.II.lon..] engIneer!, ph.nnen, k land .urve)'OMI "GUI..CO....t.1'...l\ot.OO,U..,T&....0II0l"'*li."_,N.~l..,f)."'l..("ul..7-.'11 LH c.....t:n "'0 c-..t ....... Nt- la3, Bolll\l brI-. "' ullIe (IU)NI.IJIIU ,,_t. of '_001.._ 11oo0. .. '"' ... II .... Foal (In)MlMlIIlIlI PERPETlJAL, NON.exC~USIVE Ro.+.o RtGHT.QF-WO,V, DRAlNAGE NIO unUlY EASEMENT WHITAKER ROAD +5.80 50.00 R ~~ No ~ () '" 8 + 0, '" Cl C3 0::;- CO i; z. ~ 1",0 ",' -< \~~ '" >- :> ~ '" z- '" 8'< ==>~ iii oj 18 '< w ~ :. I " 0 :'! . \ ci " .~ 0 '" " "' " 8 ~ '" ~ " "' ~- 13 .-~ ~~ ,,~ ON 0 '" Cll ==> .... '-'", ....0 ",- 50 ",0.. '" . ",'" ",'" ",. =-<IJ "''-' o ~ PARCEL 712 PROPOSED T.C.E. PARCEL 112 PROPOSED ROADWA Y, DRAINAGE: AND UTILITY EASEMENT (0.19 ACRES or) N 89'O4'26~ W J5.01 +32.80 50.0aR P.O.B. DEAUVlLLE LAKE CLUB O.R. 1523. PG. 2149 HO.I.E;. BEARINGS ARE BASED ON THE SURVE:Y BASELINE OF COUNTY BARN ROAP'AS BEING N 00'27'15' w. LEGAL DESCRIPTIO~ "N~D SKETCH SHEET 1 OF 2 DESCRIPllON: PAR<;:EL )12 CLIENT: COLLIER COUNTY TRAN PORTA liON JSION =: "B)':'. EO G W. HA KNE , ?S.M. NO. 5606 SCALE~ f' -;. 100' OAlE: AtlG ~, '005 DRAWN BY: ~ PROJECT NO.: 80B1-CBR ACAD NO: 9073 SD112R FILE NO: 9073 EXHIBIT ;1 PageL of-1e.L Agenda Item NO.1 C February 14. 2 6 Page 16 of 8 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLiER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE SOUTHWESTERL Y CORNER OF THE WOOOMERE RACQUET CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 00'27'15" WEST ALONG THE EASTERL Y RIGHT OF WAY LINE OF COUNTY BARN ROAD, (100' R.D.W.) A DISTANCE OF 473.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 04'40'43" EAST A DISTANCE OF 475.13 FEET TO AN INTERSECTION WITH THE SOUTHERL Y LINE OF SAID WOODMERE RACQUET CLUB; THENCE NORTH 89'04'26" WEST ALONG SAID SOUTI1ERL Y LINE A DISTANCE OF 35.01 FEET TO AN INTERSECTION WITH SAID RIGHT OF WA Y LINE AND THE POIN T OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.19 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPETUAL, NON.exClUSIVE ~ RIGHT-OF-WAY, DRAINAGE Nf:J Ul1U1Y E.<RI.I""IT THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY; . (,-". LEGAL DESCRIP110N'AND' SKE:TCH SHEET 2 OF 2 DESCRIPTION: PAIlCEt.:1t~.. ',.. CUENT: COLLIER COU,"TY lR)"SPORTATION DIVlSION : BY: 'h1'~ /-4/ ~ . "EuRut. W.. HA'CKNEY. P"'.M. NO. 5606 SCALE: N TS DATE: AtJG 3' ?G05 DRAWN BY:----->!Atl PROJECT NO.: BOR1 CBR ACAD NO:9073-SD11?R FILE NO: 9073 ."5~. m:. ~GN:OLl ::!::~ ~RDER &c :::::: RUNDAGE,IIfc. Protenlonal engineers. platulflrl', ,It land. flUl"VlIYOnl c.oUl.. C-OI.1> u.dt.o atHl, 7~ TualomJ T'rllll, Ilorth, 11.,1., n. HIM (*"''''~?_Slll ~ CotulLr. .MIl ~"l a.4, Ihal.. 108; _... ""'1.,.. n. &alto (U')U4.6-'M' c.un0ll1<l of .l..ut._u.. ...... UI _ _ 11:II .." ,U! {QllYI~"llII EXHIBIT A Page.JL of--!ll.. Agenda Item No. 1 C February 14, 2 06 Page 17 0 58 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST cOLLlm COUNTY, FLORIDA PARCEL NO. 712 PROPERTY OWNtR: wqpot.tf~F" RA.OUFT Cl~B ReFERENCE: C B. 2~ PC 108 AREA OF TAKE: 404 so. FT. ~ I') I- 0; 8 ffi - + CD '" 0 :8 Lj<o... ",::! ei . "tl",i!l >-U". u"C,"" '" 0: ;:; 0 o o + .. '" CYNTHIA LANE: ". ~i?:l ",'" "'0 80.. '" ei", :J..... ..JI') 80: o " c '" >- ~ '" C5 " " ~. t; ~10 B t-..:::! l'<~ 8" '" o o + N '" ~ ~ ~ >- '" 'l! ~-. ~ "'~ II i~ ~8 ",- ",'- 10 IU I +04.Jl 2.2 R +99,65 80.00 R I I ~ "'15 '"'" - '-1 ~b:l + >:'< o -'" wr'''~1 iO!t RIVIERA OOLD ESTATES I I ~ i1 UNIT ONE OJ'' PB 12, PO 110-111 ~ /TRACT "0" / / LOTJ40 I TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) IIt//TAKER ROAD ~~ N'- 3 1 ~ u'" U ...0 ",- 5ci "Co.. '" . ",'" ",'"" ",. ::!~ 8 ~ PARCEL 112 PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT S 89'04'26"! 7.7J' PARCEL 712 PROPOSED T.C.E. (404 sa. FT. ot) N 0.,'40'4J- W 104.95' 5 00'27'lS~ f 10".48' P.O.B. N 04'40'4J. W 67.87' S 89U4'26- ~ 035.0" P.O.C. DEAUVlLLE LAKE CLUB O.R. 1523, PO. 2149 T.C.E, ~ P.O.C. P.O.B. R.O.W. EASEMENT !::J..QIE;.. BEARINGS ARE'BAstD ON THE SURVEY BASELINE OF COUNTY BA~N_RpAD,,~S :'BEIf:lC;, N 00'27'15" W. LEGAL DESCRIPTION:;- AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: OESCRIPTION: PARCEL '712 CLIENT: COLLIER COUNTY TR~NsPORrATION DIVISION TEMPORARY CONSTRUCTION - POINT OF COMMENCMENT - POINT OF BEGINNING - RIGHT-OF-WAY ....t I::: NOU ..... I:::: DER &: ...... ...... ....... RUNDAGE..-. Pro(ll"iol1ll.! eqln"rI, plaD.lUIl'1, k land .urveyora CaUlarc....a,.IIaI.'-1QQ, '_'t~~_II0pH0.n."lllII(DlI,",~IUI !.ao e........,. nliMl _u1; IIod, 1_ IG" .....-.110...... n. ...... (....)____ c.r'tiIIo<o.to ot ........rt_.. II.., ". _ .... .. ..... ,..,., (UI)__IIIII '," " 'BY:' G 0 E,:W.' HACKNEY. P.M. NO. 5606 SCALE: ,".... ;00' DATE: AllG.'31 ?OO5 DRAWN BY:~ PROJECT NO.: ADA1 C~R ACAD NO:9Q73 507" FILE NO:---.J!,W EXHIBIT A PageL of..JQl Agenda Item No. 1 C February 14, 2 6 Paqe 18 of '8 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP SO SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTlCULARL y t;JESCRIBED AS FOLLOWS: COMMENCING A T THE NORTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523. PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. SAIO CORNER lYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. w.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHWf:STFR/..Y LINE OF SAID PARCEL A DISTANCE OF J5.01 FEET: THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 04'40'4.3" WEST A DISTANCE OF 67.87 FEn TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 04'40'4"" WEST A DISTANCE OF 104.95 FEET; THENCE SOUTH 89'04'26N EAST A DISTANCE OF 7.7J FEET; THENCE SOUTH 00.27'75" EAST A DISTANCE OF 104.48 F~ET TO mE POINT OF BEGINNING QF THE PARCEL HEREIN DESCRISED; CONTAINING 404 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT R[V/E~D. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) '....,.,'., LEGAL DESCRIP:tioN,'cA~b 'SKETCH SHEET 2 OF 2 THIS LEGAl DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEV17f2 c CUENT: COWER COUNlX. TR'ANs~qRTA nON DlVlSJON BY, UNDAGE.-. PI'l;lC,..IonaJ. e%l(1neel'll, p1a~l'lI. a: lalld .une1VrII ~o..:;:.~\ =,~GljTnll,== :t~: =:::::::: ~""'__U.K-.~__D_ ....(...)MI-eIIoI Y. P.S.M. NO. 5606 DATE: 6f)G 3' ~005 .DRAWN BY:~ PROJECT NO.:8q~1-C9R ACAD NO: 90n-SD71? FILE NO: 9073 EXHIBIT--L- PageL of.JQ.L Agenda Item No. February 14, Page 19 OC 006 168 PERPETUAL. NON-EXClUSIVE ROAD RIClHT-oF_V, DRAINAGE NC UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH PROPOSED RIGID OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEa LOF L ~ Ill~ PROJECT NO, 60101 PROJECT PARCEL NO. 113A LEGAl.IllStlllJ'TlQt,l"""'ULJll).II).1. ......... 1I....IIIC1lTllF..' t: :tm.Jt:~'1:;:rJII:ss ".,"'UTIQOI;. l'O....AGI I"SlII . _ElI-5ll11o\1. SlJRVUClll, ~II C.II..CQulInllOloD 0.11.. CFrlCrAl,lIi:COlIII TtIl: E&sT IT 'EElIJIi TIC fOLLo-III!; DEICRIIED flRCPElln. TlIt_TlIII2.llFTHESOUIMII2,DI'1'HtIl'I/4,1JIi ,Nt"'"4.IlFSLCTlllll'.t~I'~s.ou'K.1WIOI; 21 US,. Ctl.~lUCOUllT'. 'LOlIIDA, LUSoUlOEIC(PTIIIGl THE.U 1000s,tU TllElI[ror. oVIDLESlANOnU'r11lC 1lI[ lur ~o fEU AJIlI'H[ IOU'" 20 fElT TIlEAEOf'. --- i NANCY & DELBERT ACKERMAN FOLIO NUBMER: 0042744007 O.R. 2436,PG.1913 ~ i i _________L~=-:.~___ --------------------------------~-~-~~.~~:;~~~-- zr- , '" ~~r:rwJ:!: autrr_lIlOCItclI._ C",ItIff_ ~ = :=,,,- 1t.It_ COUN1Y BARN ROAD (C.R..268) IN(!4 OF THE HW!4 SECTIOJ/ n HE!4 OF THE HW!4 SECTION f7 RIW U,. 1 IJELC.McOlE.1'$II fWJt'eSSDIIIL 5III'lVOtIt NtD IIN'P!1t ,UJRItJA CE.IlT,r:/.TE IIIQ.kJa CDUJIIR COVNTT lIIIP.tRrJaIIT 01' ~A.rfON ~'WN BTI Jew CHEcKED BYI Sf" DRAWING DATE I D8-IS-OS SCALE I I ~.SO' EXHIBIT )J Page--1L of.JtL Agenda Item N February 14, Page 20 10C 006 f68 PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT PROJECT NO. 60/01 PROJECT PARCEL NO. ~ It.... . RICHT OF' WAf lS . L4NO SURVETOR LB . LICENSED BU$INESS P.D. . PLAT 8001 PC. . PAGE PS" . PROFESS I ONAL SURVEYOR a IMPP€R r:.R. . COOttTY ROAD D.R. . OFFICIAL RECORD I I I I I I I I I I I ~ I I I I ,- I I ~ I I I I I I I- ~ ~ 1 \ e 913 LEGAL DESCRIPTION AND SKETCH SHEET .LOF .L ~ :(~ (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST CO~LIER COUNTY, FLORIDA LEGAL DESCRIPTION. PJ,RCEL NO. "3 THE WEST 10 rEEl OF THE EAST SO FEET OF THE rOlLOWINO DESCRIBED PROPERTY I THE NORTH I/l. OF THE SOuTH 112. OF TI-lE NW l/~. OF' THE NW I/~. OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE :16 EAST" COLLIER COUNTY, FLORIDA, lESS AND EXCEPTING THE WEST 1085 FEET THEREFor. AND LESS "NO E:)i:CEPTINO HIE EAST !So FEET AkD THE SOUTH 20 FEET THEREOF. WEsr /"IIDI'fRTY Wit NANCY & DELBERT ACKERMAN FOUO NUMBER: 0042744007 O.R. 2436, PG. 1913 ~ I i 10' '-EAST=RrrUIIEl =~JI:f~a;m Ex.R/W U,." T EIC.R"" !'0If CUJNTreNfltROtlDICR.Z66J ffUtrH rNflE.SJ COUN1Y BARN ROAD (C.R. 268) 1M v., Of' THE NW ~ SECTION 17 NE ~ OF THE INI v., ster/ON 17 R/W UfIJ ~~Or::,~;~~~,~" of Floc'd.. LlC 4111 Lana O'Laku Blvd. Sull. 210 Land 0' L'kos, Florldll 34839 Phone: (813) 996-Z800 Fax; (813) 996-1908 Cartlf/clIlf! of AulhorlxallOn No. 7110 Joel C. McGu, p.S.M. No. 8,00 R/W UfIJ OF?AWN 8y I JCM CHECKED BY. SP DRAWING DATE_ 08-18-05 SCAl.E_ 1".50' CfX.L/EJ/ CVUNTY DBPA.RTMENT OF TRANSPORTA.T1ON EXHIBIT A PageJL of...Jll PERPETIJAl, NON-EXCLUSIVE DRAINAGE AND UTIUTY EASEMENT Agenda Item No. 10C February 14, 006 Page 21 f 68 PROJECT NO. 60101 PROJECT PARCEL NO. 813 LEGAL DESCRIPTION AND SKETCH DRAINAGEIUTILITY EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~EGAL DESCRIPTION. PARCEL NO. 813 SHEET LOF L ~ ll!l~ THE WEST 13 FEET Of' THE EAST .40 FEEl OF THE FOLLOWING DESCRIBED PROPERTY' LEGEN(h "II' . RIGHT OF .AY loS'LAHDSUAYEYM L8 . LICENSED BUSINESS p.a. . PLAT BOOK PC. . PACI "SII . PROFESSIONAl. SURVEYOR a lMJ'PER e.R. . CllUNT'r ROAD O.R. . OfFICIAl. RECORD r r r r r r I r r ; r r r r r ~ I r I r I r I I I I r r ~' I I- "'-1 I r ~ r I r :~ r r 1 16 1 r R/W .. \ \ THE NORTH 112. OF THE SOUTH 112. OF THE NW 1/4. Of THE NW 1/4. OF SECTION 17. TOWNSHIP 50 SouTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, lESS AND EXCEPTING THE WEST 1085 FEET THEREFOF, AND LESS AND EXCEPTING THE EAST SO FEET AND THE SOUTH 20 FEET THEREOF. trC$'T'PfU'ERrf/JItE NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG. 1913 IS DRNNN;E ANO urJUTY EASEMENT _LCf)IIS~Oi~~_____ ~ i i u.. 'EAST~LmlJ RIW'af =-"'Iw-~EICA" rD/lfT'flJNWllPtOtl:.It.IIiII IfIfDF'IfVNllf:St COUNTY BARN ROAD (C.R.268) IN! v., OF THE 1M v., OF SECTION " ME!/.f OF THE 1M % OF SECTION 17 fij American 'III'. Consulting Engineers of Florida, LLC 4111 Lllnd 0' LII/{Ilt Blvd, Sllite :>1(J Lllnd 0' La/{u', Florid. 3463~ Phon.: (813) 9~6.28(JQ FIx; (1l13) 896.1908 Certlfiell/II of Authorization No, 7110 Joel C. MoG.e, P.S.M. No_ 8430 COUJBJI OOUNTY DBPARTMEN1' 01' 7RAM1PORTA 7fQN R/W UfII DRAWN BY I JCU CHECKED BY' SP DRAWING DATE_ 08~18.0S SCALE. 1-.50' EXHIBIT A Page-Lf of~ Agenda Item No. .OC February 14, ' 006 Page 22 f 68 PERPE'Tl.W., NON-€XCLUSIVE' ROAD RIGHT -of_v. ORAlNA<:. ANO unUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 1136 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLlER COUNTY, FLORIDA SHEET .LOF .L JL Ti!l~ LEGEND, RIW . RrCHl OF WU lS . LAND SUltyt'l'OR LB . LICENSED lIuSIH€SS 1'.8. . PLAT BOOK PC. . PAGE PSW . PROf'ESSIOfrIAL SURVEYOR a WlPPER C.R. . COUNTT ROAD O.R. . OfFICiAl RECORD LEGAl. DESCRIPTiON. PARCEL NO. 113B Tiff: lIEST .40 FEET OF THE EAST 90 FEET OF' THE FOLLOWING OE5Cllllto ~ROPtRTYI THE SOOTH 20 FEET OF' THE NORTH 11'2. Of' THE SoutH r 12. OF Tit[ HI' 1/.4, Of' THE HW I "'. OF' SECTION 17, TOWNSN'" SO SOUTH. RANGE Z6 UST. COlLIER COUNTY, FLORIO". COlliER COUNTY O.R. 3795, PC. 309.4 I I I I I I '-- I I I I "'ANCT a DELBERT ACKER~N O.R. 1"36, PC. 1913 _L~1U~~___ -------~~~:;~~~~~~~~---- "-PRJPrJSCDIlIlt'UIIE R/W U,. \CASrPR:lPCRTrUJIE6 '/JJif,~w.t:fz,.268J RIW Une e ~":.wlKWJfC.It1MJ IWI01'If'lNrlCSJ _* OF THE ffif% Of'so:rOlI1 lIE * OF rItE IIW 14 Of' $tCT1OII f1 COUNTY BARN ROAD (C.R. 268) ~American "lI'a Consulttng EngIneers of Florida, LLC 4111 LllflrJ 0' L,kes Blv(/, Suit, 210 Lind O'Laku, FJorld1l341139 Phone: (813) Ull.2800 Fu: (813) 9gS.1Q08 Cerlificllte of Aulhori~.tlon No. 7110 Joel C. McG86. P.S.M. No. 8430 ctJUlBR COUNTY DBPARTMllNT OF ~T.417ON DRAWN BY I JCW CHECKED BY. SP DRAWING DATEI 08-18-05 SCALE' 1",50' EXHIBITL ~ liP of (PI -- Agenda item No. 10C February 14, 006 Page 23 f 68 ~ CONSTR1.lC'T1ON~NT (DURATION: 3 . 1'R0I0I OQMMENCEMENT ~ PROJECT NO. 60101 PROJECT PARCEL NO. 7138 SHEET ,LOF .1.. JL LEGAL DESCRIPTION AND SKETCH >!!l ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION' PARCEL NO. 7138 LEGEND, RIIJ . RIGHT or WAY LS ,LAND SURVEYOR LB . LICENSED BUSINESS 1'.8. . PLAT BOOl PO. . "Act P$W . PROFESSIONAL SURVEYOR I ~A C.R. . COUNTY ROAD O.R. . OFFICIAL Rl:CORO THE 'lEST 90 fEU or THE [AST riD FEET OF' THE fOLLowING DESCRIBED PROPERTY I TH€ SCUTH 10 FEET Of' THE NORTH 112, Of' THE SOUTH 111. or THE Id 1/4. OF THE NW 1/4, OF'SECTI0tI17 TQ1lNSH I P 50 SOUTH, RANOE 26 EAST. COLL I EA COUNTY. F'Lll'UOA. COLLIER COUNTY O.R. .3795, PG. 3094 , I I I I I I i-- I I I I NANCT 8 DELBERT ACKERWAN Il.R. 2"'36. PG. 1913 _L~1IX:~~___ R/W U", I I I I \ -- \ \.EASTf'ROI'fRTl'/JNC' WC!>rEffUfl/JI /JIIIE OF canm' BARIl lION; (CJl.SI -------~~~~~M~;~~~~~;--- f'fIOPOSED R.IfI (NIl R/W Ure a ~F(lIIf&WN WlNJ lCJt.tIW trlNJTH VN/lESJ NI/I~ OFTHC""~ O1'SECTOI" Ii! ~ OF rife 11II1(, OF S<<fDIIIT COUNIY BARN ROAD (C.R. 268) f'ij American .,. Consulting Engineers of Florida, LLC 4111 LBndO'L'/<.U Blvd. Sullf/.210 L'nd O'L./<.u, Florid. 346351 Phon.: (813) 51516.2300 FlU(: (313) 9516-1903 e,ftlf/cst. of Authorlutlon No. 7110 JaIl C. McGIll, P.S.M. No. 6430 ctHJJER COUNTY DBPARTMENT 01' ~TA.1fON DRAWN BYI JCM CHECKED BY I SP DRAWING DATEI oe~18.0S SCALE_ 1",50' EXHIBIT IJ PageJ..'L of-LLL PERPEn.W., NON-EXClUSlVE ROAD RlGHT-oF_V, DAAlNAGE ~ unulY EASEMENT Agenda Item No. February 14, Page 24 IOC 06 i 68 PROJECT NOI 60101 PROJECT PARCEL NOI 114A LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ II.... .II'GlllOt.U lS 'L~SUllVt:'OI'I U'L1CEJG(DauSINE$5 p.e..PlUIOCIIl !'G,.JlAC( 1'W'~ElSIOlll.l.SlM\I('llIl'-':1I C.II..touIIIlTlIO.VI D,II..ornCI&l.Il(CfllIIO ttG<ll.DESCIlIPTIOII'''''''t[LIIO.IIU. MU$T0I1,rUTOfTMC1ll.LOIJ!NGDI:SCIlIMD 1'll00001ln. SHEET .L OF 1.. 30' .~ TOI(.n "7.5 1UT Of THt us' U7.~ TEn Of 'II[ SDl/'H'rlOfTIlI5OU1HIJ2IFTIl(.SIl"(OITH[ SWl1401'SECftOlll,TDaISH'PSD5OUTM,IlNlO[ nE.ST.tllt.LIU~TY.rLOAID4,tns.'s'oaT IlCtAO EutWiN"J AL(JHc: THE IllUTIl EDGE THt:llEtlP". WEST PROPEF(rr"UHE FAITH APOSTOUC CHURCH, INC. FQUD NUMBER: 00406280000 O.R. 2867, PG. 1415 ~ i i LCWiSTIU:TKJIt CASEIltJtT ------- ---- R/W Ure "'" a ~.1f,IW FOIl 8NlNRJN)(CFl.I!IilJJ rt/IDTH VJR/ESI 5lf'!40 OFTIfESWy.. SEr:TIOH/J sc y.. Of ritE S1I1 ~ SEr:rIOlt" RI'W U;;; ,~"" COUNTY BARN R.OAD (Ca. ) --I .xJfLC.Mr:GEC.1"SII 1WJftSSOlN...5tWIEl1JIfMKJIllHEIf FUJI'IDA.CE1frIf~E_6fJO ",~American "'.a Co~.ultl"lI EMllln.... or Florid., LLC 'Ill L.ncl 0' LUu BNd. !fulll ~10 tUdO'LU",fl.rl<ioJ4UP P~on.: (UJ) '10-2800 fue (813) U8.1501 CHrlfl..,. .r.o\umo"'./lonN., 7110 CDu.HJ1t crJVNT1" DlIPARTNJlN7'tJIIf ~A77ON OItA'IlN BV, JeW CHECKED BY, 51' DRAWING DATE. oe-la-05 SCI.LE"-.60' EXHIBIT A Page..JlofJL Agenda Item No. OC February 14, 006 Page 25 68 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIONl PROJECT NO. 60101 PROJECT PARCEL NO. 714A SHEET 1.. OF J.. ~ LEGAL DESCRIPTION AND SKETCH i!i ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND, R" . RI(lHT OF wAY LS 'LAND SVRVf;YOR L8 . LtC[NSED"BUSIN[SS P.8..PlAtElOC*. po. . PAC[ PSII' . PROFESSIOtW. SURVEYOR a .w>P[R C.R. . COUNTY RO.&O O.R. . OFFICIAi. RECOflD I I I -"'-i I -r- war fJfCJ/'fRrr UNC LEGAL OESClUPTION . PARCEL NO. 7.4 THE IleST 10 FEET r6' THE [A51!lO FEET OF THE FOllOWINC DESCRIBED PROPERTY, THE WEST 3/'1.' FEU OF THE us, 3U.5 FEET OF THE SOUTH 112 OF fIfE SOUTH 112 OF THE S.1/4 Of' THE S. 1'4 Of' SECTION " TOIHSHIP 50 SOUTH, RANGE 26 [AST. COLLIER CauNfl', 'LORIOA. LUS A l!i FOOT ROI.O E.lSEIoENT ALOMG THE SOUTH EDGE THEREOF. FAITH APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O,R. 2867, PG. 1415 ~ i i JO' CONST'RUCT'ION EASE"''"' I I " " I" ORAINABE, UTlurr EASEIIEHT\ ----r ~ \ -~~A$Tf"'lla'CRTY/JIIE..1 RIWFOR rJJ:frRUtvWUII!rI QXMl'1'BNW IlWO 1CIt.5IIJ BNlf/ItONJIC./LItIBJ ffIIDTHV~SJ \ " I RIW Ure sw ~ OF THE SW * SEatON 8 5E ~ OF THE S'(( ~ SECTION 8 COUNTY BARN ROAD (CJU68) DRAWN BY' JCM ~American 'IlIr. Consulting Engineers of Florida, LlC 4111 '-end O' LakfJs Blvd. Sulta 2fO Land 0' Lukas, Florldl J4lJ3" F>!lr.ma: (813) ""15-2800 Fu: (813' UI5-1908 Cerflfleat. of Aufhorizaflon No. 7110 Joel C. McGIl'. P.S.M. No. 1!1430 COUJ11R COUNTY DBPARTMBNr OF 77IANSPORTA770N CHECKED BYI $P DRAWING DATEI OB~18-0S SCAL.E_ 1",60' EXHIBIT A Page-LL of Ii I Agenda Item No. February 14, Page 26 10C 006 f08 PERPETUAL, NON-eJ(CLUSIVE DRAINAGE AND UTR.ITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 614 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UillITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSffiP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEU .LOF .L ~ !o!l~ ~ It... . RIeHl' OF .AY LS . LAfrID $URVET(lq LB . LICE.HSlD BUSINESS ".D. . PLAT BOOK PG. .PlCE "5" . PROFESSIONAl SURVEYOR. IMPPEA C.R. . COUNTY ROAD O.R. . OFFICIAl. RECORD IJtsrl'Rftlm'UIIE LECAL DESCRIPTION. PARctL NO. 1114 I --I I I I I I I -~ I ,1:0",,1 ~ I ~~I ~ I ti bl ~~ ,bll:(J I I I I > I I I~ I I ~ ill :~ i ~ j I I r I : I I I I I I I THE IItST 13 FEET OF ritE [.\ST 40 FEET OF THE II'OI.LO.'NC DESCRIBED PRQPERTl'. THE -':ST !1l.S FEEl or THE EAST 3if.S fEET Of.' TIf[ SOUTH 112 Of THE SOOTH 112 Clf' THE S. "4 Of THE 5. r /4 OF' 5iCTION', TOWNSHIP 50 SOUTH, RAHat 26 EAST. COLLIER COUNfT, FLOItIOA.. LESS .. IS '001' ROAD USElIIENT AlONG TME SW'rtl EDGE TH(R[OF'. FAl1H APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 ~ ~ f S '-CAST Pfa1iCfIrT lMf. WESrCItURhI /JIfE II'" COlI/m'8NtIt/lONJICR.aTIJ sw '1.. OF THE SW ~ OF SEcrfON 8 R/W .Jl~ _ SE ~ OF THE SW J!.t OF SECTION 8 ~~"~I~~~~~.~" of FloIId., LLC 4111 LIIMI 0' Lllk(13 B/lTd. SUltll 210 Land 0' Lllk.~, Florid. 34"39 Pilon.: (B13) llSfl.2800 Fu: (813) P9fl-190S Cerl/fle,t, of Author/Zltlon Nt>. 7110 Joel C. M(>(J.., P_S_M. No. 8430 CXJUlBR C'OlINTY DBPARrMBNT OP 7'7<<NSPtVlTA. T10N COUNTY BARN ROAD (C.R268) DRAWN BY, JeLl CHECKED BY. SP DRAWING DATEI 08wIS-OS SCALE_ I w.60' EXHIBIT A Page~ of 1.0 I Agenda Item No. 10C February 14, 006 Page 27 f 68 PER~ NON ROAD RIGHT.()F -EXClUSIVE AND UTIUTY'WAY. DRAlNAGf EASEMENT LEGAL DESCRlPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP SO SOUTIl, RANGE 26 EAST COLLlliRCOUNTY,FLORmA SHEET L OF 1.. 20' ;;!(~ PROJECT NO_ 60101 PROJECT PARCEL NO. I 1"8 _T1I11Ilf1l11>01.11 a.R..n.fIG. J" ~ . :i ~ ~ """""- II.... ,1I10ll1lll'1AT tl:t~~~r:l€ss 1'.........,100II PG.,PAOl ""'.PIIlII'UIICIII....WflYtlDII.1Ml"t1l c:.II..CCIUIITY_ O.lt,'Ol',rtlAl.II[tDllll UQlol.llUCIl'PTION ,'ARCllllCl. II.' TII,IItST,o,E!TOl' Till; U$r loontllll' Till SOUTH "Fltlll1' TI!t'll.lCllINGD€SCIIIKO I'lIllPtllT1. THE IllEST SIT.s HET llI' Ill( UST 311.5 'E[1 OF 1. SOUTH'~ Of" TiC SlXlTH Illlll' 1M[ 'I II. OF 'IE S.'/4r1KC'lllIf'.T~II'SO:lWTH.IIANllI; 2'U$J, tCl.LIEII;OUlln. 'LOll to". FAITH APOSTOllt tttUIICII, IIC. Q.II."ST,PG.r." -CrIMiM'fltJAl)WlIt'DRAlNN:E, .. UTILITY CASEI/ENT .---C~1lK:~~ L:~f)_~~IH~:.v.!~'~_E~~~ PooPrJSEDf/AlfLINC If/ft Uno - R7w Lln. EAST PWJPERrr LINC" W~STeRLr 11/11I WIE OF CW111YfWI1IRIl.lDrc.R. I'M' I!Jt.IIIWFOR r:aJNrf8N/llROADIC.R.26IJ rwIDTHIINltE$J COUNlY BARN ROAD (C.R.2lSB) sw v., OF THE SW V., SECTION 8 SE ~ OF THE 5W ~ SECTION 8 RNUM ,lllfl.C;1ttlU.1'fII _ns&WAl;JMM;I1lIIMO/Ul'f"t.1f FUlIlIOICOfr'1CJft -.101 Ii.i e r "'a con.ulllnll Enllln..r. of Florid., LLC 4111 UndO'L.lcuS!vd. flvll.UD LudO'i....,F/or!d.'4BU Phon., (SU) ....UDO Fu, (BU) US-fOOB Corllf!o.r. o''''gMon..tlonNo. 71fO aIUlllR a:KJN1T l1BPA./l'I'NllNI'tJII7JU.H!If'QIfTA'I'ION tmAIN S'h JeW CHECKED BY' SP DRAWING OAlEI OB-I&'05 SCALE. I ~..O' EXHIBIT~ Page~ 0C7Cl Aoenda item ~'O. 1 DC ~ February 14, 006 Page 28 -168 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. 71. B SHEET 1.. OF .L ~ LEGAL DESCRIPTION AND SKETCH ti!i ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ Ml.RTI'" ROPPOl.o . O.R. liS1, PG. "1 , 'I:: I '~~ I , , I I 'I~ ! ~ ~II I~ I~ I~ ,~ ) < ~ r > , ~ 4'5 I , , 52' CONSTRUCTION EASEI.I~N~ , , THE LEGAL DESCRIPTION. PARCEL NO. 714 B THE WEST 52 FEET OF EAST 152 FEET OF SOUTH 15 FEET OF THE SW 114 OF THE SW 1/4 OF SECTION a. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ R/I' . RIGHT c.' .." L$ . L4NO SURVEYOR La . LICElrCSt:D 8USJlifE5S P.B. . PlAT BOOlC PC. . PAGE PS.. . PROFESSIONAl. SURV[T()'l:' .......[11 C.R. . COUNTT ROAD a.R.. OfFICiAl R[CM[) -C"NG SO' 110/00((.,., DRAINACt:, &0 UTIU'Tr EASEMENT fAITH APOSTOLIC CHURCH, IIC. O.R. 21&1, PG. r..$ COUNTY BARN ROAD (C.R.268) ~COHSTRfJCTION E~ :~ ! L:~o..~~~~,-u.!~/T}_E~~,,! il ~ /C~-~ ~-1" L __ R/'ff Line t:: lQ EAST ,.ROPERTY LINE I- ~ il: WESTERLY R/W LINE OF .... ~ COONTY BARN ROAD (CR. 268J ~ ~ SW 'l4 OF THE SW 'l4 SECT/ON 8 SE 'l4 OF THE SW 'l4 SECTION 8 II RI'M FOR COONTY BAIUi ROAD feR. 2S8J fWlDTH VA!lIESJ R/W Lln, ~~"~,~~~~,~.~" of F'oc'do, LLO 4111 Land 0' Ls/(u Blvd. Suit. 210 Land O' Lllke,. Florida JHIJP Phon8: (813) Q96-2800 FlU: (813) 99/J.190e C(!rllflcst. of Authorllarlon Ho. 7770 Joel C. MoGst, P.S.M. NO. 6430 COUJBR COlJNTY DEPAltTNBNT OP 77lANSFORT....1JON DRAWN BY. JCU CHECI(ED BYt SP DRAWINC DATE. 08-18~05 SCAlEI 1..../10. EXHIBIT If Pa~ JlJ.. of-1f.L TlOM1>OMRW'DfI,NeNAY RFSTCl~ eASEMENT (DV;\i.1lOItlypRS FROM COMI.IE"~'" f11 C()NSTRIJCTION) Agenda item No. OC February 14, 006 Page 29 ~ 68 SHEET ..!.... OF J... ~ LEGAL DESCRIPTION AND SKETCH li!i ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PROJECT NO. 60101 PROJECT PARCEL NO, 714 C WEST p/tOPERrr LINE lECAL DESCRIPTION ~ PARCEL NO. 11~ C il! " I;; ~ THE WEST 52 FEET OF EAST 152 FEET OF THE NORTH IS FEET OF THE NW 1/4 OF THE NW 1/4 OF SECTION 17, TOWNSHIP 50 SOUTH. RANCE 26 EAST. COLLIER COUNTY, FLORIDA. ~ ~ MARTIN ROPPOLO FOLIO NUMBER: 00427320004 O.R. 657, PG. 797 52'TEI./PORmY DRNE:WAY RE5TORATlON EASEMENT LEGENDI AIW . RIGHT OP' w.n LS . LAND SLftVETOlt LB . LICENSED BUSINESS 1'.8. . PLAT BOOK PO. . PAGE PSIoI . PROFESSIOHAl. SlJltYEYOR . Yo\PPER C.R. . COUNTY !lOAD O.A. . OF'FICI4L MeMO LXISTlNG SO' IKJA/JIIIY. OIWNAGE. & UTILITY EASEI/ENT I"' :3 ,>< :~ ,"' I ---1 1 RIW Line - r RIW FOR caJNTr 8MN ROAD tr;.R, 2Ji8} (WIDTH VARIES) ~EAST ~ER1Y (.INE " WESTERlY R/W LINE OF COUNTY BARN ROAD (C.R. !!ElI1 !WI 1'. OF THE: !WI Y. SE:CTlON /7 NE: 1. OF THE: !WI Y. SE:CTlON /7 COUN1Y BARN ROAD (C.R.268) Ifj American "'a Consulting Engineers of Florida, LLC 4f11 Land O'LII/(u Blvd. Suitt 210 LIIIHi 0' Lllk.., Florid. 3483~ Phone: (B13) "98.2600 Fu: (813) """-fIl08 Certiflcllte of AlJflto,iz.tfon No. 7110 Joltl C. MaG"". P,S.M. No. (1...30 I I 1 1 I I 1 I 1 1 I I I I I I 1 1 ) 1 I I 1 , 1 , I ,~ I ~: 01 :XI I 1 I I I 1 il!1 '" 1;;1 ~I ~: ~I ~I ~: I I I : I --i---1 I I I I I CCJUJBI/ crJlJN7T IJ/lPARTMBNT OF T/lANSPORTA77ON DRAWN BY' JCM CHECKED BY. SP DRAWING DATE. OS-[8-05 SCALE. 1".040' EXHIBIT --.LL Page~ of-Id Agenda Item NO.1 C February 14, 2 6 Page 30 of 38 FEE SIMPLE INTEREST PROJECT NOI &0101 PROJECT PARCEL NOI 115 LEGAL DESCRlPTION AND SKETCH PROPOSED RIGHT OF WAY (NOTA SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .LCF 1- ~ III L..--" "'''''' 5ECTDI. WEST PffDP~1IT'f UIIE LECf:IIO. RIW. IUCllrM.., LS 'UlGSlMVf.lDR LI . LICillSCtleusuG:SS P.Il..,'u'~ PG..".... ""'NOF"ESSI~krIM:'DR'IlIoU'I'(R t.Il..CClUlllfYltO.WI D....or,.ClALIlECOIID LEDAlDESCIlIli'TIOH'P ltD. 115 'Kr':Sl!iOF[ETllFT[EJ.!.I1DorE[TO&fHt JrIOIIITHII2m:fH!SOU II2OfTH!SWlI<4OF THE 51 '~4 or SECTION t. TOIlWlIP SO 5llUTH. RJ.ltCli.:tCUST, COlLIE COUNTY, HilliN, BARBARA F JONES TRUST FOLIO NUMBER: 00404200008 O.R. 2450, PG. 893 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , " " " " " " " " " ++ '" '" '" ! ~ ~ ______________~_u~ ~ COUNTY BARN R.OAD (C.R.2611) Mf' u,.- -r----l---~- JtJE.Lt.Mc<<'f'.1"SM ......!SSOiAj, $U'lVfJUf ..., IllHER FIJJIIItJ4 CERrIFICATE -. HXl ~American 'Ira ConsultlngEnglnlllrfttlfFIOrldl, LLC 4111 LUll 0' L.~u Sl~d. S"II. 210 L.~dO'LU.u. FloNd.HII'U Pho". (813) U'.UGG Fu: ("3J UII.HO, curmo.!. I;Jr AulhoriUII~~ No. 7110 a1UJI1Il CDUN1T ~DI'~A71ON ORA," BYI JCW CHECKED BY. SP DRAWING DATE. 01-13-06 SCALE. I ~-IOO. EXHIBIT Il Pagea of-.w. Agenda Item No. OC February 14, 2 J06 Page 31 0 68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 718.1. AND 1188 PROPERTY OWNER; WOODMERE RAOUET CLUB REFERENCE: 0 R 2820 PG 4fill AREA OF TAKE: 1 140 so. n. :1= TOTA' 0 '<( 0 i!: ~ "'0 . '<(",,,, ::EoQ. ~~..: 0 0 )..5::!~ + "' ","'", ... ~ '" d 0""' z'" '<(... z'" "'<,:j SQ. ~. 0> w'" ,-,,,", fg: '<('" Qd ~ w'" -1- Gj<.:i i2Q. -,0.0 f:JO ::E~ ~. '" d <Il -Ir:; '<('" ~~<,:j 0'<(Q. "'''' . ):w""' 'o:(~~ ::Ei5: '-'''' d P.O.C. P.O.B. R.O.W. ~ POINT OF COMMENCMENT ~ POINT OF BEGINNING = RIGHT-OF-WAY 8 + ... ... '" ci 0: >-- ~ V> "'il ~ ~ I a !:2 ~ ~ >-- ~ ~ o o + <0 ... + 4.21 50.00 o o + '" ... o <3...... "'~ <:. ~C! ",'" c'g <:- 5'-" '-' +21.19 50.ao'R +J2.21 llD 50,00 R 8 + .... - +II.'9 sa.QO'R:3 ;" k'o ....'" ~5 . "- 8'" <: 8 + " ... 8 + N " ~ ~ ~~ N~ 0:l ~ '" C(t::O> ~",O> 1:;;-,- Q.:::J<,:j ~8Q. Q. -~ . 0"'0 z~~ '<( - -I '" . S!~~ '" TEMPORARY CONSTRUCTION EASEMENT M ENCEMENT OF CONSTRUCTION) L8 'Il{L,j+l ~~~ " ... ",. [jbj51 '-''''s! Cl:::~6 a':lt..: ~ PARCEL 71 BB PROPOSED T.C.E. (l00 SQ. FT. ,,) co P.D.B. PARCEL 718B (j ~ '" '-'0> gs<o ",'" '-'<j <:Q. '<( 1'=0 "'''' -co g;:", '-'. 0:: tgd iE w " :J ~ ~ g: >-- ~ i5 iE 5 V> ~ ~ P.O.B. PARCEL 71BA ~ ~ c ~ frj :::J -I o '-' - Lf L2 LJ L< LS L6 L7 La L9 L10 lrNF' TARtE LfJjffij 29.88' 10.00' 10,00' 10,00' 10.00' 111.02' 52.0/' 20.00' 52,01' 20,00' ~ BUIIiWi N OO'42'47~ W N 00'42'47- W S B9'42'47- E S 00'42'47- E N B9'4-2'4-7- W N OO'4-2'<f.7" w N 00'..2'...7" W S B9'42'<f.r E: S 00'42'47- E N 89....2...7" W = BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS.B.!!'IG N 00'27"75" w, LEGAL OESCRIPTION'AWQ::.$K.tiCH SHEET 1 OF 2 OESCRIPTlON: PARCELS,.;P:!lA..'lI.ilIO";J,8S", . CLIENT: CQLLlEK:Go N1')':' !f!ANSPORTA110N .DIVISION ~ THIS LEGAL DESCRIPTION AND SKETCH P~EPA~EO ay: ..... .... .... ..... ..... ..... ...... ;::;:: RUNDAGE,-. Prof_lonal .n,ln..tw, plannen. ok land. 111"",.01'1 _.....'" NY aoo. '_T_Tr&Il.",,~ II...... ",MIDI ("'''''-1111 t.H =:.::-:, =-':::-=w~a:.. ~ =" "'..;: t== GE SCALE; 1-'" Ro' DRAWN BY;~ PROJEtr NO.: 8081 CAR ACAO NO:9073 SD71B fILE NO: 9073 EXHIBIT A ,/ Page&. of.....Le.L Agenda Item No. OC February 14, 2 106 Page 32 0 68 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM C MMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "A ") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIOA, BEING MORE PARTlCULARL Y OESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHIWOSTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA, SAIO CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAO (100' R.O. w.); THENCE NORTH 00'42'47" WEST ALONG SAIO EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150.90 FEET TO THE POINT OF BEGiNNING OF THE PARCEL HEREIN DESCRIBED: SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA THENCE CONTINUING NORTH 00'42'47" IWOST ALONG SAID EASTERLY RiGHT OF WAY LINE A DISTANCE OF 52.01 FEET; THENCE LEAVING SAIO EASTE/lL Y RIGHT OF WAY LINE SOUTH 89'42'47" EAST A DISTANCE OF 20.00 FEET: THENCE SOUTH 00'42'47" EAST ALONG A LINE 20.00 FEET EASTERLY FROM AND PARALLEL WiTH SAID RIGHT OF WAY LINE A DISTANCE: OF 52.01 FEET: THENCE NORTH 89'42'47" IWOST A O/STANCE OF 20.00 FEET TO THE POIN T OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: CONTAINING 1,040 SOUARE FEET OF LANO MORE OR LESS: SUBJECT TO EASEMENTS ANO RESTRICTIONS OF RECORD: ABSTRACT NOT REVlEIWOO. AND LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "B") A PARCEL OF LANO LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIOA, BEiNG MORE PARTICULARLY OESCRIBEO AS FOLLOWS: COMMENCING A T THE SOUTHIWOSTERL Y CORNER OF THA T PARCEL OESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. w.): THENCE NORTH 00'42'47" WEST ALONG SAID EASTERL Y RIGHT OF WA Y LINE A DISTANCE OF 29.88 FEET TO THE POiNT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" IWOST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET: THENCE LE:AVlNG SAID EASTERLY RIGHT OF WAY LINE SOUTH 89'42'47" EAST A DISTANCE OF 10.00 FEET: THENCE SOUTH 00'42'47" EAST ALONG A LINE 10.00 FEET E:ASTERL Y FROM AND PARALLEL WiTH SAID RIGHT OF WAY LINE A DISTANCE: OF 10.00 FEET: THENCE NORTH 89'42'47" IWOST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREiN DESCRIBED: CONTAINING 100 SQUARE FE:ET OF LAND MORE: OR LE:SS: SUBJECT TO EASEMENTS ANO RESTRICTIONS OF RECORD: ABSTRACT NOT REVlEIWOD. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIOf , ..... .... .... ..... ..... ..... ...... ::==:: UNDAGE.-. Prof..IoM.l 'name"n, plllnnet1l. ,Ie knd INnII}'ON eoa.. CIo_l;J>..... _7f00-"; tnlI, ~ ...,a., fL "I. '_)""_1111 1.. =--:.=*"'--=:::-~~ ~'::--- 11...,: f====: LEGAL DESCRIPTION AND .SKpCH SHEET 2 OF 2 DESCRIPTION: PARCELS ?1.BA Art -,?18,~ CLIENT: COLUER CQUN ANSPO TATlON DIVISION . . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ,BY: GEO GEl'!. HACKNEY 'P.S.M. NO. 5606 SCALE: NT S OATE: Aue; 73 ?OO!'i DRAYiN BY:--...JAti PROJECT NO.: BOB1-CBR ACAD NO: 9073 Sl'l71R FILE NO: 9073 EXHIBIT A PagediL of....J.d. Agenda Item No. February 14, Page 33 OC 006 f68 PERPETlW., NON-EXClUSIVE ROAD RIGHT-oF_V, D1WNAGE AND U11UlY EASEMENT LEGAL DESCRlPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNlY, FLORIDA SHEE:T1.OFl. 50' 'rit.,~ PROJECT NO. 60101 PROJECT PARCEL NOt I (9A-1 __---L_______l____________----L__..--!!!...~'! ~tCAL DtS~J~!lOOl . P~"C.!:L NO. 111.1..1 COUNTYBARN ROAD (C.R.268) _VI rF"-S'If % trSft:l'''''' EIt.R/WFOIt MEV, rFlhlSWV. dSCllClnI CXkIIfI"t'SIAN fI1JNJfCR,tS8I f1IIOT'/fVN/lESI fiiVi"Thi- ---C=--1UIST~-;;;;;;;;;-- IJT'lurrE.~IIEIfT' -~u;" THEUST50l'EtTOI' TH[lfEST 'OGrEUOFTH.!: l'OI.LlMINClDESCAIUDPAOI'ER7h THE SOUTH r 1'2 Of TNE SOUTH I J2 OF ntE NI: "~ F TN.!: s. I/~ SECTION I. TolII\'SIIlP SO SOUTll, II.t1lD n [AIT, COI.L1UCOtlNH, FLORI[).\.. HImn.AND PROPERTY OF LEE & COllJER FOLIO NUMBER; 00403160000 OR 1200, PO. 199 ~ i i ~ I i -""""- 1I1W.IIIIlllTOFti' tI:t~J~Il[SI P....I'I..T.OC' ~. ,pJ.Ol 1'SIiI.~E5SIOll-.!.foUII\1'CIl'UIPPtIl C,II..CllUlllYlIOAO O.Il..IlF'ICIAl.IliClRl JXLC.Iif&EE,P5JI PIIDFESSIONN.. smNf:r()R NiD JlJPPER ,U1R1DIt C~If1'IFr:Kf'r. fta.M.JO "c CCI.UliI< axnm- DBPA/lTIDlNI'DI'~A.7'1DN OR"" 8Y' .ICM CHEClI:tDBY, SP DRAWlNO DATE. D8-L8-0S SCALE I I ~.IOD' EXHIBIT A ~.Q'7 of-1iL Agenda Item No. OC February 14, ' 006 Page 34 68 PERPETUAL, NON-excLUSIVE ROAD RIGHT-oF-wAY, D1WNAG. AND UTlUTY EASEMENT PROJECT NO. 60101 PROJECT PARCE~ NO. I J9A-2 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNIT, FLORIDA SHErr LOF L 10' .~ F//W U,.. ) I R/'rIIlJ,. - a]~" __-L__-::._=_:.-::::___=~=~____ fWIOT'H=SlROJD/CJl.2ti8J Nt1":;S"r~R';'~IM.' (C R. 261) EASTERIJ' IVW wle OF ~-- ___ CWIITT ~ ">>D fC.R 2681 ----------wwu,., --~~~~~~~-- ---------------- ~ ~ ~ ~ ~ o~ ~~ "'~~ ~a..,. "v~ ~go ..,," i:~'" ~~= t3~~ ~oo !~ " 51 ~ I i , , , , ~ '" il' " , , , , I , , , , , , , , , ~E!;i'L SC"IPTIDlj. I'AAcnr. II"" rNE EAST ~D rEEl OF' 'II[ .~T 100 rUT Of 'IC HOIITN I a. or 'Il( S. t 14 OF'I"I!: Nl I/~ CI' THE S. I/~ Of Slc:nClH I, To.tf$Hll' 50 'OUT". 1l.\Nlll" U$1. CCl.~IU CCUITT. non 0'. un TlG:_,... JO'UT TMUEor. ." "" -""""- 1I...IIIGHfDFII,lf ~I ; tmlll>~':;~IIUI ".Il..P\.ATIIlICll 1'0.......0[ ~.l'ltCIfnlllllUl.SUIlVtTOII.lMI'P(ll c.Il..CClUNTTIfOAI) 0.11.. OI'nCIAI. AtCOllO ~American ";a Cunll,ll!lngEnglneerlofflo,ldll,LLC .fHL.ndO'L.ktllll.d,SilllllZ10 lllndO'l.ku,Flot/dlljU." P~onll" (813) lIu_noc Fu: (ID) GU.fG08 r;.mflut. 01 Au'horlutlon N(J, 7110 4rc.IldiEE.f>SJI PRfY/!SSKIIIN.su.wEYGft MDJlN"PfR FWRlDACl.ffrl1'/CATt: Iro.&UO DRAWN BY, JeW cot.l.DD1 COlINTT DIlPJUrrH6NTotr ~.t'17ON CHECKED BYI SF' DRA_,NO DA1'(1 08.18-05 SCALE. IP.IOO' EXHIBIT A Page~ of.Je.L Agenda Item No. OC February 14, 06 Page 35 68 PERPETUAL. NQN.EXCLUSIVE ROAD RIGHT-CF_V, DRAINAGE AND U11UTY EASEMENT LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTIJ., RANGE 26 EAST COlliER COUNTY, FLORIDA SHEET LOF.!.... .2J'..., 1iIl~ PROJECT NOI 60101 PROJECT PARCEL NOI 119B .2'~_U'" ______________.-.L_._________-1_ R/'ft UI'fI a ~~:::lIWrCJt291J l'It/orH VMJESJ COUNTY BARN ROAD (C.R.268) IIWI(, ""hlS'II % rIl'S<<11Dfl1 II! ~ (J(II"SW % (J(S<<IIf1/lIJ ~srPR01'E.flTrLINE' EASTERI.1!t1ff "Iff: OF ;rp...!!...1!M!_~~eMl_____- '-ii~ ---------.--- -----~~~~~~~~~-------- :I)' PRO/'(JSED RIW , :! , , , ; l ~ ~ ! , ~! ., !-o 8: @ i ~ ~ "' o ~ " ~(OAl. $ClII~T101f. llAAC.1:l. .." IltB THEI "ontfQF TMEllnr lDOrUTQF TMIl: TOI.L IICIJ[SClUIlED "'lIl1PER"' THI TH30'UTllFlld:_THll'1otTlI[U I f~ TIlE III; I/~ Of TNt s. 1/4 Of <<1:1[011 " TO 1"'05O,l1M,IWItlI:UUST.C(l.LIEIl COUNT. ,"till D.. EASrJ>fU>EFm'UIIC -""""- RJ'll.IlIGHTOF'IU.T tI:tt:~ICSI ,.... ,,-UIiDC* 1"ll,'''.lGl: 1'III.I"ltDP[lSI__IoUA'ftIOII'~ C.Il..c_nllDlll a.ll. . Cl'HcrAlIIECIIIIO '<<tc.ItcCE!.P$M f'IfOI"ESSIOIIJLSlJRllfTOR NlDIIIPI"(R Fl/.)ItIDloCEIfT'Il'/CATE ""600 DAAIIN BYI Jew CDWl1R COUNTY DlJPAll1'II1INI'Df1~Amw CHECKED BY, sp DRAWING DlTt:. 06-16-05 SCAlEII-'IOO' EXHIBIT A Page1B-. of..Jti.. Agenda Item r,o. February 14, Page 36 iOC "06 68 FEE SIMPLE INTEREST PROJECT NO. &0101 PROJECT PARCEL NO. 119C LEGAL DESCRIPTION AND SKETCH PROPOSED RlGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 5N!E1' .L OF 1. 50' .~ t.lGALIlE5CAIPTlllll.PAllClLIIO.I,tc TN~ tAU !liB rUT or TIC InT loa rUT tJI TNE 'IlI.Lo.lI1110[JC"IIlCD~IlTl, TlIEsoot"lflOf'nt:_Ill1I2OFTII[Il('....0f THE5Il/.IIlCTlllll.,T~IP50SCUT1l."AItOf. nUST, Cll.LIEIlCOJN", fLOlIIIPA. Rill' U,. I I J Il/W U,. "~~r."~ ~___-::::~=-n_: v. "M:-::~~-:--- ::;: :::::s?" 1U/.t66/ (eA 268) "EST ~k"'({ f~ 14 '" $r.:t/lrl 8 eASTERlY flnt LINE al' CflJtt1YIJARltJl1JN1/C.Rt6BJ lint U,. -- --E-;;:;;;;-';;NN;~~n tJrlurr(ASEJ/ENT ---------------------- 3 ~ o u COLLIER COONIT' FOUQ NUMBER: 0040344000S OR 1001. PG. 825--828 ~ J i ~ I ~ ~ Il,. .1110111 OF wu U'LM<<!SUJlYUOII LI . Ltg:II5EDIMlSJIIUS ".8""-1.11001I. 1'll..PACl 1'IIII.~[nIColAl.SUIM:'OlI'IW'l'(" C.Il"COUNTTROAO 0.11.. tlF"nCI.llII[COAO ".~American "Ira COIl.ultlnIlEnllln.... or Florid', LLC .111 Lind 0' Ld".. ~Ivd. Sull. :l~ undo'L.k.., I'lorld. 34U~ I'hon.:{'1JjllU.2.00 fu: 1!1!) lIu.uo, C.r/lf!g.r.MAurnorlullonNo.7110 oau.wt ccmm- DllPAIl'nIIlN1'''~A.7JQN .xJEtC.lId1Cf.1'SII IWIFESSDUL S/.ftIEI'OIl MID MN'PER FlDRItJACE"'Jn:ATE_~ DRA"'SY, JCW CH!CKEDSY,SP ORAW/HG DATE, 01~18.05 SCALE. 1..100' EXHI~IT A p~ D of...Jcl. SECTION S, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA PARCEL NO. iatJ PROPERTY OWN[R: I.tICHAEL de RU~ HUCHE:S REFERENCE: O.R n1e PG. 1409 AREA OF TAKE:: 0.20 ACRES i' 524 BROADWA Y COMPANY, L.P. I O.R. 1072, PG. 875 I 524 BROADWA Y COMPANY, L.P. O.R. 1245, PG. 902 0 o + '" '" MICHAEL & RUTH HUGHES O.R. 2218, PG. 14090 o + <0 ro PARCeL lao PROPOSED R.O.W.. DRAINAGE AND UTILITY EASEMENT (0.20 ACRES or) R RPEruAl., NON-eXcLUSIVE RIGHT..oF.-y. DRAINAGE AND UTIUTY EASEMENT o o .. ro 25.00' c:,1X) 'l:'" a'" Ii:- (3(!) 0.. :z <(N ;:S~ <( :z' a"; --,a P.O,C. P.O.B. R,O.W. POINT Of COMMENCMENT POINT Of BEGINNING = RIGHT-Of-WAY I I 1,,03 50.00R +96.74 \ 50,00 R o o + N '" " d 0: " " '" '" " '" ~ '" , 0" ~~a "'- '" "~'o:t: 8"'''' ~ >- ~ l!i '" '" u- iig '" ~(,j <(0.. 0... o o1;ijj ....", 8). to"; aa 'l: '" '" '" ?::J, :z'" "'''' a u(,j 'l:o.. l,j . ::ic 50 u- '" ci COPe LANe ~ ?:: ~ 'l:B5'" ~3(,j aoo.. 'l:U . a...:g~ Cl - :z:",- :s':':l", ~ ci ;c Agenda Item No. 10C February 14, 006 Page 37 f 68 EAST ~ .~ N:'" 1 ~ U ~ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: , LEGAL DESCRIPTION AND SKETCH SHEET 1 Of 2 DESCRIPTlON, PARCEL I CLIENT: CO~L1El! COUNTY TR NSPPR.TATION DIVISION ....~ ::::, NOIJ ..... In:: RBER & ...... ...... ...... RUNDAGE,lIl~. Pr"r".lonal ..n,ln.."t'S, plaDn..r~, .... land .-ur~ro"' ~.lU", Cegg'PI..ll.IGO, "110 T--.l08Ol r.gJJ, ...orll>l !lopl.., n. 1410& (nljUT-111I Loo. ~=g~~t ~u:,;:':::' ::.wJO:~1f :~:, ~&'::'"' pt I~I: 'l:~:~:::m I Cl I C'; 'l:3i'\ ~ci <(. to'l:l ?::g I ~C\ I I \ .> BY: GEORGE w. HACK Y, P,S,M. NO. 5606 SCALE: 1" "" 10-0' DATE: MAY l'! 7005 DRAWN BY;~ PROJECT NO.: 8081 CBR ACAD NO; ~073 S0110 FILE NO: 9073 I::XH,'B'T~ Pa~ ~ of..uL Agenda Item No. 10C February 14, 006 .. a, e 38 f 68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, tLORIDA LEGAL DESCRIPTION OF PARCEL 1$0 LEGAL DESCRIPTION (ROADWA Yo DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OP SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, PLORIOA, BEING MORE PARTlCULARL Y DESCRIBED AS POLLOWS; THE EAST 25.00 PEEr OP THA T PARCEL RECORDED IN OPPlCIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OP COLLIER COUNTY; CONTAINING 0.20 ACRES OP LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OP RECORD; _~"""" 'AI NON.EXClUSIVE r-gv'-'-- v ~"NAGE ROAD RIGHT .QF.WA:., """" />K) UT1LJlY EASEMENT ....M ::::tlGNOIJ .....u :::::UARBER & ......(3 ...... ...... RUNDAGE,IJIC, Prolllulolllll enlllnl!lln, Ilbmnlr', &. ll1ntl .un.yun tolU... C.~nfJ' hllo ;(IlI. 7400 r....... boll. lloptb, H.pl... n. HIGO {nV)0Il7-l1111 1.0. g:=~Of:' <;;,:':t....~::.I<":...tio:~u =:'~ ~~. n '~:~ l::~:::::: '." jJ" ;~" LEGAL DESCRIPTION A,ND',);KE'rCH SHEET 2 OF 2 DESCRIPTION: PARCEl/fXJ \ " . ..... ':" CLIENT: COLLIER COUNTY' TRANS~O~rf1TlOw.DlVISjON "",' BY' ,;{ a/,Af/; (). " 'GEORGE W. HACK,N<Y, .P.S.M. NO. 5606 SCALE: N 1, S 'DATE: MAY B ?nn."i DRAWN 8Y:~ PROJECT NO.: BnR1 CBR ACAD NO: 9D73-S01 1 0 FilE NO:--.S.a.u THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EXHIBIT A ~ clt of~ 1'ERPEnJ.t.l., NON-eXClI.8IIE RCWlRlGliT.QF_V, ~ NlJunuTY~-'l1T PROJECT NO. 60101 PROJECT PARCEL NOI 121 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGm OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LE~Clf,IClII,.rllllll'''MIClLIrIO.lll r>llEIUI2Sr[lTOF'''USf Jln[f1lF lH1 rou.OWINGllUClIlNDl"IIQII'Pn, IIII:/IO!flM2IHl1111' 'HE SilU'"lflOl'~ MORT" _nor 1..[_.,.01 nIE .111'1 at SECTIIIN '0 TOWSNIII '0 SOUl". IMIDE U uu, OF"'t~ICMCClllDSOFCll.Lj(.tauIllY.FLOItIM. WILLIAM & LETICIA PILGER FOLIO NUMBER: 00404080008 O.R. 868, PG. 471 wt$'T f'IfOI>ERTYUII! " .' .g ."'~ ~;~ ~'l ,1;~~ ~~. HI~"IIlL . ~u," 1<lx:"ES O,I!.:l2S8.Pt;.I<e'I ~ I i :;<>.(lIlCIfllIWMt'I_.L.P. D.R.I<!f5. pt"~ 'In '" fIftOf't)SED RN UNE EXl5TIIIGDR_J6E.~ UT/UrrEASZIIDfr ---- - RItr UtWI__ ----r".-sf PfO'!1trr -LiNE . WSTERU II/W LitlE cs: CQIIfTrBNfJiRlJAJJIC.If.J!S6J OF SF.CTOt e COUNTY BARN ROAD "'SECTION' (C.R.268) , _%tFTHE5W% ==SJ~lCI/.i56J Ii!Y~ CFTHCSll'% 1I/WUr. ----- --------------------~ ~ ../'I.RIlINT,.....' ~: : tt:JlI'1l,r.lltu ,.... ~"'1ll1OC "ll.."~ ......l"llftSIIClNAl.IUIM:'ClIII~1I t.II.. cw""ao.o D....IlFHeu&. RECOIIO Agenda Item No. OC February 14, 06 Page 39 68 SHEEr LOF 1.. ~ 1II~ " 8e ~I~ ~. ~~ " ~ !~ !f;~ I~ ;~ , '- __~_..,!W u.. RMUM .xJELC.Mr:liCC.PSI/ PlWl!SSA1IIM. SUNrnJR NI() ~R "UJI/IlMCf"""'CN~IfD.HJO ~~n~I~~~;Y~8~r. 01 Florlde, He 4l If L.nd 0' L.~" Blvd. Suit. 210 LudO'L.lr",FloT/d.)4U9 P~on.; rnn; U9.2000 Fu: lafJ) Ue_UOB Corlllle.,.ol.olulhortz.tll>nNo,7If(l Cf1t.UI1R COtlN7T ~ARTJII1lNT 01' ~A1JtJN DRAWN al'. Jew CHECKED BY' S~ DRAwlNC OATEI 0&-18-05 seAL!!' ,-,100' EXHIBIT-LL Page~ ar-:EL Agenda Item No. 10C February 14, 006 Page 40f 68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIOA PARCEL NO. JiM} PROPERTY OWNER: 524 BROADWAY COl.lPANY U>, REFERENCE: 0 R '24~ PC; 902 AREA OF TAKE:: 010 Ar:Rn; ~ o o + N 0> FRANCISCO & WZABf:7H LOVaS O.R. 3440, PG. 0260 R 524 BROADWA Y COMPANY, L.P. O.R. 1072, PG. 875 ERPETUAL, NON.EXCLUSIVE RIGHT-oF-WAY, ORAI~ AND UTILITY EASEMENT- PARca b\Q PROPOSF:D R.O. w., DRAINAGE: AND unLlTY EASEMENT (0.10 ACRES z) 524 BROADWA Y 8 COMPANY, L.P. ~ O.R. 1245, PG. 902 IX) 25.00' o o + o 0> --- MICHAf:L & RUTH HUGHf:S O.R. 2218, PC. 1409 o o + '" '" P.O.C. P.O.B. R.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY ---j I I I I 1- +03.14- 50.00'R '" ci '" " I" '" B +J4.J4- 50.00 R " ill- --,,,> --J. !;i~ '" .... "'... ~... "'. "to:; ;1::0 (j ~ g N o ~ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ",1.. ,'.!/,., LEGAL DESCRIPTION AND"S~tTCH SHEET 1 OF 2 DESCRJPTION: PARCEl1S& i'~ ", j ., I' CLIENT: COLLIER COUNT.Y TRANS ORT~~!.ON. ~IVISION ---. .... .... ..... ..... ..... ...... :::::: UNDAGE,bI'c. Prl>fenlon..l englne"l'8', planner.., & land "ul"Yflyon ""UI.. """""'! "\II" 100, nou :r....IUId :r,,'~ "..IlI" 1I.,l'., Pl.~IU' (III)U1.llIl ~ Cony! .UU c........t lIe.(, '\lJto IUI! 8....\0 """, n. ""IS' (UG)UI-I.U C...un..to.fA.uU......II_"'... UI'...udD I". 1..."(llt)I..~..DI '-~ ~O i-}oi :t":g g", ~ '" ~ OJ >- ~ no " '" 0- -0 Ii"> <'4 b ...;Q QC' 0\1<0 '" '-<'4 ill' ",0:; 00 '" a ~ o::;}' 1 ~cil ~~I "c is I ~ <..> I I f: '" " .", :;,-", 001 (Joll) -N t5a:Cl:j 3dc..i o Q <..> ~o ~~ "N"': ~R g'" ~ BY: GEO E .'H .CKNEY, .M. NO. 5606 SCALE: ,"... 100' "DATE:. MAY l'i 7005 PRAWN BY:-4AIi PROJECT NO.:B081 C8R ACAD NO:~.I.U.Qi FILE NO: 9073 EXHIBIT-1 pageM or.;.jL Agenda Item No. 10C Februa 14, 006 pa e 41 f 68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COlLIER COUNTY, rLORIOA LEGAL DESCRIP1l0N OF PARCEL J&Q LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARl Y DESCRIBED AS FOllOWS; THE EAST 25,00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECOROS BOOK 1245 PAGE 902 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0,10 ACRES OF lAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; . PERPETUAL, NON-CXCLUSlVE ROAD RIGHT -OF.wAY, DRAINAGE AND UTIUTY EASEMENT . ....~ :::: NOLI ..... I:::: RBER & ...... ...... ...... RUNDAG-H,_ pror"",,lonlll ..nlllfl""r::a,planJl"rs, k Illnd .urv.,rot'll V.Ulot c.....l,., lu.n.. ~O(I, .,.~oo t.lD1"'<d full, Norllo, H.plt" n. 101101 (In~I1"'ll1 l.o. =.:.":, =:~.~~~' 1I-:~.t.u:a:~1 =:'~ ~:-.. n. a;~ !:::=:::: . LEGAL DESCRIPTION ,AND ,SKETCH SHEET 2 OF 2 DESCRIPTION, PARCEL 1.:16l.":<>,';,,"" ':','. CLIENT: COLLIER COUNTY TR~St\P~.T~lJON"DlvrSION , .a:~~;",'" BY: ,,"~ ; GEOR~E .W,:..:" C,KN~Y;, p..s.~. NO. 5606 SCALE: '.,~.n':f':6'ATE::'MAY 6 7005 DRA"NN 8Y;~ PROJECT: NO.:8081 CBR ACAD NO: 9073~sh.109" . FILE NO: 9073 TH1S LEGAL DESCRIPTlON AND SKETCH PREPARED BY: EXHI8IT <1- Page 35 af--'U.. SECTION 8, Agenda Item No. OC February 14, 006 Page 42 68 TOWNSHIP 50 SOUTH, RANGE 26 COLLim COUNTY, FLORIDA EAST PARCEL NO. iJ3 PROPERTY OWNER: 524 BROADWAY COMPANY 1,1>. REFERENCE: O.R lOn PG 57.'! AREA OF TAKE; 0.10 ACRES :f- FIRST HAITIAN ALLIANCE CHURCH O.R. 2735. PG. 2800 FRANCISCO & E:LIZABETH LOVaS ::~:.~~L. NON.EXCLUSIV@.R. 3440, PC. 0260 R ~.~IGHT-oF_Y, DRAINAGE NICJ unUTY EASEMENT PARCEL 1,Q)- PROPOSED R.O.W., DRAINAGE AND UTIUTY EASEMENT (0.10 ACRES or) 524 BROAOWA Y COMPANY, L.P. O.R. 1072, PC. 875 , 25.00 ---- 524 BROAOWA Y COMPANY, LP, O.R. 1245, PG. 902 MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 o o + ~ '" P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRJPTlON AND SKETCH PREPARED BY: ....!J\ :m~~NOL1 ::::: RBER" ...... ...... ...... RUNDAGE,llfC. Pl"Ofenlonll.' englne.r., planner'll, II land Bu,.."yon ~lIl~~;:':'.:.~~':::i ~.:.t::~-;'Q;-n'II~::"=: ~ :::: I:::l:::::~; c.rtUloo.. or .....u.~rt..Uea !to.. a an. ... D "" '0><, (IU}tH-Ueo ~ I I II ~;- "'d <>:. I ~<>: 1~8 l"'- ",'-- o <..l ~ :..~ I ~o I ~~ g~ " ~~ N~ ~ ~ (i '" o o + N m ~;;; \:!fi '" . ..,. 12~ -.J "'", "'<d D +72..52 30,OO'R ~ ~ " >- Ij; ~ ./ G_ -0 Ii.., '" to <(0. o.c) ~<o '" >-'" ~a; 00 '" 8 + o m - ;,; ci 0' " ~ V} '< ~" - +J.14 150'00" g + '" w I I I ~ ~~ N- ~~ I gN " ---, I I I I '" ~ ~J, ~~ o <..l0 ",0. ",. :)5 60 <..l~ Ii d LEGAL DESCRIPTI6~. AND SKETCH SHEET 1 OF 2 DESCRIPTION, PARCEL la3 .c . , '. CLIENT: COlLIER CQU.r:HY TRANSPORTf'TlON 9JV1SION , U.' - A'Y-A BY' 'dZ&L GEOI'<.GE W. HACKNEY,'-P.S.M. NO. 5606 SCALE: ;0: = 100', DATE: MAY 6 ?005 DRAWN 8Y:---.wi PROJECT NO.;BOB1-CRR ACAD NO: 9073-SD1OR FILE NO: 9073 t:XHIBIT ---LL page..Q.!L of....1o.l Agenda item NO.1 OC Februar 14, 006 a 843 f68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIOA LEGAL DESCRIPTION OF PARCEL 1,;/3 LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; peRPETUAL, NON.exClUSIVE ROAD RIGHT .oF.WAY, DRAINAGE AWJ UTUJTY EASeMENT ..... .... .... .... ..... ..... ...... :::::: UNDAGE,IIICL Prot...t<lnal 8n(1n.,,", pll1nnerr, Ai: land IUM'lIyon Com.. _"" ItoIIto 1110.16011 T_-.l 'l'l'.n. IIor1h1l1"I.. n. MU" (allllf-11ll _ =.=':r =..-=:' =''-u:a:.. =~ ='"' n. M~: ~::===: LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL CLIENT: COLLIER COUNTY'1)lA;S,.o,RTA,nON DIV1SION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: " BY:.: EDRGE: w.,'. C NEY, -'P.S.fA. NO. 5606 SeA'l!::: ".. f..iTS';"'OAn:i MAY fl 2005 'DRAWN BY:~ PROJ~CT NO.: BD8l-CBR ACAO. NO: gn7.3....~~10B: 8L,E NO: 9073 .... ~'''' -,'.'~1F ,. .,1~ EXHIBIT A PageQ1 of...JJ2.L PERPETUAl, NON-EXCLUSIVE ROAD RIGHT-oF.WAY, DRAINAGE AND UTIUTY EASEMENT Agenda Item No. DC February 14, 06 Page 44 68 PROJECT NOI 6010r PROJECT PARCEL NOI 124 SHEET .!.... OF .L 50' ~~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (Nor A SURVEY) SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LECloLlIUellI'TtOll-'folIa:LtoO. ]1. T1ClI.ST~'I[J llI' fit[ .sr IOO1Etrlll' TKE rlll.LI)IIUIClIlES(JIIBtlll'flOPt:RT" . TIII:_'"InorTMEIlOllTM'I2OtTilE IC''''' llI' IIIE SI I'. OF EtCTIQM', 10.&11' 10 lIClUfIj. AoIMQ[ nUSl, CCLl,ltlteooJl'rr. '~0Il11l.. ...JJtJ!..JJ!JI__ --___----L_.J______--l..-L__---1__~__~_ R/JIFOR 1Nt\!, dlttrSll' Yo dS<<t/c;t8+0UNTYBARNROAD NEY. "'''-SIlly, dS<<tIotlB (C.~ M'lDrH VARIESI lIIE.sr PROPERT1 UNE.. EASTERLY IfIJf UNf; lJ'" rr IA. I ----,y;;-jj,; R/ft U';- --=~=-=-==-- E.KISTIIK;MJ,lIiJ/&E, UTlLlT'f EASeMENT j~ . ~ ROBERT & PATIY FLICK ~ 'b ~ FOUa NUMBER: 0040292000j ~ ~ O.R. 2560, FG. 2301 ~ ~ ~ .. ~ ~ I i ~:::: ~ 1I....RIDHTor.n Ll> .LNtD5l/lIW.'llll LB'LICEJtS.l:DllIISlJE.S5 ,.......UTIlD(Il. ~. 'I"AGl P$lI. ....EnIONloL SUA'o'(TOIlI rMmll t.lt,'ClPITrIlOAD o.lt..llI'r1CIAl.IlECOIID r ~I " "' PROf'EfrTY UN! ~American "'a ConaultlnllEngln..,aoIFforlda,LLC HlIL.ndO.L......'I.d.ltulI.Z11I '.ndO.'......,I'II1rld."4In Phon.' (113) UI.HIIII fu; (113) UI.lfOI C.rllfICU. olA.",norJ,,'Jon No. 1!10 .xJEll:,lICCEE.1'SM PR7CS5DMl.SlJNE.'IfJIf MID 1IN'PU1 ~/.fJRI(JA CE"'IF/CNf Ala. H>> ORA" BYI Jew CHECKEO fly I SP CCUIBtt axmrr lJIU1ARTKllN7' '" 77UN:'llPl:WrA:77DN ORAW!NC: DArE. 08-18-05 SCALE. r ~'IOO' EXHIBlT /-) , page.QQ.. of-1Q.L. Agenda Item No. 1 DC February 14, 006 Page 45 f 68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 [AST COLLIER COUNTY, FLORIDA PARCEL NO, Jd5 PROP~RTY OWNER: FRANCISCO tlt EUZASETI-I LOVOS REFERENCE: O,R 3440 FIG 0260 AREA OF TAKE: 010 ACRF.:S ,.., FLORIDA APARTMENT CLUB NAPLES O.R. 2852, PG. 1054 F1RST HAmAN ALLIANCE' CHURCH OR. 2735, PG, 2800 L,~.EXCLUS~ RIGHT-oF-WAY, ORAl AI<<) UTIUTY EASEMENT- FRANCISCO & ELIZABETH LOVOS O.R. 3440, PG, 0260 PARCEL 18.'\' PROPOSED R.O. W.. ORA/NAGS AND UnUTY rAsrMrNT . , (0.10 ACRrs ,j,) 25.00 fj + ... m I I \0 C3", "';0: I~o I"": Ill. \~~ ---1'" +40.62 50.00'R li o " ~ <> . ~ ~ ;;; C) ;.,O'i '" ~'" [5 g ~ " [5- -.II<) rj. ""~ '" .,.' f3~ -.I "'. ,,0; ::r:o '" '" " ~ ~ ~ ~ o o + N m +72.62 50,00 R 524 BROADWA Y 0 COMPANY. LP. 0 + ts- OR. 1072, PG. 875 0 " '" ~~ jig '" ~- f:r.,; I "R g~ - - - I ,,"- " "-0 \ "<1<0 '() ....'" [5. 524 BROADWAY ",0; 00 COMPANY, LP. g '" O.R. 1245, PG. 902 + '" '" P.O.C. P.O.B. R.O,W. = POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY ~~ N~ ~ ~ THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: :: ,;.- \ LEGAL DESCRIPTIONANO' SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL CLIENT: COLLIER COUNTY TRANSPORT:\TIO ," IVISIQN ..... .... .... ..... ..... ..... ...... :::::: UNDAGE,lIIC. Protu.lonal In,lneerl, plarmln, " land rurveyol'll CoDl...eo....!J'I...!.wraa,'tOGT...w.II:dTl-oll.llortlllIl0Jl1..,n.uo.'...)an-.1I1 1.00 ~~~o~':t ~:-~'::.:~ :.":.""~a~" =~ ~':'" no '~I= l::=:= BY, W. ACKNEY .S.M'. NO. 5606. 1" .. 100' bATE: MAY 15 2005 ORAWN BY:~ PROJECT NO.: BOR1 caR ACAD NO;Q073-SD107 FILE NO: 907.3 EXHIBIT A- Pagei2l of-12.l. Agenda Item No 10C February 14, 006 e 46 j 68 SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, ~LORIDA LEGAL DESCRIPTION OF PARCEL idS LEGAL DESCRIP nON (ROADWA Y, DRAINAGE AND UnLlTY EASEMENT) ALL THAT PART DF SECnON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEU OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 3440 PAGE 0260 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0,10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS ANa RESTRlcnONS OF RECORD; pWETuAl. NON.EXCLUSIVE ROAD RIGHT .QF.V\II\Y, DRAINAGE AN:) UTIUTY EASEMENT ",. .... n:; GNoU ..... ..... ..... ...... :::::: UNDJ.GE,III1l. Protll"loD&.1 .nrlll"""" planllfll"t, '" land .urt'llyon cow... CoIlDt,rl hI'" tao, 'oIGO :ru..I... "'-II, lI'_l I!~,I.. "' Nll>ll (n')."-IIU 1.0. ~==: ~=:"~',,":.IoU:D::" =:~' no ~= I::l=-!:: LEGAL DESCRIP1l0N AND. ,~TCH S(il;E:T 2 OF 2 DESCRIPTION: PARCEL I~ CLIENT: COLLIER COUNTY TRANSP~RT~ 11.QN.; DIVISION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY' GEO GE W: HACKNE P,S,M; NO, 5606 SCALE: NT!=;, DATE: MAY R 7005 DRAWN BY:~ PROJECT NO.: B0A1 CAR ACAO NO: 9073 S0107 FILE NO: 9073 ,_"'-_".....,"."_.~M, "XHIBIT-L ,ge.J:KL of.JLL PERPETUAL, ~USIVE ROAD ~''''''T -oF_V, OAAINAGE ANt. UTlLI'TY EASEMENT Agenda Item No. February 14, Page 47 DC 006 68 PROJECT NO. 60101 PROJECT PARCEL NO. 126 SlfEET JJJF.!. 50' ~~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA !I/W U _~ __~_1~_____L-__~_________R.!J~ COUNTY BARN ROAD (C.R.Z68) L[~DE$CIII'TIOM'''afIC1:LIllI.I'' THI u.sr IOFEETll" THI:." IOO'[U(JF Till: 'Ol.LOIIIIlC;DlICllINDl'IKIl'PTh TII( 500TH 112 OF TME 5E 1/401" TllE"'/4011 &iCllON'. TOMIIJ' 10 SOUTH, IWCl " UST. ClI.LlllI C(I.JII". FLCIIID~. ~ I ~ CHARLES R KELLER FQUO NUMBER: 00402960007 O,R. 444, PG. 31 -""""- 1I....IIIOHTCIF.U ~I : ~t:~~I€U P.Il..I'\..UIOCIIl ~. . PiG( 1'SIIl.I'IIOI'ISSllllAl,$UIIY€lOll'lMI'l't. C.II"C;QUlfTfllClolO O.II..OF,.tl.ll.M:~ EASTPWJPERTY JOt!L.C.Jlt:6(E.fI'SJI ""'EUIOMJL9JfNCtJRNtCl~R F'lD'IID4CEtrr"TCAn _&00 ORA1lH BY. JCI,l CCIi.UlfJl COON'1T DBPAllTNlIN1'DI'~A'J7ION CHECKED 8'1, SP DRA.INO DATE. 08-18'05 SCALE. I ~'I 00' ~ I i EXHIBIT /-'1 Page-.:il of.Ja.L SECTION 8, Agenda Item No. 10e February 14, 006 Page 48 f 68 TOWNSHIP 50 SOUTH, RANGE 26 COWER COUNTY, FLORIDA EAST PARCEl NO. Ifi'l PROPERTY OWNER: rLoRIDA APARTMENT CLUB NAPLES REFERENCE: O.R :7R~' PC 1054 AREA OF TAKE: 1,JO ACRES :!: ~ ~ N' ~ ~ ('i U) . d " ~ ~ " l:l -J ~ "'... CO'" ::>0 -J- '-' ....0 "'a.. WC\j~ j:!", Cl:<ll ",,,, 0... "'''' ",0 El '" o t;:: PERPETUAL, NOf\I-EXCLUSIVE ROAD RIGHHIF-wAV, DRAINAGE AN;) unUlY EASEMENT F7RST HAITIAN ALUANCE: CHURCH O.R. 2735, PG. 2800 ------- P.O.C. P.O.B. R.O.W. ~ POINT OF COMMENCMENT ~ POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ :::: GNOLI ..... ::::: ~RDER &: ......13 ...... ...... RUNDAGE,IK. I'ro!uBlone.1 englneera, planne.i'lI, & land lu""yon c.m.. c.,,~t,., .wt. lOll, 140. T.........l run, Itortlt.i If.pl... n. lIUGI (1181'''''.'111 1.0. ~:~:r"::I:r ~.~~':I:=' ::t.o~~" ~~~ '.-:'" 11. '~~ !:m::::::::: /;fA TCHUNE SEE SHEET 2 OF :3 SrACRE:ST SCHOOL INC. O.R. 3219, PG, 2683 l:5 '<~ ?;15 ~~R':H 8 ~~~tn ;6 cJa~f5 01 Uo:_"'( 0:: ~o ~~;:):J OO~ "-" 0'< 8: o o + .. o 0", .." --J'" 0'" 00 Go.. U)...;- ....<0 ~~ '" U' '" ~ci U) o o + <'I o I I Q I (Ii "'~ ~ 0 1 ~ ii ::> o '-' <0 .<0 t!!'-'- <2": "",,, U)00.. "'''... -"'<0 ~Q", l:J"'", E3~a2 o o o + o ;2 ~ . ~ Ro ~:.1 g~ ~ o o + '" .. '" o nO " " " '" i;) I ~ II ~ ;j >-1 ';'1 ~I ei- ....'" [j. "," a.. '" . ... en... ~... "'a2 ~O '-' .. .. lo.~ ~~ +~ I 1 1 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION, PARCEL 1tl'T CLIENT: COLLIER COUNTY T SHORTA liON DIVISION .' k/ GEORGE . HACKNEY, P .5. . NO, 5606 SCALE: 1 ~ - 150' DATE:-..MAY....6..a-.2QQ.5. DRAWN BY:~ PROJECT NO.:B081-CBR ACAD NO: 9073 SI)105 FILE NO: 9073 BY, I:.XHIBIT 1-1 Page-1t of-iIJ.. Agenda Item No. 1 DC February 14, 006 49 fo8 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, rLORIOA EAST PARCel NO. /9 '1 PROPERTY OWNER: f"LQRIDA APARTMENT CLUB NAPLES REFERENCE: O.R 2B52 PG 1054 AREA OF TAKE: ':50 ACRES ,\- ~ a y ~ , N~ ~ <5 V) 126+00 DA \I1S BOULEVARD (S.R. 84-) (75' R.O. W.) ~ Q ~ "'... OlIO ::l<:> ",- <.:>. ....'-" B'io.. ~~ ~'" 9{n:: ~ci ~ Ii PERPET1JAI., NON.EXCLUSIVE ROAD RIGHT-of-WAY. DRAINAGE AND UTIU'lY EASEMENT P.O.C. P.O.B. R.O.W. ~ POINT OF COMMENCMENT = POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTlON AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ...... ===::: RUNDAGE,,,,,,, Prore..lonll onglneln, plauneI'l, Ie land lJUfV9yorl Cajun teIIlltJ' 11'I1I\.0 .00, 74l1ll TuaI..... 'h-oll. ll00U0l II.,.... PL un.. (n')"T~UI t.oo =.=1:', ~..~~:...~:' ':''"u:O:~~ ~~ .::,~... "' ~'= 1:::==:::: 128+00 " " + m " " + .... t5 "''- "'i5 ~~~:;;- 8 ~ VlVl + ~'154J ~ t;Jo,,5 (j .~""C a::l'1::~~ '"t~::,~ Q.~ClC @;~ '" "- COUNTY' BARN ROAD STA. 117+~O.67 - DAVIS 8LVIl. STA. 128+82.50 130+00 132+00 ~181 ~~\ I u'" I ::J~ \ "'0 Sn. ~ '" Q. R~ eJ~ . ol ::J'" ~~ <Sa:: ~ " "'ci 8 + N ::: Q C5 Ck:i' Ie ci <( 02 <Xl I:: 8 I <: - ::l '-' I 8 ~ \ ~ 0\1 ~ \ .... ~ '" .... ~'" Q <:,' ~-~ Ol:t;Q <.:>" "'a::(Q L5==>"It [5G . Ol a:: ci " " + " ., o '" " j'; VI " "' (j ~~ c5~ ~0 ",Q '" . ....~ "'''' ~'" <':>02 LSd '" LEGAL OESCRIPTION AND SKETCH SHEET 2 OF 3 DESCRIPTION' PARCEL '^Y' CLIENT: COLLIER COUNTY TRANSPQRTATION .DIVISION BY' ~Bf~~, P.S.M. NO. 5606 SCALE: 1" = 150" DATE: MAY 6 ?005 DRAWN BY:~ PROJECT NO,: R081-CRR ACAD NO: 9073-SD105A F1LE NO: 9073 o " + ~ /.fA TCHUNE SEE SHEET I OF J EXHIBIT A page& of-1aJ... Agenda Item No. 10C February 14, 006 '50 f68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLlIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 'Ill? LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND U71L1TY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 E:AST, COLLlOR COUNTY, FLORIDA, BE:fNG MORE: PAR71CULARL Y DE:SCRIBm AS FOLLOWS; THE: E:AST 25.00 FEET OF THA T PARCE:L RE:CORDm IN OFFICIAL RE:CORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 1.30 ACRES OF LAND MORE: OR LESS; SUBJE:CT TO E:ASE:ME:NTS ANO RESTRIC710NS OF RE:CORo; PERPETUAl., NON. EXCLUSIVE ROAD RIGHT -OF.WAY, DRAINAGE AM) UTIUTY EASEMENT ..... :::: GNOU ..... ::;;: BEn & ...... :::::: UNnAGE,lIflI. Proflll'lIlQnal engine""_ plaDJItn. &/ land .\lrftJOn' !low.,. e_t1llto.lto IQ6, '400 ,__ y...a, lI~r 11.,.... 1'1. ....111. (U'lB"-'IU 1,0, ~'::':.~u.j ~=;:..":: II':"'C:':" ::~~. 1'1. ~:: :.:=:::::: LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 18 CLIENT: COLUER COUNTY TRANSPpRTA110N DIVIS,ION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY:: ,~ . . G . ACKN . P.S.M. NO. 5606 SCALE: N T ~ DATE:: !.riA Y 6 70(JS DRAWN BY:..:....:.w!.' PROJECT NO.: ROR1 CAR ACAD NO: 9073-SD105A FILE NO: SUZJ EXHIBIT A Page..ti::L of-.Jel TEMPORARY DRIVEWAY RESTORA11ON EASEMENT ~. (DURATION: 3 YEARS FROM .......MENCEMENT OF CONSTRUCTION) TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA AlA TCHUNE sa SHEET 2 OF J SEACREST SCHOOL lNC. O.R. 3219, PG. 2683 SECTION 8, PARCEL NO. ,~,. PROPER1Y OWNER: 1'1 ()RIOA A~"'~1lOF"NT OUR P<I..I>IF"S RrrERENCE: !'III 'Il~' PC 11'15. ~~ N'- o ~ w; " U " " " " U " J.JHEJABU: J.E>I!1J>J IlUIlIt& 2".01' N 81I'J~'M' W 10.00' $ "9'S6'SJ" II' 55.22' N 00'4".'Jl" II' 10,00 N /l9'll'2S" [ 82.00 N 00'4,]'3'" II' 66.00 5 &9'16'29" II' 82.00 soo'4J'Jr";: 68.00 101 119'f6'29" [ 8 . g ~~ "., ",,~ CO~;,f ~o~ t3e~ Ck:~~ ~&O Cl..a:~ < 8' ~I o <!i ~i' ! ~ I' ~ 8 ~ C 1 is , " I . d ~ ~I . !:l ~ :<" ..'" ::>0 ~- "" 1--0. C'i . i!!ii1 !l:1:l ~~ ",0 Q 15 It 0 0 "'" ~ "u ~ ~..., ~~ : tJO "'~ ~ "'~ o.~ 8 ;I; ~ . . , ",0 ~:11 g!!l . ~ ~ ~~ ~ <~ ,,&~ . ~:"",< -5 ~LJ -, g~~ g ~~~ "< o.~o o~ &< ~ ~ d . . ~ ~ " ~ - ~ o o + . . 8 . ~ ]8 ;, ,. F1RST HAmAN ALLJANCE CHURCH Q.R. 2735. Pc. 2800 G", ~~ g'" ~a'. ~~ "'''' 50: l5ci V> ~ G" I:!!:z~ a-" "'1;0. ~!;:~ C'i<:;!~ e~", o 15- ~~ "':f ~~ ~a: >00 " Agenda Item No. February 14, Page 51 OC '06 68 T.D.R.E. '" TEMPORARY DRIVEWAY RESTORATION EASEMENT P.O.C. POINT OF COMMENCMENT WilL BEARINGS ARE BASED ON THE SURI-t"I' BASELINE" P,O.B. = POINT OF BEGINNING OF COUNT'!' BARN ROAD AS BEING N 00'43'3)" W. R.O.W, "" RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF J THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727.1. CLIENT: COLLIER COUNTY TRANSPOR ATlON DI\IlSION lIE 1111 OIJ ~P':" HER &:1_ PndflaIa...I...,-... ,."".n,"'" .........,..n --.....-.....----......-5~" ..."-'>"___........ __"'Hl.___ -..-.......--.- ---- BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: ,".. '0;0' DATE: IAN '4 ~OO!l DRAWN BY:--->lAIi PROJECT NO.:~ ACAD No:gnn_!';nn7A FILE NO:~ EXHIBIT A f'9 15 of if) ~ TEMPORARY DlWEWAY RESTClRA1lON EASEMENT (DURATION: 3 YEARS FROM COMMENcaen-OF ~ION) PARCEL NO. 727A PROPERTY OWNER: f1..ORIDA ^PA~Tllf>;T CLU!!NAPII"S RE:FU?ENCf: O~ 'R~' pc; 1nS4 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA ~~ N"- H 126+00 COUNTY BARN RO.\ll SA. 1 7+30.117_ D......,S SL\ot>. STA. 128+82,00 1JO+00 132+00 12B+OO DA YfS BOULrvARO -.i,",-R~ 84) (7~ !!.O. W.) 1--------- --J8___ +, I~ ~ UNt: UJ:K;JJ;j IKt&I.(; U 25.0" N B;o'u'SB' W L2 '00(1' s B!l'5fi'SJ" W LJ !J6.22' N otl'4J'J," W L4 10,00 N 8915'29" E LS 8200 N 00'4;1'3'" W l6 68,00 SBin6'2g'w Ll 82.00 SOO'4J"J'"r: UI 68.00 N89U'29"t 8 + " ^ < " i'.~ei5 ~~~~ --J'l:t3"" t1C"l':YJ a::~:<;:~ <tCl~:::J QiSCl:: . 0 " . ~, 00 ;~ 8' < ,,:l :I;; ~~ " " - ei~ go! "0 " I I ~ ~'I I ~ Ii 1>- 8 I .. - I ~ ~ ~ I ~ ".. "'''' 8 "" + d- ~ ..(j ,,0. ~~ ~'" ~a:: 0 <d ~ ~ '" ~!> r-..~~ "'-., tQ~:( 0" 5ec a::~i1 O:~~ 2:!l < " .. ~ fQu"t- !l;i!i1C "'Ii", ~!5~ ~Ii~ o o + !2 8 ~ SEACREsr SCHOOL INC. o.R. 3219, PG. 2683 AlA TCHUNE SEE SHEET 1 Of" :3 T.D.R.E. - TEMPORARY DRIVEWAY RESTORATION EASEMENT P.D.C, = POINT Of COMME:NCMENT f1.Q1E;. BeARINGS ARE 8A5ro ON mE SUR~Y SASWNE P.O.B, = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEiNG N OO"<fJ'.3'" w. R.O.W. = RIGHT-Of-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF J THIS LEGAL DESCRIPTION AND SKETCH PREPARED ey: DESCRIPTION' PARCEL 727.10. CLIENT: COLLIER COUNTY ffiANSPORTATlON DIVISION ;._.i. NOU .. \Ul;BERok I lINDAGE..... Pn>ttl._I.II,IlJUI.....pJ.on.........._.......,...,. .....-----___........110O_...." ...------ --........-- _..___.IiI____ ...,____ BY, GEORGE W_ HACKNEY, P.S.M. NO. 5606 SCALE. 1".. 150' DATE::JAN ~4 2005 DRAWN B'T':---1A!i PROJECT NO.:~ ACAD No:qn7~_<>nn7A1 fiLE NO~~ Agenda Item ~,O. OC February 14, 206 Page 52 0 68 EXHIBIT A ~ 'iin of-Lll Agenda Item No. OC February 14, 2 06 Page 53 0 68 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY DRIVEWAY RESTORATlON EASEMENT) A PARCEL OF LAND LYING IN SECTION S, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COlliER COUNTY, FLORIDA, 8EING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER L YlNG ON THE '#ESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 89"34'58M WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706.30 FEET; THENCE CONT1NUING NOR1H 00"43'.31" WEST A OlSTANCE OF 555.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 00"43'31" WEST A DISTANCE OF 82.00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 68.00 FEET: THENCE SOUTH 00"43'31" EAST A DISTANCE OF 82.00 FEET: THENCE NORTH 89"16'29" EAST A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING ~,~.~ SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO- EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET :3 OF :3 DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY 'TRANSPORTATION DI SION . trnDAGE.... _....l...,uu.on.plo.""".....lu..!""""""" ____,..._".....w__......,._." 1M::::::: =:'-"::':..:':.. ~ =-- OJ."':.: r.::::= 8'1': GEORGE W. HACKNEY. P.S,~. NO. 5606 SCALE: NTS DATE:JAN 74 '(')05 DRAWN BY:~ PROJECT NO.:~ ACAD NO:>lnn "inn7A! FILE NO:-----9.QU EXHIBIT A ~ 1../-'7 of...J.el '.~~,~P0t'>ARY crW.'!TF,,_J:., i :~_-_!..: ~--l'SEMENT "f"'" ~~ "''LARS FROM COMMl:NL(;Mt:NT OF CONSTRtIC'TlON) SECTION 8, PARCEL NO. 777l'1 PROPf:RTY OI\lllER: FlORIO~ AP"''''I\oIrNT r.IIJRlOj,F>IF'<: REFF:RE"NCr~ 0 ~ 'II~' Pn 1~ AR(A OF TAK[; 0 011 "'CIlf'~ ~ TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUN~ SEE SHEET 2 OF J 5EACR~T SCHOOL INC. O.R. J279. PG. 2683 h y " N~ H J.JM: " " " " " " " ~ = I1J:MJtIJ1 25.0r' "B9'~'5lI. II' lilOO' 5 811'S/i',.J' II' 56.22' N OO'~J'.31. II' 2.00' Nll!l15'29"E 82.00' N oo'43'Jl" II' ',00' S B9:Jl'2S" II' ".00' NB9"fS'Z9ot. l:l ~ ".. ~g 0- ...ti ~": i!~ ~~ ~ci ici 8 ~ ~ 8 ~ 1:5ai ".. C\J?;l)j ~~~ tJ~~ "'ac a:&=> :f~ 8 ~- ~ ., IE q I ~ i I ~ .....1 " I I ~ . -, ~. < 8 "- ~ "c ~ ~I-' ~~ ~ tJa ~~ ~ 0.. n n + 8 . on J.,oi :0::; 8' < 8 ~ ~ ~ ~... ~ ~~ "Q~ !lo C\J.,....t:l -~11i .., [j~t : iE~~ ~ ~~~ &~ . . . a . , ~ i o < c " ~ '8 ,; F1RST HAITIAN I\WANCE CHURCH O.R. 27J5, PG. 2BOO ----- T.C.E. "" TEMPORARY CONSTRUCTION P.O.C. '= POINT OF COMMENCMENT P.D.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY 1J ~~ "' g" O~ "'..; >-<0 "'- "'"' '" "iii i:id '" <0 l.tILS~ co"" i"-c; ~~o.. "'<: ~O(.- ~~~ 8~1Ii d ffi- ;;1'" ~~ a: . ~; ~a:: i'id EASEMEN T t&lL. BEARINGS ARE BASED ON THE SURVEY 8ASELINE OF" COUNTY BARN ROAD AS SClNG N 00'43'37. W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 7278 CUENT: COLUER COUNTY TRANSPORTA1l0N DIVISION THIS lEGAL DESCRIPTION AND SKETCH PREPAREO 81': "IE In GNOU E- Ell Ie !ill UNDAGF:-. p,.,,(..._I."fta.....pIa.........,"'~"""",.,.. ----,..._----.....,.~"" '-=--::=.:.::-.':.",.'":..~=--..-=== BY: GEORGE W. HACKNEY, 1'.$.1.1. NO 5606 'SCALE' ,. w 150' DATE:JAN ?~ ?0015 DRAWN BY:---..itJt PROJECT NO.:~ "CAD NO:!1071-!m127R IlLE NO:--.!!..QlJ. Agenda Item NO.1 C February 14, 2 06 Page 54 0 ~8 EXHIBIT A ~ .Lf ~ of-.J.gl Agenda Item No. DC February 14, 06 Page 55 68 TEMPORARy CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMeNCEMeNT OF CONSTRUCTlON) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCfL NO, n7fll PROPERTY OVINER: n ORIDA .....UTl61lT ClIfRNA"'FS RI':FERf:NCE: n R ~R~' l'G In!Y AREA OF TAKE: n on A"JI!'~ '" ~~ N '- ~ c;j <l CO 125+00 128+00 COUNTY BARN ROAD I>.. 17+30. 7. DAVIS BLVD. ST"- 128+82.~ 130+00 '32+00 VA \1'5 BOULEVARD --.iS~R~ 84) (7'[ !l'O. W.) ,--------- __J8___ ., I~ "'"' " " " " '-5 " " Ul!U.>BLL = """"'" 2.5.tlI' I'IIlS'J.f'.5LI" II' 10.00' 5 Ilg~Il'~' II' ~.22' /oJ OO'4J'J1M II' 2.00 NSlrI6'29"r 82.00 N oo'''''''f" II' 5.00 5 89"J2'2lJ" II' J.oo N ll91lJ'29' C . '- "- ~i . ,,'" j~ ~!e Q. !)j~ goO "0 8 . ~ ~ . . "'it:O~ 1\10<:31 ......ti'<:;bl -.!lr.t3-o: l.L.!O<(lJJ ~~~C o:&~" ~ " ~ ~ ".. ~B ~ (j- ~ "'!e ffiol ~'" ~~ !1;:oO 8 00(0 + ~ e 0: ~~ ~~~ 1O~~ oj /: ,,~- O::o~'" Cf&~-.J ~~ ... ~ ~ti'" ~~~ "'0" "g;* ~OoO '" 0 SEACREST SCHOOL INC. O.R. 3219. PG. 2683 8 ~ e WATCHUNE SEE SHEET I OF' J EASEMENT ~ fJl':ARINGS ARE eASED ON THf SURVf:Y BASrUNE OF COUNTY BARN ROAD AS B~NG N OO'4J'J,' W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF .3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESC~PT10N: PARCE:L 7.Z78 CLIENT: COLliER COUNTY lRANSPORTAT1ON DI'vlSION T.C.E. '" TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.D.B. = POINT OF BEGINNING R.O.W. = RIGHT-Dr-WAY IE:NOU , "'. ...... _1...,moeo.pla_...IIIN14~,.... __________,......./III_...1l1 .... =...-:.=-==-...'":.. ~,=,. .....~ == BY: GEORGE W. HACKNEY, ?S,M. NO. 560ll SCALE: 1w.. 150' DATE' IAN ?4 ?0Dfi. DRAWN BY:........il!Ji PROJECT NO.:~ ACAD NO:Q073_<;!ln7R1 FlLE NO,~ EXHIBlT J1 Page3:!.L"Or &, J ---- TEMPoRARy COHS'ffiUCTION EAsEMENT (DURAllON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPnON (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF lAND lYING IN SECTION 8, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CCRI\'ER OF TI1AT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS or COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.OW); THENCE NORTH 89'34'58~ WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH OO.43'31~ WEST A DISTANCE OF 706.30 FEET; THENCE CONTlNUING NORTH 00"43'31" WEST A DISTANCE OF 555.00 FEET; THENCE CONTlNUiNG NORTH 00"43'31" WEST A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRI8ED; THENCE NORTH 89'16'29" EAST A DISTANCE or 2.00 FEET; THENCE NORTH 00'43'31" 'NEST A DISTANCE OF 256,82 FEET; THENCE SOUTH 89'32'28" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 00"43'31" EAST A DISTANCE OF 256.84 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1284 SQUARE FEeT OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTlONS OF RECORD; ABSTRACT NOT REVIEWED. TI-lIS LIGAL DESCRIPTIO~ AND SKETCH PREPAREO BY: LEGAL DESCRIPTION AND SKETCH SHEET 3 OF .3 DESCRIF'T10N: PARCEL 727B CUENT: COLLIER COUNTY TRANSPORTAll0N DIVISION Iti::= NO" - '''' i A.GI'!:_ """r_.~p1a_,.Jou>d........7W'I ~-=:.--:.:=. '='"'...--:::-.:::: r.::.:: ~ -..--...-........ _l___ ay: GrORGE W. HACKNEY, P.S.M. NO. 56013 SCALE: !\IT" DATE:.IA"-I'4 '005 DRAWN aY:----lIAti PROJECT NO.:~ ACAO NO: !Ion <:r'l7nRl FlU: ND:---5.QU Agenda lIem No. 1 C February 14, 2 6 Page 56 or 8 EXHIBIT A PBge-& of-W- "'J.,-' Agenda Item No. 1 C February 14, 2 6 Page 57 of ~8 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 827 PROPERTY OWNER; R ORIDA APARTMENT CLUB NAPLES REFERENCE: O.R 2852 PG 1 054 AREA Or TAKE: 028 ACRr:S :i: ~~ N' o ~ PERPETUAl, NON.EXCLUSIVE DRAINAGE AND UlllITY EASEME~ Lj a.. ... 2:... tl:l'" ::>0 ...- (,). ...'" zo.. 41 . j;!'" "'~ ...'" 0... ...", d ... a ii: o Ii UtJE II L2 LJ L4 L5 llNF TABLE = 25.01' 10.00' 7.11' J.OO' 2.00' BUllJI1{; N 8g.J4'5B~ W N 89'56'53" f: N 45"2J'09" W 5 89'56'53" W S B9'16'29- W /" SOU/HERL Y PROPERTY LINE /,fA TCHUNE SEE SHEET 2 OF 3 SEA CREST SCHOOL INC. O.R, 3219, PG. 2683 I 'N ~ t5r5 :;j:2 r--..~~4ig~ In "'-'" + co '<1;<( VI .... l.<.I ~ -J~lo,j~ ~. . t3fa~~ ~ ~ Ct::::g::J(() ..,. ~&~d 8 g t\::C"-' III =l: ~~ "," + I C'\J<J~ t'--t-.:..... ~ " '<>- ~~ ""i1J <"I)-"VJ :~t'5 kJ"'c O~:::i "'0:'" ~Q::l 1Xa 0 ,,'< 0 @;'" ;t; 0: '" ~ FIPST HAmAN AWANCE CHURCH O.R. 2735, PG, 2800 li I~! d +\0 0:' I EASEMENT 1 l:-1!llI;.. BEARINGS ,ARE BASED .ON. TH[SURVEY BASELINE OF COUNTY BARN ROAD .AScetINGN,QO'4J'Jl" W, LEGAL DESCRIPTIOtf' AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELB27 L1ENT: COLLIER COUNTY'TR NSPORTATION DIVISION T.C.E. ; TEMPORARY CONSTRUCTION P.O.C. POINT OF COMMENCMENT P.O.B. ; POINT OF BEGINNING R,O,W, ; RIGHT-OF-WAY ....~ :::: NOLI ..... ::::: i1BER & ...... ...... ...... UNnAGE;tI\'ICo Proflllulonal ellclnee~, plari.III!1~. ae I_lid sur'l'lil1OrlI C.lllor c...ll>' IhIlI.o &110, 7_ __ TnD, JII-' ".pIOl, n. ..1011 (81111&"_1111 1M ~~ =-'::'..':I.o~~ ~~=--,... M~ ===:= cj~ ~o ...@; o..:t 8 + 8 lien a ~" C'i ...'" 0'" '" '" 00 :li ~ d 00.. Q!; 0: Vl..., ...", ~ '0 Vl- 0 kJ'" 2: .:::. l5", ::> l5d 0 (,) Vl '" .OJ L.,(,)- "'2:'" ~-0 ""50.. fQ "" . -....'" a'" Cj2:~ a::> 4112", d g ~ ........ !") ~ ~~ ~'" . ~ 8" " " 0 0: ).. ~ ~ ~ " " "' <= Vl '< " ~ "' " <Il ).. "8 ~ ~ ~ N Ul L1 '" ~;;; L.l0 "'a.. ~! "'", ~d (,) .,; 8 R ;t, ~ '" ;; ~ ~ 8 " 8 + .. '" BY: ;~ ACKNE . P.S.-M.' ,NO. 5606 SCAtE::" '" :~':150" '-'OATE: AUG 3' '005 DRAY.t-I BY:~ PROJECT NO.: BOB1 CBR ACAD NO: 9073-5D827 F1LE NO: Q073 EXHI~T A PagEl I of~ Agenda Item No. 1 lC February 14, 2 6 Page 58 of 8 SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DA V7S BOULEVARD -...iS~,- 84) (7~ 3.0. w.) LJ PARca NO. an PROPERTY O'NNER: nORmA. APARTUENT CLUB NAI'IF"5: REFERENCE: 0 II: 2B5' PG 1054 AREA OF TAKE: O.2! ACRES ,!o ~~ N~ O ~ <3 V) 126+00 126+00 COUNTY BARN ROAD STA, 117+ .67- DA\IlS BLVD. STA. 128+B2.50 130+00 132+00 " ------0 + :2 N.~ ~8 ~~ ,--------- PERPETUAL. NON.EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ~ Q. <c """. ~~ d- ~(j ""Cl. "'",' ~It') ",<0 <c'" Cl.. <c'" <cd ~ Ii LINt: TARIF" J.g ~ NM1llli1 L1 25.01' N 89',]4'58- W L2 10.00' N 89"56'5J. E LJ 7.11' N 45"2.3'09- W L4 J.OO' S 89"55'5J- W L5 2.00' S 8916'29- W o~ tJ ....- ~ ....'" "" CIl. '1;>- d Cl ~Cj " N C3 S'-' " ~ <cQ. "O~ ;j: '" '" "" Cl . C"l).."l,r) :it ffi~ -~~ 0; ~ d LjoC ~ ~ 0: 3'"' 0;;_ 8 o a:: Q:;Ct::~ 8 ""0" '" ~ Od 0..", "" '::'1 :g~ 8 5 I & 8 U I it + N 1i >- ~C5 "'<~- c....,~ -+i 0 ~ - ~ co~~~ ~ ~ .,; ~ ;~ Lti c(J - t'I :!l ofil "" - '" ~ n D::~i:?~ '- g~ ~a..:::Jc::i !''l fi ~ ~o- ~ '" ~:z: 8 ;"I- ..,1 "" 8 "I LS '" ~I 0 0 ~ rf;\ >- I ~. ;0; ~I N 0: r-...~ L-::i d ii:1 "''' ~ ~a:: t'-..t-.: 10 ,,>- ",0 '" "'~ t3~ 0; ~~ "'& 8~ ~ ~g: +' m 8 ~ '" >- ~ CIl .". I':U 0..0:;<.; ~J:Q. U" """'<0 LS::l..- BiOa:: !Xl d SEA CREST SCHOOL INC. O.R. 3219, PG. 2683 T,C.E. ~ TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT p.o.e. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY; MA TCHUNE SEE SHEET f OF J EASEMENT... = BEARINGS ARt;BASE/!.ON..mE SURVEY BASELINE OF COUNty BARN R9A.P'l\SBElNG'N.OO'43'JI" W. LEGAL OESCRIP1'IONANO 'SKETCH SHEET 2 OF 3 OESCRIPTION: PARCEL 627 CUENT: COWER COUNTY TRANSPO TATION. DIVISION ..... .... .... II.... ..... ..... ...... :::::: UNDAGE,-. Prof."lonal e:n,,m..nr, pllllJD8r11, a: laAd. .urw..70nr c.w. ~ tWI. -. "* ~ Trt.II. lIorU11l1..., n. MI. ("}an-II II z.. =:T.:.:":r ::::..-=-::- ~'::.. =:.:-. n. ~: 1== BY: GEOR .~. NO. 5606 SCALE: ,. = , 50' DAlE: AUG 31 7005 DRA'WN BY:~ PROJECT NO.:8DA1-CRR ACAO NO;9073-~::;(')B?7A FILE NO:-S.QZJ. EXHIBIT A P8ge~ of-kl Agenda Item No. 1 C February 14, 2 06 Page 59 0 68 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, F'LORIDA LEGAL OESCRIPnON (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND lYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTlGULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEASTERLY CORNER OF rnA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COUI[R COUNTY, FLORIDA, SArD CORNER L'r1NG ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.D. W.); THENCE NORTH 89'.34-'58" WEST ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'4.3'J1" \'VEST ALONG A LINE 25.00 FEET W'ESTERL Y FROM AND PARALLEL \-VITH mE W'E'STERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. W.) A DISTANCE OF 705.30 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRr8ED; THENCE CONTINUING ALONG SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 1565.11 FEET; THENCE lEAVING SAID LINE NORTH 45'23'09~ \rYEST A DISTANCE OF 7.11 FEET; THENCE SOUTH 00'43'.3'" EAST ALONG A LINE 30.00 FEET WEST OF AND PARAllEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 520.05 FEET; THENCE lEAVING SAID liNE SOUTH 89'55'53" WEST A DISTANCE OF 3.00 FEET; THENCE SOUTH 00.43'31" EAST ALONG A LINE 33.00 FEET WEST OF AND PARAllEL 'HITH SAID RIGHT OF WAY LINE A DISTANCE OF 256.82 FEET; THENCE LEAVING SAID LINE SOUTH 89"16'29" ,*"ST A DISTANCE OF 2.00 FEET; THENCE SOUTH 00'43'31" EAST A ALONG A LINE 35.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE DISTANCE OF 59J.22 FEET; THENCE lEAVING SAID LINE NORTH B9'56'53~ EAST A DISTANCE OF 10.00 FEET TO THE paiN T OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.28 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. Pl!RPETUAL, NON-EXCLUSIVE IlRAlNAGE AND UTILITY EASEMENT ....~ :::: NOIJ ..... ..... .....I3:ER & ...... ...... ...... UN:tIAGE,_ Prol.olonal .nlln..n, pt.nne.r.. 6: t.ncl aur""yon ~ eo""."., lhalto 'lMI. 7"'" 'hallllBl 'tnlI. _, .0,1-.1'L "'lot (.13',"".'111 a.. =="::':r =--='Il'.:"'xi~ :~=- -:..":'"' '" It,: l:::~"':: LEGAL DESCRIPTJ.ON .AND SKETCH SHEET 3 OF 3 DESCRIPTION, PARCEL 8,27' '.' CUENT: COLLIER COUNTY TRAN,SPQRTATION: DIVISION lEV\"UN, BY,. A- .-67;.. GEORGC'W. 'ffACKNEY;'<e.S.M, NO. 5606 SCALE: N T S DATE: AlIG 31 2005 DRAWN BY:--JJ.W, PROJECT NO.: RDFl1-CBR ACAD NO: 907J...,.SDB27A FILE NO:---iQ1.2. THIS LEGAL DESCRIPTION ANO SKETCH PREPARED BY' EXHIBIT A page..2;i of..M Agenda item No February 14, Page 60 10C 006 f68 PERPETUAl,NO'~~Usrve ROAORIGHT-OF.WAY, llRAINAGE AND UTIUTY EA6EMEHT PROJECT NOI 60101 PROJECT PARCEL NOI 12e LEGAL DESCRlPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHED" .LOF .L 50' .~ ~"'!._-----~----------------------!!..~-~ ~ -----~~~ ~CXISr/Ii(J DRAIIt~. IIrlUTY CASCIIE/IIT ---- ---~=E:~~~:~- liT/Un- EASE/JE/IIT W'.irl3il_"""" IWIDrH VNIESJ COUNTY BARN ROAD (C.R.268) RIWU"---~- LEGAl. lI[5CJIIJOTIIlII . ,.....ct~ 110. III IIl[[ASTliDl"tUfl llfE.IT rOOrUTCf' TIll 'ILLOItIIllCIlUtllII(Dl'lIOI"EllTh TME$IlUTNJI2OF'Tlrt_fN'lJarr.-x',.,. ~"[ III' u~ << KCTlOIl.. fOMIII' 50 SIlITII. RAIICl(liUST, COCLI[IICCUlIn. HOItJD", ~ i EDEN INSTITUTE FOUNDATION INC. ~ FOUO NUMBER: 00403400003 t Oll 3364, PO. 2186 i . .w<!!!!. ""'.II'llIITflwu L5 'LMIO'IoUltW:T(II LI.LICEIlKIl1ll5lNUI ,....PI.."T.~ "G,".&GE 1'SI/."*"'USlOll.... 5UIM;TIlItIIlU'l'Dl C.II,.c_rrlllWl G..,. <<'lei.... .CllllO CAST PfffJI"€RTrtJllf: ~American .'.conlulllnllEnglneerIOrFlof'cll,LLC 4171 L.nllO'iu..fJlvll. Su/l.2ID 1..nllo'l.o*...F/orldoHU' Phono;('1:!1)'U_2'00 FU:(II:!1)U._ItO' CortJ11Uto "'AulUrlzoflon No. 7110 .DELC.Ild:EE.~ PWY~SSGN.. SlINfJ'f1If MID IIIi"PCR FUN10l CElfT"fI'K:Jn ",,50) DRAWN BY. .ICU COUI1lO CO<JNTT lJI1IIAR'T'N1lNTQI"~A1JON CHECKED BYI SI" ORA.IHC DATE. 08p1B.05 SC.ll.E. 1."00' EXHIBIT~ Page 51-\ ,of.1.e.L Agenda Item No. February 14, Page 61 iDe 006 f68 PERPETUAL. NON-EXCLUSIVE DRAINAGE AND UTIL, TY EASEMENT LEGAL DESCRIPTION AND SKETCH DRAlNAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSIllP 50 SOUTH, RANGE 26 EAST SHEET LOF 1.. ~ l!( L----- PROJECT NO. 60101 PROJECT PARCEL NO. B29A R/w_I!.""~~~:::N ~=--: ~. ~-;Z~ :: ~ ~ ;~~: ;_-=~.:~:=--__RIW Um (WIOf"H VARIES' L WEST PROPER1t~ LINE &- EASTERlY fVW LINE OF __ _____ -~T!_~_p~__S ------ IW Um i EXISTING {)RA.fNAGE. VTlLfTY EASEMENT ----- PROF'OSED DRA.INAGE, UTILITY EASEMENT LEal!. OE: CRIP JON . PARCEL HO. 129A " THE EAST 10 FEET or THI WEST 100 FEEt OF THE F'ClLOIrING DESCRIBED PROPERTh THE NORTH 112 Of' THE NORTH I J2 OF THE SE l/t OF THE NIl 1/4 OF' S[CTION 8. TOIkSHIP 50 SOUTH, RINGE 26 EAST. COl.LIER COUNTY. FLORIDA. ~ ; i SEACREST SCHOOL INC. FOLIO NUMBER: 00403400003 O.R. 3163, PO. 2379 ~ ~ ~ i!: ~ .illi!J2t ",. . RIGHT OF ..n LS . lAND SURVEYOR LB . L1C[NSl.O BUSINESS Po.. . PLAT 800l po. . PAGE PSW . PROI"tsslO/ttAl SURYETOft a YAPPER C.R. . COUNTY ROAD O.R. . OF'ICIAL RECORD Sf * OF THE IN{ % OF SECTION 8 sw ~ OF THE NE * OF SECTION 8 ~American ",a consulting Engineers of Florida, LLC 4111 Lllnd 0' L.llh" B/vl1. suit. 210 L.nd O' Lilli.., Flor/dll 3411Jll PhQnll: (813) 91111-2800 Fu: (813) 1196-1808 Cer/lfieet.. of Allthor/ntlon Na. 1110 Joel C. McGee, P.S.M. No. 8430 COUJER COUNTY DEPARTMENT OF ~A.17ON DRAWN BY. JeM CHECKED BY. SP DRAWING DATEI 08~tB~OS SCALE_ 1".100' EXHIBIT /-t ~S$ of ioT - Agenda Item No. we February 14, 006 Page 62 f 68 PeRPETUAl, NON.EXCLUSIVE . llRNHAGe AND UTILiTY EASEMeNT PROJECT NO. 60101 PROJECT PARCEL NO, 8298 LEGAL DESCRIPTION AND SKETCH DRAlNAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .LOF .L ~ ~~ R/W UIWI_ ---------------______~_____...B(!(_ .(.RItr FOR e ~fJ VAA/es'JO"D (CR.268J /HI ~ OF THe /tNI ~ OF SEcr~.!_.J HE y~ OF THE /INI ~ (Y' SEC'r1ON B WEST PRO/'ERTr LINE I- EASTERLY RIW UNE OF CQJNTr BARN ROAD rc.R. 2M} COUN1Y BARN ROAD (C.R. 268) 0--1 ~ r-- 1 1 '-__J e LEGAL DESCRJ'TlON . PARCEL NO. 82111 THE EAST 50 FEU or TNE InT 100 FEET or TN[ FOlLOW'IHG DESCRIBED PROPtRTTI 5 ~ ~ ~ TN[ SOUTH r 12 OF' THE: SOUTH I n. or 1lI[ ME 1/4 or THE NW 1/4 or SECTION e. TO...SIt'I" 50 SOUTH, RANCE 26 EAST. COlLIE" COUNTY. FLOftIDA. SEA CREST SCHOOL INC. FOLIO NUMBER: 00403040007 O.R. 3219, PG. 2683 1:1 ~ ~ i i LEGE..h RII . RIOHT OF ....Y Lt . UNO SUJlVETQA La . LICENSED 8USlNESS '.8. . PLAT BOl:* PO. . PAGE I"SU . PROFESSIONAL SUIM:1'DIt . MAMlEA c.lt. . COCINTT ROAD O.R. . OFFICIAl. fl[COltD HE.~ OF THE"" * OF SEc:r/ON 8 NW ~ OF THE liE V. OF SEr:rO t1 ~~"':Jt~~~~~.~" ,f FI,dd" LLe 4111 L.nd 0' L.kos Blvd. SUit. 210 L.nrl 0' Lllk", F/orld. 34/J3g Phon.; (813) gg/J.2800 FIX; (813) 9P/J.1908 C.rt/flc.t" of Autllru/z"rlcn No. 7110 JO", C. McGee, P.S.M. No. "430 COLUER COUNTY OBPARTMBNT OP 7'RANSIlORTA. 770N DRAWN BY, JCIlI CHECKED BYI SP DRAWINC DATE, Oe~IB-05 SCALE. I w.IOO' EXHIBIT A Pagek oC.leL PERPETl.JIIL, NON-EXCLUSIVE ROAD RIGHT-oF-wAY, llfW~GE NfO UTIlITY EASal1EJIT PROJECT NOI BOlO! PROJECT PARCEl NOI 130 SHEE:! LOF 1- 50' .~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION &, TOWNSHIP 50 SOU'I'H. RANGE 26 EAST COLLIER COUNTY, FLORIDA _!!/II' u'" ______~_______________~_____!!t!L.u_"t , e (WIDTH Y:eS~ ((;/1.21>81 COUNTYBARNROAD (C.R.26H) -R~ --------;vwu,; --~P::~:-~~~N~:.- UTlLITYE/oSE:IJE.NT ~ , i BEREAN BAPTIST CURCHJNC. FOUONUMBBll: 00403360004 O.R.467.PG.472 ~ i i lEGAL DESCRIPTION - PARCEL 130 THE EAST 50 FEET OF THE WEST 100 FEET OF THE NORTH ONE HALF (N 1/2) OF THE SOUTH ONE HALF (S 1/2) OF THE NORTHEAST OUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA osr PRfJI"EFflTUHE -""""- 1I....I'IIGll1Of..u ti ;tmNS~~rlN($S ~,Q. . ,...,u 'llOl. 1'li..PAGE PIIl.I'flOFE'SI0ll1L5\lIlVU~.lioU'f'tR t,R..CClINTYIIOAO 0,11.. Qnll:I14IltCOllO Agenda Item February 1 Page O. 10e ,2006 of 68 ~,ID~ r;.,' EXHIBIT A P8~ 57of.Jcl PERPETl.lAL. NOH-ElCCl.USlVE R(W) RIGHT-oF_V,llROlIWE Ale) UTIUlY E;.-;PTT PROJECT NOI 60101 PROJECT PARCEL NO. 131 SHEET .L OF .L SO' .~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUrn. RANGE 26 EAST COLLIER COUNTY, FLORIDA I , ~: I ~ -------------+- --,' RIW_/{IlI________________fJ.I?....!l!!t...-.J__J ~,RI'V1 F e ItrUJrH:::::SJ/CJAO<<:R.i!bB1 1iW~ af tltelM ~ of Sa:llDIt8 liE. y~ at '''' 1M Y4 .f Sellon . WEST f'ffJPE1Hr LI/IIE a CASTERI}' 11/1/1 Lilt! OF COJN'fYlJNINffOADfC.R. COUNTY BARN ROAD (C.R.268) ~ ~ ~ i COLLIER DAVIS LLC FOLIO NUMBER: 00403880005 O.R.3391,PG.2162 '" , ~ , I ~ ~ :~ ~ I~ ~ , ~ , ~I ~ ~ ~ ~ i: 0 sl , , I , , I : ! LlG.\l.DI[SCllIH10ll'P#oIIClLIIO.131 lICt.l,,,Sa'[[TOI'TMlIUTIODF'lETDF TMt: FCIlLOI'INll 1XSClIIIID "'tPIur, rlllW-OI'tIIl:llt.DFTlIEIM_OI' SlCTlDN '0 TDtMHIP' U SGlTK. llUlGl n US1.t(t.lIU~TT.1L0II1()A.LUINCl tJaPTlIIO fIl[RlFllOIfTMt: .TN n fl[T 111!1IElIF. EMf P'fJI'ERrr WIt ......... .....IIIGHTDf"..' U : t~~~r:II1US ......,.."'1* PO..,AOl ""',_lU101M1.SUIIWllOll'YUOI'lR 1:.1I..CClUllI1.-oAO O.II,.CW"CIAl.lICCOIO .>>E.LC.IId1EE.1"$II fflOFESSIONN.StIRV!YQIr Nfl) 1IN'f'E1f FIDIIIlM ClRrIU:ATE IIIIL 60) ".~American .,. Con~ulllnll Englnur. 01 Florld_, LLC (Ill ~.nd O' Lit.. 81.d. Sull' Zlll L.ndO'L.....,f"orld.HU. Phon., (afJJ'U-2IOQ fu;(,U)IIU.UO, c.,r/fiu," of"'~th."uflon No. 7110 CQW/I/f CDUNTr lJ/IPAR'T'HKNT 01' 7]t(NJ/lIQlfTA77ON DRAWN BI'I JeW CHECKED Bf. SP DRAWING DATt. OB-18-05 SCAlE, 1-.100' Agenda Item No. February 14, Page 64 DC 006 68 EXHIBIT A Page...Qi.of...Jcl. Agenda Item No_ 1 C February 14_ 2 6 Page 65 0 "8 r..; SIMPLe INTEREST SECT/ON 8, ~ -~ FOUND 4-X4 CONCRETE J.iONUMENT ~ STAMPED ~ g N '- ~ n ~ <l I!+ClO!J1;>..' '" "-~ TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PAIl.CEL 132 PROPERTY OWNER: ~ANTHFR ,,~y Hr. 5_ INII. REFERENCE;: O.R 37nl PO gO BENC.HMARK CaR-iiI. N 651403.76 E 416588.00 SAND BAG ~ ~f,4B~~JL (IIHNES$ CORNER) FOUr-JD 4X4 CONCRETE MONUMENT STAMPED LS 154J PRM SOU7H JO.2" EAST 0.J5' . ~ . CON11l0L SOO'IW1B"l: N.BO' STRUCTURE f*t~N!,R<}g ABANDONED' -.~ .~ -, . -" -'. -'. '.,~~ 5.02 IN _ CHA'lHAW SQUARF onnCIf'MENT CORP o.R, f4oU. Pc. 2121 lKIOOlIERE UJ([ Q.UB C.B. 28, PO..l3 PANrHER KEY IlC o.R. :S72tJ. Pc:. SID -. -'. -.~ ~.. 1i00THESl:OF1HE:~OFTHE SEl OF THE Sir' I OF SECTION a mas. R2fE; LESS THE IlDT ~. FfT'T MID THE: SOIJTH 30' FE!T. SOU7l-ltRL~ 30' -j " -'. -'. '. CONTAINING 4.35 ACRES (:1:) '. -'. SET j~ IRON ROO STAMPED . AB8 INC LB 3664" . "''''V SCXl".u"2Tr 30.01' ~ & -'. -'. -'. -'. -'; l'.TTNrSS CORNER SET 9" IRON ROD STAMPED -AB8 !Ne LB 3564" -'. .of..... " ~ PANTHER KEY LLC o.R. 3720. PC. go FOUND 4X4 CONCRETE COl.U.:R IJONUMENT LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION, PARCEl 132 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION BOIJNDARY& TOPOGRAPHIC SUfl:VEYO/' ALL THAT PART OF lHE SOUlHI\EST 1/4 OF" SECTION 17 TOWNSHIP 50 NOR'Ol IE RAf<la:: 26 ~ST. COLUER COUNTY FLORIDA II" OU I Jl:HII . UNDA.CI!:.... p,.,r........l ........... pWman. It loAd .........1"'" -------.--.......ee' ------- --....... 0_"__"____ ___ BV:_ GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1" _ 100' DATE: .IAIII Q ?OnA DRAWN BY:-IBA PROJECT NO.:aom..:-...cEIH. ACAD NO:~ mE NO'~ EXH'~T A Pa~ b of...k.1 r~ SIMPlE INTEREST SECTION 8, Agenda Item No_ JC February 14, 2 06 Page 66 0 68 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEl ND. "A~~F1 lJ2 PROPERTY OWNER: PANTIoIEJI Kr'V II r: REFERrNCE; O.R 3720 P<:. ~ LEGAL DESCRIPTION OF PARCEL 132 ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTlON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTIC!JLARL Y DESCRIBED' AS FOLLOWS; THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOU1HWEST QUARTER OF SAID SECTION 8 LESs THE WEST 50.00 FEET THERE OF FOR COUNTy BARN ROAD RIGHT OF WAY PURPOSES AND LESS THE SOUTHERLY .30.00 FEET THEREOF. CONTAINING 4.36 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RES~ICTIONS OF RECORD; AGNOLl, BARBER AND RRUNDAGE, INC. PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS AND MAPPERS GENFRAI Nnrr<:, 1. Dll./rNSlONS ARE IN /"ITT AND DECIMALS THEREOF. 2. CUR\If DIMENSIONS ARC AS FOLLOWS; f:" - DaTA ANGLE, R .. RADIUS, A .. ARC DISTANC," CH = CHORD DISTANCE AND eHB .. CHORD BEARING J. P.O.B. ~ POINT OF BEGlNNlNC. .... P.O. C." POINT OF' COMMENCEMENT. " BrARINGS ARE BASED ON illiJ:!!J2 . .. Sf:! IRON ROD/CAP @ ,. FOUND PK NAIL &: DISC m "" IRRIGA TION CONTROL BOX m - WATfR Mf:TtR {ZJ = UNITtO TELEPHONE SYSTEMS RISER ... - WATER VALVE" . = BACK FlOW PREVENTfR ~.J: = CLEANDUT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 132 CUEST: COLUt.R COUNTY TRANSPORTA nON DIVISION BY: BOUNDARY ok TO~OGRAPHlC SV"V(Y OF A1.I. Tl-iAT PART OF THE SOUTHI'If.:ST 1/4 OF SECTION 17 TOWNSHIP.50 NORTH Ii; RAf.lOC.26EAST,CCUJERCOlJt.lTYF'LORIDA . OU ... UNtIAGJl_ -'-~.pIo."""N,...l&Dd._7WII ------.....--.....,.--.... ...-r-:~:..":..:;=-......::= GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE; l"..mn' DATE: IANll '/'10F; DRAWN BY:---1RA r>ROJECT NO.:~ ACAO NO:~ FIlE NO:----.Slli EXHIBIT-L ~ 0D of.ia.L TEMPORARY DRIVEWAY RE8TClRATION EASEMENT ~11ON;3~FROM llOIo\MENCEMENT Of' CONSTRUCTION) Agenda Item No. 10C February 14, 006 Page 67 f 68 SHEET J..OF 1. ~ LEGAL DESCRIPTION AND SKETCH to!( ~ TEMPORARY DRIVEWAY RESTORA DON EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PROJECT NO. 60101 PROJECT PARCEL NO, T61 ~ RIW . RICHl OF' WAY LS . LAND SURVEYOR La . LIC(NKO BUSINESS P.8. I PlAT BOOK PG. . PACE ,"iSM . PROFESSIONAL SURVEYOR. MAPPfR C.R. . COUNTY ROAD 0.11. . OFFICIAL RECORD LI' LECAL DESCRIPTION. PARCEL NO. 761 ~ ~ THE WEST 19 FEET OF EAST -404 FEET OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND ~ARTHA BICKFORD 6Y DEED OF RECORD IN a.R. 2231. PACE 1300 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW ] /1. OF THE SW I 1<4 OF SECTION 8, TOWNSHIP SO SOUTH. RANGE 26 EAST. COLllER COUNTY, FLQRlOA. I: ~ I: ~ HARRY & MARTIIA BICKFORD FOUO NUMBER: 00406600305 O.R. 2231, PG. 1300 r iX/STING ROADNAY. DRAtNJ&E -L UTILITY EASEI/ENT - 19' TEMPORI>RY DRNEWI>Y RESTORATION EASEMENT - - - r' I I I I I I I RIW Lln. \. EAST P;ERTr LINE .. WESTERLY R/W LINE OF COONtr 8ARN ROAD reA. 268J COUNTY BARN ROAD (C.R. 268) RIW FOR COONTY SAM ROAD {C.R. 2681 (WrOTH VARIES) NW ~ Of THE SW ~ OF SECTION 8 NE ~ OF THE SW ~ OF SECTION 8 "7t./lJ' nt tIj American ',a Consulting Engineers of FlorIda, LLC 4111 Lrrnd O' Lakes Blvd. Suite 210 Land 0' Leku, Florida 3415311 Phone: (813) 9PIl-2800 Fn: (813) UIl_1P08 C.rllflcIlt9 of AuthOtlutlOll No. 7110 JOfJJ C. McGe., P.S.M. No. 15"30 COLL/BR COUNTY DBPARTMBNT 01' TfUNSPORTATJON 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 . \. , ( I I I I i :- ~ L ~ ". DRAWN BY' JeW CHECKED BY' SP DRAWINQ DATE. OS-18-05 SCALE_ 1".60' PROJECT NO. 60101 PROJECT PARCEL NO. 762 EXHIBIT IJ Page.Je.L of-.lci. Agenda Item No. OC February 14, 06 Page 68 68 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMNeNCEMENT OIF CON8TRUC'TlON) SHEET L OF .L ~ LEGAL DESCRIPTION AND SKETCH ~ ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I I I II I I : I I I " \.. ~ I:: ~ /~ I ~ : I I , I- I L ~ I ~ ( 'WTEMPORmr DRIVEWAY I RESTORATION !ASEMEIIT I I I I I I I I I I I I I I I 2fJ' I =-< I I I I I I I I I I I I -1-' LEC(HOI R"'l' . RICHT CF ."., L5 . LAHD SURVEYOR LB . L IClN$[D SUSIN[SS P.B. . PLAT BOOlt pa. . PAQE PSY . PAOF'lSSION.l.L S!JftVEYOR . IMPPER e.R. . COUNTY ROAD a.R. . OfrlCIAL RECORD wEST PROPERTY UNE JONATHAN GIFFORD FOLIO NUMBER: 00406200006 O.R. 842, PG. 1888 ~ ~ ~ i LECAL DESCRIPTION' PARCEL NO. 162 THE WEST I 9 FEET OF EAST 44 F'EE.r or: THE souTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFrORO BY DEEO OF RECORD IN a.R. 842. PACE 1868 OF PUBLIC RECORDS COLLIER COUNTY, fLORIDA. SAID PARCEL LOCATED IN tHE SOUTH 1/2 OF THE NW 1/4 OF THE SW I 14 OF SECTION B. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTy. FLORIDA. ~EXJSTING ROIDNR,DRNNNiE &- UT/UTY E~!"ENT --- \!~ PROPERTY UN! I- WEsrERl:I R/W UN! OF COOliTY BARN RO/II) (CR. ~ RIW Urr: R/W FOR COONTY BltRN ROM) fC./t 2681 (IN/Wit VAAl'SJ "JI> ~ COUN1Y BARN ROAD (C.R. 268 IfW ~ OF THE SW ~ OF SECTION 8 NE ~ OF THE 5VI * OF SECTION 8 ~~~t~~~~~e~" 01 PI""e, LLC 4111 Land 0' Laklll Blvd, Suite 210 Land O'Ldlu, Florida S4/l31l PhonlJ: (813) 9115.2800 Fu: (813) 1l1lO-11ltl8 CertlfleatfJ of Authorl~tltirJn No. 7110 Jail/ C, Me-GIIIJ, P.S.M. No. /l430 cal.LIER COUNTY DIlPARTNllNT OF 71fANS.GORTA77ON DRAWN By I JC'" CHECKED BY' SP DRAWING DATE. 08-18-05 SCALE. 1".60' Agenda Item No. 10D February 14, 2006 Page 1 of6 EXECUTIVE SUMMARY Request direction to staff to proceed with its due diligence review and contract preparation of proposed land exchange between Collier County and City of Marco Island. OBJECTIVE: Obtain Board direction to proceed with its due diligence review and preparation of a real property exchange agreement for a proposed land exchange of the County's Marco Island Recycling Center for two City of Marco Island properties, one abutting Marco Airport and the other, consisting of two lots, lying westerly of and directly across E. Elkcam Circle from the existing Recycling Center. CONSIDERATIONS: The City of Marco Island (City) wishes to expand its Water and Waste Water Treatment Facility located northeasterly of and abutting Collier County's (County) 1.51 acre Marco Island Recycling Center (Center). The City requested to purchase the Center site, but because the County's presence on Marco Island is critical for recycling and hazardous waste collection purposes, the City now proposes that the County exchange the Center site for two separate properties owned or currently under contract for purchase by the City. The properties to be exchanged by the City comprise two lots totaling 0.80 acres situated immediately across the street (E. Elkcam Circle) from the Center site (collectively Parcel 1) and a 1.01 acre parcel abutting the Marco Airport (Parcel 2). The attached aerials show the three properties and their locations. .-- As part of this proposed exchange agreement, the County is responsible for relocating existing Recycling Center equipment from the Center site to Parcel 1. An underground fuel storage tank which exists at the Center site will remain and become the responsibility of the City. The proposed agreement will provide for an inspection period and each entity will be responsible for conducting its own due diligence, which will include an environmental audit of the subject properties. Should either party be dissatisfied with the results of its review and investigation during this period, it may terminate the agreement. The City has agreed to pay for County related routine purchasing expenses, including recording fees, title commitments, title insurance, and environmental audits, if required, (Transaction Expenses). Real Estate Services staff appraiser has appraised the three properties. The Center site appraised at $2,631,000, Parcel 1 at $1,394,000 and Parcel 2 at $336,200. This exchange is beneficial to the County as it will allow Solid Waste to maintain a Recycling Center on Marco Island and expand the County-owned premises at the Marco Airport. This additional property allows the Airport Authority to relocate some of its existing vehicle parking so as to create new areas for aircraft tie down and other income producing ventures. Although the County is currently using the Center site, the exchange would result in a replacement site for the Recycling Center thereby eliminating the County's need for the Center site. While there is a value difference between the Center site and Parcels 1 and 2 combined, it is staff's opinion that the benefit to the County will offset the difference long term. ,.-- Provided the Board gives the requested direction, staff will bring back at the next Board meeting an exchange agreement between the City and County outlining the final terms of the exchange for your consideration. Agenda Item No. 10D February 14, 2006 Page 2 of 6 FISCAL IMPACT: Any expenses other than Transaction Expenses incurred by Solid Waste related to this exchange will be paid from Marco Recycling Center Fund (470) - 173442. Any expenses other than Transaction Expenses incurred by The Airport Authority related to this exchange will be paid from Airport Authority Capital Fund (496), WBS 50053. The appraised value ($336,200) of Parcel 2 will be transferred from The Airport Authority Capital Fund to the Marco Recycling Center Fund, after a Federal Aviation Administration grant is approved. Land acquisition is eligible for 95% Federal Aviation Administration grant funding with matching funds of 5% coming from local funds. In the event an FAA grant is not approved, the Airport Authority will still have to reimburse the Solid Waste Fund using General Fund dollars. GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board direct staff to proceed with its due diligence review and with preparation of the proposed exchange agreement and to bring a proposed exchange agreement for the Board's consideration. PREPARED BY: Charles E. Carrington, Jr., Manager Real Estate Services / Facilities Management Department ""., Agenda Item No. 10D February 14, 2006 Page 3 of 6 Item Number: Item Summary: MeetillllOate: Ar.mnda 118m No. 100 "febn.iWV 14. 200G P"ge,lore COLLIE!{ COU'iTV 80f,RD OF COUf,TY COMMISSIONERS '00 This item to be hearo at 11'30".m Request d,rectioll 10 s1a1'flop'\I~eed""iih rt~ due di!,gence review and "cnt'~cl prepamtion Of propo'ed laM e1ctumge between Coll;(H County and City of Marco Islilnd (Jim DeLony, Admir"str~lor, PUOlic U"lih~s) 2114120D69GO:OOAM D.. P,..,plI...,d By Charles E. CarrinIlU'n.Jr., ''''''' Admi",s\rati"eSe'l'ices Raal E~tIll~S,.",icH Manl<l!er f;!cilrt'e"M"na(lem~nt 1I3{1'10061:28:2&PM D.. Approv~d By rn"....saM,CODk C<)u"lvM2nagN'~Otlict! Eucuti""O'r<'ctor Airp<>rtAuthorily 1!Wi2DOS2:JOPM om. Approv~d By Skip C~mp,C,F.M. Admi"islr~ti"e S"rvl~..s Faeilrt,..s "'.n~g"'''c''t Dimolor F"cihh"sManagem""1 1130!Z0064:43PM D~I<l Appro\'~d By D,,,,,,.I R. R~,hi{lIlR'. M.B.A. Illt",im SoJ,~ Wa>;tu Dj'''~tor 1i31:20067:J2AM P"\)Ii~ Utilities SolldWasl~ APP"<l\'<'d B)' Dal" B3l1>araA,Olk<> PubhcUtilitiu Adml"'r.lri<lI""A~sist""l P"blj"Utilih'MOp~r"tioIlS 1i31120069:08AM Do. Approved By Ja",esW,OcLeIlY PUllli" U;jjjli~s "'''hilt Utibt,~s Adminhtr"lor P"bile Uhlrti~I<Ad",i"j.~!"'ljell lijl20061C:18AM Dille ApP"o\'ed B)' OMElCo'>rjji"I'I<lf County f>''''''''!l''r'~ Office Admlllistmtiv('A.~~islanl otf;~" 01 Man";~""HlI 8. Budget ?)6.'20061l:11AM Dal<l App"<lved By SU.~.lllJ"h"r Counly 1II~1l~I!~r'.~ Ollie.. 5<1",erM<ln"gcm"nt!Budg...:A""I;r'~t Ortictl "r MI<"a\jNnl<llt ll. Bud~I"t 21tl!20065:38PM DM~ Appn)\.ed By Jamesl/,/IIlIdd B<>Nd01 COyoty C()'nn\;s~;""c.. COllotyM3"agar Co",,\y Manaller's OIfice 2i7/10iXi1Z:19PM CITY OF MARCO ISLAND WATER & WASTE WATER TREATMENT Agenda Item No. 10D FACILITY, COUNTY TRANSFER STATION & PARCEL 1 Februa;;a~:l~f~ Agenda Item No.1 OD February 14, 2006 Page 6 of6 PARCEL 2 Agenda Item No. 10E February 14, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve award of bid 06-3941, Tamiami Trail (US 41) 16" water main upgrade in the Amount of $3,559,343 to Akerman Construction Company Inc. for the construction of the Potable water main along U S 41 from the Lely Canal (approximately 1600 feet east of Rattlesnake Hammock Road) to Barefoot Williams Road, Project 71059. OBJECTIVE: To obtain approval to award bid 06-3941 to Akerman Construction Company Inc. for the construction of a 16" water main on US 41 from the Lely Canal to Barefoot Williams Road in the amount of $3,559,343. The public purpose is to replace the existing failing water main and to ensure safe, reliable potable water for the residents. CONSIDERATIONS: On June 28, 2005, under the agenda item 10J, the Board of County Commissioners (BCC) authorized the design and construction of this water main. In accordance with the procurement policy of Collier County, and under contract # 01- 3290, Fixed Term Professional Engineering Services, dated September 10, 2002, staff approved a work order to Johnson Engineering Inc., to provide engineering services related to the design, permitting, and construction inspection services for the water main. .-- On November 1,2005, under agenda item 10 G, the BCC approved the construction ofa water main along US 41 from Rattlesnake Hammock Road to Barefoot Williams Road contingent on Florida Department of Transportation (FOOT) issuing the permit. On December 29,2005, FOOT issued the permit subject to certain conditions which required several changes to the bid award. One of the main concerns for FOOT is the impact this construction would have on the existing pavement. To comply with the permit requirements it was necessary to exclude a section from the intersection of Rattlesnake Hammock Road and US 41 to the Lely CanaL Further, a study and re-design of the alignment is necessary to construct a new water main in that section. The change in scope of the work and design changes at several medians dictated the need to re bid this work. Therefore, on January 10, 2006 under agenda item 16 C 8, the BCC authorized staff to rescind the bid award to Douglas N. Higgins, The scope of work is to install the water main in the median of US 41 from Lely Canal to Barefoot Williams Road. Bid 06-3941 Tamiami Trail (US 41) 16" water main Upgrade project was advertised on January 3, 2006. One hundred and eighty notices were sent and two bids were submitted on February 6, 2006. The bid proposal amounts were as follows: Re-Bid .-- Name Base Bid Alternative Total Akerman Construction Co. $3,476,243.00 $83, 100 $3,559,343.00 Inc Douglas N. Higgins, Inc. $3,623,035.20 $60.700.00 $3,683,735.20 Executive Summary A ward bid Contract Page 2 Agenda Item No.1 OE February 14, 2006 Page 2 of 6 The County will pay for the base bid of $3,476,243, and V.K. Deve]opment Company will be reimbursing the County an amount of $83,100 for the alternate bid amount. Staff reviewed the proposals and concluded that Akerman Construction Company Inc. has submitted the lowest, qualified and responsive proposal. This Contractor has a satisfactory performance record on various projects in Florida involving similar work. The Engineer's estimate for the Water main project was $3,500,000, which included a 15% contingency. Due to the heavy traffic conditions in this particular section of the roadway and the restrictions of the Maintenance of Traffic plan as required by FDOT penn it, the contractor will have to construct certain activities of the work between 6PM and 6AM. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary. FISCAL IMP ACT: This project was approved by the Board in the FY06 budget on September 22, 2005. The total amount of funds required for this project is $3,559,343. Sufficient funds are available in project 7] 059. The source offunds is Water User Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Approve award of the bid 06-394], Tamiami Trail (US 4]) ]6" Water main Upgrade to Akennan Construction Company inc. in the amount of $3,559,343. 2. Approve the contractor to work between 6PM to 6AM in order to comply with the ROW permit conditions. 3. Authorize the Chairman to execute the standard construction contract after review by County Attorney. PreDared Bv: Shanthi Sridhar, Project Manager, Public Utilities Engineering Department. - Item Number: Item Summary; Meeting Dat9: _tJ.ganda item Ne,10E F'ebru,)ry14_2006 P8ge3of6 COLLIER COllNTY SOARD OF COUNTY COMMISSiONERS 10E f<:B~ommeml~tlon to IIpprove ~ward of bid 06.3S41 In the Amotmt of53,55(1,343to Akerman Construction Company Inc. for the cot1~\ruCI'On Of the Potable Waler Main along U S 41 tr<lm Lely Conal approx,mately 1600 feet Mal of Ratlle.nake Hammac, Road and US 41 Intefl'Uction 10 Barofoot Williams r~olld Projecl 7105\1 (Jim DeLany, Administrator, PublIC Utiliti"s) 2114120069 OO_QO AM p,,>jectM~"a9'lr """ Prepared By SnanlhiSridhar P"blkUlU;;;e~ Public Ulillli.."E"ilin..~rillg 1J1T!Za06 Z;S4,5~ PM Water Operallllns Managl1r """ Approved By Pllm<llaLibb!( J>ubllcUlilities W.ter 1/13120111i9:10AM PIi""i,,~IPfoject.MilnOlIl..r 0.. Approved By William D. Mullin. PE P"hlicUtlliti"" Public Utilitills En..in....ring 1!Z1I20Ct12:S8PM App,'oved By Op...OIlio050;,..ctor "". Thorn.sW.rl.... P"blicUtillti... P"blicUtilitlesOfler.li"n~ 1!27!2nOG 2;35 PM PUblic Utdit;u Engm....';ng Oin."'w D.. Approved By Roy B. Anden<ot'l,P.E, Public Utllit.ie~ Public Ulilitles Engm...rinll 113111(1)65:J7PM Approved By Watef'O.rectllr Oate PlluIMatt"""ctl PubllcUtillli.... Wat..r V112006!:5GAM Purchasl"llAg..nt "".. Approved By JackP,Cun-an Adm;n;st,lltiv..S..rv;ce.. Purchasing 2I1W:wt7,SSAM Pmcha~l"g!Gen..raI5vc"Director """ Zf1!200tg:2:5AM Approved Dy $t.......Camel1 Adm;nistnltiyeS"rvietls Pun;tlasinll Approved By Acquisition ManJlger Oat.. Mike Hauer Adminl!rtNltivoServices Purchasing Zl112ct1l;l!;21>AM Appreved By Pllbhc utillti..,. Adml"is!rlltt>r """ Jam""W.O..lony P"lJlicUtiliti"s P"bliCUlilitla",Administraljt>n zm:zoo& tl:53 AI/I Approved By AdministraliveAss,s\"nl D.. OMBCoordi"<Ut>r C"unt~ MQnag\l(sOm"... Offic~ojM..n..gemenl&E1u\lIl...1 Zi112(ltl&1(l;Z7AM MiehaelSlnykoW!lkl Mana!l.mlllf1\&Buug"tDlr"c!l>r ""'. Apprt>vrd By County M"na!lt!"" OItic<l oreic.., 1>1 M"""9"m..nl & au<lllm 2I,i160l>1:11PM Approved By LenE,Ochs,Jr. Roqr<.!ofCounly Cmnmlui""e,-,; Dep"tyC""<ltyM<lnollJl>r D.. CnuntyManaller""Office ImZO(l6S;tl4PM Agenda Item No 10E February 14, 2006 Page 4 of 6 Project Name: Tamiami Trail (US 41) 16" WM Upgrade Capital Project No. 71059 I fY04 .. FY05 FY06 FY07 fY08 2004 I 2005 I 2006 I 2007 I 2008 -- EVENT Cost Qt, Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 4 Engineering $54,000 - Design Bid Services $5,000 N- Construction f---- - - - Construction Ins. $160,700 - - f---- r-- Project Total $219,700 Project Manager: Agenda Item No.1 OE February 14, 2006 Number of notices ieq1.e 1BOf 6 No. of Bids Received: plans:7 Bid 06-3941 Tamiami Traill US 41- 16 inch Water Main Upgrade Sandv Sridhar # of Co.'s Durchasin 06-3941 Tamlami Trail US 41 Akerman 16 inch Water Main Unnrade D. N. HIGGINS Const Co QTY UNIT Unit Price Extended Price Unit Price Extended Price Mobilization 1 LS $ 145000.00 $ 145,000.00 $ 15,000.00 $ 15,000.00 Maintenance of Traffic 1 LS $ 120,000.00 $ 120,000.00 $ 150,000.00 $ 150,000.00 16" CL51 DIP 9,210 LF $ 136.00 $ 1,252,560.00 $ 124.00 $ 1,142,040.00 Gate Valves $ . $ - 16" Gate Valves 24 EA $ 4,500.00 $ 108,000.00 $ 1,000.00 $ 168,000.00 8" Gate Valves 13 EA $ 1,500.00 $ 19,500.00 $ 2,500.00 $ 32,500.00 6" Gate Valves 4 LS $ 1,300.00 $ 5,200.00 $ 1,800.00 $ 1,200.00 Air Release Assemblies 20 EA $ 3,200.00 $ 64,000.00 $ 2,500.00 $ 50,000.00 Connect to Exlstlna Water Main $ - $ - Connect to Existlno 16" Water Main 1 EA $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 Connect to Existinn-12" Water Main 1 EA $ 5,500.00 $ 5,500.00 $ 1,500.00 $ 1,500.00 Connect to Existlna 8" Water Main 13 EA $ 4,000.00 $ 52,000.00 $ 3000.00 $ 39,000.00 Connect to Existinn 6" Water Main 4 EA $ 3,500.00 $ 14,000.00 $ 1,800.00 $ 1,200.00 Connect to Exlsti"" 2" Water Main 8 LS $ 1,500.00 $ 12,000.00 $ 1,500.00 $ 12,000.00 Vertical Deflections 3 EA $ 19,000.00 $ 51,000.00 $ 7,500.00 $ 22,500.00 Sod 9,330 LF $ 5.00 $ 46 650.00 $ 2.00 $ 18,660.00 Sitt Fence 18,660 LF $ 0.41 $ 8,110.20 $ 3.00 $ 55,980.00 Pavement ReDair 1,150 LF $ 60.00 $ 69,000.00 $ 20.00 $ 23,000.00 Curb Rentacement 1,800 LF $ 38.00 $ 88,400.00 $ 45.00 $ 81,000.00 Grout Existinn 12" Water Main 550 CY $ 100.00 $ 55,000.00 $ 90.00 $ 49,500.00 8" Direction Drill 310 LF 120 $ 44,400.00 $ 120.00 $ 44,400.00 8" Onen Cut 1,130 LF $ 80.00 $ 90,400.00 $ 45.00 $ 50,850.00 6" Directional Drill 80 LF $ 90.00 $ 1,200.00 $ 90.00 $ 1,200.00 6" Ooen Cut 220 LF $ 10.00 $ 15,400.00 $ 40.00 $ 8,800.00 2" Directional Drill . LS $ 60.00 $ . $ - 2" ODen Cut 330 LF $ 40.00 $ 13,200.00 $ 15.00 $ 4,950.00 16" DR11 HOPE Direction Drill Water Main 5,289 LF $ 195.00 $ 1,031,355.00 $ 211.00 $ 1,147,713.00 Cost to Perform Work at Ntnht 1 LS $ 215,000.00 $ 215,000.00 $ 250,000.00 $ 250,000.00 Concrete/Asohatt Side Walk Repair 1,500 LF $ 25.00 $ 31,500.00 $ 1.50 $ 11,250.00 TOTAL $ 3,623.035.20 $ 3,416,243.00 Project Manager; />,aenda Item No. 10E " February! 4. 2006 Number of notices ~ tsQf 6 No. of Bids Received: plans:? Bid 06-3941 Tamiami Trailf US 41n 16 inch Water Main Upgrade Sandv Sridhar # of Co.'s Durchasin Alternate Bid 12" Future Connection In Median 1 LS $ 4,000.00 $ 4,000.00 $ 12,000.00 $ 12,000.00 12" Future connection S. Side of US--41 $ - $ - 12" Future Connection 1 LS $ 3,500.00 $ 3,500.00 $ 15,000.00 $ 15,000.00 14" Directional Drill 80 LF $ 200.00 $ 16,000.00 $ 190.00 $ 15,200.00 Unsize 8" Water Main $ - $ - 12" CL51 DIP 100 LF $ 110.00 $ 11,000.00 $ 97.00 $ 9,700.00 14" Directional Drill 80 LF $ 200.00 $ 16,000.00 $ 190.00 $ 15,200.00 Grout Existino 8" Water Main 2 CY $ 100.00 $ 200.00 $ 500.00 $ 1,000.00 All Necessaru Flttinns 1 LS $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 TOTAL $ 60,700.00 $ 83,100.00 Addendum Acknowledoed Y Y Materials Manufacturers Y Y List of Subcontractors Y y Statement of Exnerience of Bidders Y Y Trench Sa~ Act Y Y Bid Bond Y Y Business Contact Information Y Y .,-;:; / PurchasinG Aaent. "L 1/ j fJ/ Witness: -(}.ti'_:-",~. , {!f!. _ "'TTi" EXECUTIVE SUMMARY Agenda Item No.1 OF February 14, 2006 Page 1 of 7 Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-3583 "CEI Services for Collier Boulevard Road Projects" for Project No. 65061 "Collier Boulevard, Golden Gate Boulevard to Immokalee Road" in the amount of $1,663,792.80. OBJECTIVE: To engage professional Construction Engineering and Inspection (CEl) Services from highly qualified firms for upcoming Collier Bou]evard Road Projects in a cost effective manner. CONSIDERATIONS: On October 29, 2003, the County published an Invitation to QualifY (lTQ) to provide CEI services for upcoming County road projects in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to ] 66 engineering firms, 25 vendors requested full proposal packages and ] 2 responded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21, 2003, and by consensus, short-listed 9 firms as qualified to receive subsequent ITN (Invitation to Negotiate). --- An ITN was issued on August 4, 2005 with a deadline for response of September 8, 2005 for Project 65061 Collier Boulevard. A Selection Committee meeting was held on September 27 and the committee established an initial ranking of the firms. Subsequent to that, one of the competing firms filed a protest with the Purchasing Department. As a result, the committee reconvened November 17, 2005, and by consensus, re-ranked the firms as follows: Project 60005 1. Johnson Engineering, ]nc 2. Consul-Tech 3. KCCS, Inc. 4. HDR Staff has successfully completed negotiations with Johnson Engineering, Inc. in the amount of $1,663,792.80 for these services. CEI services are being requested at this time in order to assist in the re-bidding constructabi]ity review and any other tasks deemed necessary. FISCAL IMPACT: Funds in the amount of $],663,792.80 are available in the Transportation Supported Gas Tax Fund and Road Impact Fee Funds. Source of funds are Gas Tax and Impact Fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of Johnson Engineering, Inc. for award of this project contract and authorize the Chairman to sign ___ the standard, County Attorney approved contract. Prepared By: Lynn R. Thorpe, P.E. Attachments: ]) Spreadsheet 2) Schedule of Fees 3) Personnel Assignment Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD 01"" COuNTY COMMISSIONERS HI" Recommendatlorl to Approve Selection of QUllJ;fied Firm IInd Awerd II Contract Under iTN 05.3553 ::1::1 Services to' Collier Boulevard Ro~d Projects 10' F'fO.lect No. 65061 Collier 8oulevard, Golden Gale Boulevmd to Immokalee Road;n tne amounl 01 $1,663J92.1I0 (NOrmanF(lder..A:lministratOr,Transp<mlltionscrviClJS) 2!14/Z0069:0D:OOAM M.I1.g/!m~l1tJBudll"tAnaIY5t 0." Approved By U""Tayl"r Tr.."""..rt.."nnSer'fi<;95 Tl"1'I5p"rt"liu"Admini5trallon Hm112oot3:31if>M Ac~""ntinlJ5"!>ervi,">r 0.. ApprovrdBy ShilwnNoown'8n lrflu"port"t;{)"s~rv'C<lS Tra""I'''rtat,onS..N;<;.."Admin 11i2!2CC5U:56PM Prh'~ipal Project M~n~gflt Oatfl Appro\ledBy LynnR.Thllfl'",P.E. l'..n~p"rla\'nn S"'lIke~ 1"ranr.!>ortatio" En!lirHl~fl"~ and C<",~tfuc\ion l1iSr2l1USNISAM Dinoo:tor Ih<, Al'prllved By NajellAhmad T...n$pnrtat;onSerllk.e.. Tran5portatinnEnginnerin\l& C"n"trl.lcti<mMfl"fl!l"mll"t 1I31120n68:5l.lAM NonnE.Fli>dli>r,AICP T....n~portali"n Oi"i~io" Admll1istf~tor ""', ApllfO\led By Trlln$porta.tionS..Nic<15 T...n..port..tioll5"r\ljc,,~Admi". 1!31IZO(l1l11:11AM App"lIved By Rhond..I\.....,b..rt AdministnltiveServicM Cont,actS"..<,ali"t Date Pl.lrcha~i"g 1/31120C61:21PNl ApprondBy P",chasin1/IGeneral s,,"~ DiroctOf riat.. SlflveCameU I\drnlll;stmtiveS~'v""'$ Purclu',~;<l9 1i11r200fl.1,t6PM txocutiv<ls..c,etary "'. Approved By Pal Lehnhllrd Transpor1al;OII S~rv'c,,~ T"'''Sl'>>rt'ltionServic,""Admin 1I31i'1I0G2:C2PM Adm,"istmti","A~s;s!'mt O"t~ Approved By Of.'.BCo",rdm;rtu, CountyM~nzg..,'sONiC-l! Offie" ,,'Ma"f~"'n.nt&Budqct t!31t200fl.2:1/iPM Su"~,, Usher So:ni",Man"\l"",,,ofiBlldgetA,,..lyst "'" Approved By County M"nauo:r'~ OffiCI Offic..oIM.."...."",,,ntll.eu"g..r 2f2i200&12:12 PM ApP"lIved By Jam..~V,M",M 8tlaruoICr.,,"ty Cmnmiuion"rs C"untyM..nzgtlr D.. C"untyM8Iug<lr'$Otli&€ 2t2f2l!061l:4'1 PM Personnel Assignment Collier Blvd lrom Golden Gate to Immokalee Road Classification Sr. Project Manager Project Administrator Senior. Inspector Roadway Inspector III Utility Inspector IV* Utility Inspector 11* Project Secretary Name Mark K. Beaverson Roy Godshall Augie Calelle Frank Vargas Jeff Bailey TBD as needed Adrian Lozano Commitment % 18.7 100 100 100 100 80 50 * Inspectors can be used on Roadway as well as Utilities it Needed Agenda Item No.1 OF February 14, 2006 Page 3 ot7 Project % 5.9 25.4 18.2 15.0 18.3 11.3 6.0 100% JOHNSON ENGINEERING, INC. CEIM4""hourProposal SyM.rlrK.a...."''''' Agenda Item No. 10F FebrJary 14, 2006 MAN-HOUR AND COST ESTIMATE BREAKDOWN Page 4 of 7 December 23, 2006 REVISED M" '" " " " " " '" " '" '" ~ " ~ ~ ~ ~ '" ~ " " ~ '" ~ " " co " " " " " ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. '. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. " '" " '" '" '" '" '" '" '" '" " '" " '" " '" '" '" ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. " '" '" '" '" " '" '" " '" '" " '" " '" '" " '" '" ,. '. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. '" '" '" '" '" '" " '" " '" '" " '" '" '" '" '" '" '" ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. '. '. ,. ,. ,. ,. '" '" " " " " " " '" " " " " " '" " "' "' "' "' "' "' "' "' "' "' "' '" '" "' '" "' "' "' '" Collier Boulevard (lmmokale., Road to Golden Gale Boulevard) eOl/NTV"""-'5C~"',''''' COLu.~eoo.o<TV,>LDI'!ICToIl UI>orE. 1month 165I\<urx PnImlumRllt.c.t"u."ton'liou~'" 0 CEIS<>tup.noC.,...out '5". u,""n. Roul.. ~ ~,. OViIr1ImeCO$I OViIr1JmeCoot ,". IllIleAd.~ion R.'iI ~. 24.00 12.00 1,4' 1:3,,", no" .. 1B,OO 9,00 1.0B 10.0B .00 70.0. 20,0<) 10,00 1.20 11.20 80,00 71.20 22.00 11.00 1,~2 t2,:32 66.00 80.11 CO.IS"....... L.bor,w'o,on,mo S"",o, lOborx'" 10.Lin A.lmbUfxobl... oI.tOtlI.I"",,.. 1.55.02,00 30,000.00 25,000.00 5'40.00 163.0 PooRlon Sr,l", "'''' 'nOl>O<torll(AoadW.&LlUI,tln.pootor ,.... otor '" (Roadw. & l)~'1 Ln c'or In....OLo'IVrU'ilit In.-ton 'Sol",>,Bufdo",mGl_SST",~odBoflflli"onO""rl;_Co"only Agenda Item No.1 OF February 14, 2006 Page 5 of 7 Collier Boulevard (Immokalee Road to Golden Gate Boulevard) COUNTY PROJECT NO. 65061 COl.L1ER COUNTY, FLORIDA JOHNSON ENGINEERING, INC. REIMBURSIBLES COST ESTIMATE New Solutions Ltd Sprint Accent Business Mach. Plus Web site Operation Office Rent and Electric 2 Lines, FAX and Dala Copier 24 24 24 24 Monthly Cost Cost $ 1,600.00 $ 38,400.00 Lease $ 160.00 $ 3,840.00 $ 250.00 $ 6,000.00 Rental LS $ 3,500.00 Total: $ 51,740.00 $ 2,155.83 per month VENDOR ITEM Months Billing to be by Vender invoice each month This reflects 1/2 Split between project 60018 and 65061 Agenda Item No. 10F February 14, 2006 Page 6 of 7 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Schedule of fees for Basic Services Task 1. Management Engineering Services $488,056.00 Construction coordination Complete record keeping of all activities and events Document all significant changes to the project Contract, plan, and specification interpretation Dispute resolution solutions (contractor and the public) Maintain required level of surveillance of contractors activities Prepare and document monthly pay requests Web site management and public relations Constructability Reviews Task 2. Inspector Services $1,068,996.80 Maintenance of Traffic Erosion, sedimentation and pollution control Embankment, base, and pavement structure Signing and marking plan conformance Utility inspection personnel provided Task 3. Testing Services $25,000.00 . Field Sampling and material testing Task 4. Survey Services $30,000.00 . Horizontal and vertical control verifications pre-construction and post-construction. Task 5. Reimbursable Expenses Split % with Immokalee Road Project #60018 $51,740.00 Rent Phone/Fax/DSL Line Electric Cleaning Service Copier (Rental & Main!.) Web site operation Total for Tasks 1 through 5 $1,663,792.80 I . Due to the nature of a large construction project, while the total dollar amount might remain the same, there may be some fluctuation in the task categories calculations. SCHEDULE C PROJECT SCHEDULE Time commences from the date of the Notice to Proceed issued by the Project Manager Task 1. Management Engineering Services Construction coordination Complete record keeping of all activities and events Document all significant changes to the project Contract, plan, and specification interpretation Dispute resolution solutions (contractor and the public) Maintain required level of surveillance of contractors activities Prepare and document monthly pay requests Web site management and public relations Task 2. Inspector Services Maintenance of Traffic Erosion, sedimentation and pollution control Embankment, base, and pavement structure Signing and marking plan conformance Utility inspection personnel provided Task 3. Testing Services . Field sampling and material testing Task 4. Survey Services Horizontal and vertical control verifications pre-construction and post-construction. Based on 24 month CEI contract @30.42 days . (average)/month Agenda Item No. 10F February 14, 2006 Page 7 of 7 730 Days' 730 Days' As Needed As Needed Agenda Item No. 10G February 14, 2006 Page 1 of 2 EXECUTIVE SUMMARY Presentation of options regarding user fees for the Vanderbilt Beach Parking Garage Obiective: To appropriately offset expenses associated with providing beach access to the public. Considerations: The Vanderbilt Beach Parking Garage is being built to accommodate more residents and visitors wishing to use Vanderbilt Beach. The garage will increase available parking spaces at that location from 125 to 340. Cost of the project is approximately $8 million, funded exclusively with tourist tax dollars. During the FY 06 budget hearings the Board of County Commissioners asked staff to propose a $5 per vehicle parking fee for the Vanderbilt Beach Parking Garage. The fee was included in an update to the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy approved by the Board at its December 13, 2005 meeting (Item #1604). On January 24, 2006 Ms. Jean Benefico of Naples brought forth a public petition to the Board of County Commissioners asking them to revisit the approved $5 per vehicle fee. The Board directed staff to bring the item back to the February 14,2006 BCC meeting with additional information in regards to optional fees. Fiscal Impact: The fiscal impact of this action is contingent on Board direction and will be provided during the staff presentation. Growth Manaaement Impact: The Vanderbilt Beach Parking Garage will be inventoried in the Growth Management Plan and furthers the directive of Policy 1.3.2: Collier County shall continue to ensure that access to beaches, shores and waterways remains available to the public. Recommendation: The Parks and Recreation Advisory Board will review a suite of options at a public meeting Wednesday, February 8, 2006, and staff will present its recommendations during the BCC meeting. Prepared bv: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department - Agend~j Item No, WG F6brumy14,2C06 Page 2. of2 COLLIER COUNTY BOAR.D OF COUNTY COMMISSIONER.S ltemNLlmber: "G ItemSLlmmary: This jiemto be heard at 4:0C p_m Pre,~entation of ()ptiO!'lS reyaruing user fees lor the Vanderbltl BellcM Parkirlg Gar~lle_ {Marla R~m$ey, Administrator, Public, Services) Meeting Dale: 2/14!2QOS9'OO'QOAM Approved By KathyCarpontftr E~..<::uti". S"cmt~ry "".. PublitSmviC<!$ f.'llbbt S~rvi,:e$A"mjn. Z121200li 2:13 l"M Approved By M$rl$R.msey P"bli<:: S"rv;<::<l$ Adm;ll),'ttll.lcr Date r"bij"Serui"u P"(lli~S~rvice,,Admjn. 2!2i2lW63:41PM Approved By OM6C""rdin3tor Adm;nl..tra1:ivIlAssistant ,.. C"unty M./lnaller's Off,c& otf;~" Qt Mana!lem"I1I& 8uligel 21JI20t16~;ZIlAM A]'provtd By GMyA.Vinoml M./lneilom~"t & Bud{!<lt Analysl 0,. COllmy Manllll"r's Olfi<::e Otfi"""IMana9..."..~"t&Budg<lt Z/:lllOO6!UffiAM Approved By James II_Mudd C<lul1tyManager "".. 80.,dofCounly Cnmmi.."jn""ts. C"urrty Mana!l""s Offite VJi2tlOS 11;32 AM EXECUTIVE SUMMARY Agenda Item No. 10H February 14, 2006 Page 1 of 8 Recommendation that the Board of County Commissioners adopt a Resolntion calling for a Refereudum Election on November 7, 2006 to determine whether the voters approve continning the levy of an ad valorem tax not exceeding .25 mil through the year 2013 to continue to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands even after the $75 million dollar bond issue previously authorized by referendum on November 5, 2002 for such acquisition and management has been spent. OBJECTIVE: For the Board of County Commissioners to adopt a resolution calling for a referendum election on November 7, 2006 to determine whether the voters approve continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013 to continue to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands even after the $75 million dollar bond issue previously authorized by referendum on November 5, 2002 for such acquisition and management has been spent. .-- CONSIDERA nONS: On November 5, 2002, the voters of Collier County authorized the County to levy an additional ad valorem tax not exceeding .25 mil for up to ten (lO) years and to issue up to $75 million dollars worth of limited tax general obligation bonds to finance acquisition and management of environmentally sensitive lands for the protection of water resources, wildlife habitat, and public open space in perpetuity for purposes of the Conservation Collier Program. On December 3, 2002, the County adopted Ordinance. No. 2002-63, sometimes known as the Conservation Collier Implementation Ordinance, for purposes of further establishing the Conservation Collier Program. After the Conservation Collier Program was established and acquisition of environmentally sensitive lands for the Program commenced, questions arose as to whether the voters intended that the Conservation Collier Program be limited to the expenditure of the $75 million dollar bond issue for the acquisition of environmentally sensitive lands. At a public workshop on December 6, 2004, the Board generally detennined that it would be in the best interest of the Conservation Collier Program and the public to let the electorate decide whether they would be subject to a continuing levy of up to .25 mil ad valorem tax to acquire and manage environmentally sensitive lands through the Conservation Collier Program even after the $75 million dollar bond issue had been spent and after certain management costs for the Conservation Collier Program were defrayed, Thus, the County Manager and the Office of the County Attorney were directed to prepare an appropriate ballot question for the 2006 election. Attached to this Executive Summary is a proposed Resolution to place such a ballot question for the voters on November 7, 2006. In considering the adoption of this Resolution, and the ballot question, the Board may wish to keep the following points in mind: 1. A vote of "Yes" by a majority of the voters would mean that a majority of the voters desire to continue to finance the Conservation Collier Program and its acquisition and management of environmentally sensitive lands through the levy of up to a.25 mil ad valorem tax through the year 2013. - Agenda Item No.1 OH February 14, 2006 Page 2 of 8 2. This ballot is in the nature of a '"straw ballot" to understand the desires of the voters. Thus, the Board would remain free to set its millage in accordance with the annual budgeting process irrespective of the final outcome of the ballot question. (In this regard, Section 200.181, Fla. Stat., allows the County to levy voted millage at the maximum millage rate approved by referendum for bonds even if the levy would raise revenue in excess of that necessary for debt service on the bonds. The County may use this surplus for any lawful purpose solely related to the capital project for which the votcd millage was approved, including operations and maintenance, but this millage must be treated as general millage and included within millage levied by the County under its 10-mil limitation.) 3. This ballot question does not, as it is currently worded, authorize the County to issue additional bonds for the purposes of financing the Conservation Collier Program's acquisition and management of environmentally sensitive lands. 4. Through the end of January 2006, approximately $63.3 million dollars has been spent or committed for the acquisition and management of environmentally sensitive lands through the Conservation Collier Program. 5. The Conservation Collier Land Acquisition Advisory Committee has approved the proposed ballot language after discussion with staff of the fact that the ballot would not authorize additional bonding. FISCAL IMPACT: The fiscal impact to the County will be minimal and limited to the cost of advertising and translation of the ballot language at $.25 per word. GROWTH MANAGEMENT IMPACT: There is no grow1h management impact associated with this Executive Summary. RECOMMENDA nON: That the Board approve the attached resolution for a referendum election to be held on November 7, 2006 to determine whether the voters wish to continue to be subject to the levy of an ad valorem tax not exceeding .25 mil through the year 2013 for the purposes of continuing to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney public/bee agenda items/02 I 406/excc sum.cons collier referendum reso 2 Item Number: Item Summary: Meeting Date: Item No, 1fJH 14,2006 30tS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H Re~Qmmenda\j()n that the Board of Cmlnty COmmiS~IOnerS lldopt a Resolution CIIII,ng for a Referendum Election on Novempor 7. :1000 ILl oetermlnewheIlH!'[ voters approve continuln\! the levy of an lid valoremlaxnolexo(l(ldin9_25 mil lhrougll Ihe ye>ar 2 013tocan!inuetofund lMe Conservation Collier Progffim'~ !loqui~llion ano manllgement 01 environmenlclfy senl!ltive i,mos evefl aflerthe $75 million dollar pond issue pre~,ousty mltlmriled by reler8fl<lum on NOVemDl>r 5, 2002 lor 5uch acquisitioll and m!lna~ement hll~ Deel\ spent (Jnseph Schmrtl. Administrator, Community De>mlopment Michael PelM, AsslslIml Co~n\y Atlomey) 2!l4i2000e,oc'ocAM Chi~f A~,.;"t~nt C""nly Atlomuy ". Prepa.-ed By M,chaelPt>ttlt C"umyAllom..y Counl!(Atl"m..yOfti~'9 UlI200li1:18:44 PM Approved Ry St>niorEn"irnnm..nlllISr>'-'cli:thl'1 "",. AI,,~u""ll'llJ.Sul..d'.i Con"",,,,i!JlOovelopm,ml& "'..vironm....",IS..ry;c"" Env;r"nmentaIServices V;U10061::l7f'M Approved By Environm..,rtalS"rvieesDi.....ctor "",. WiHiamD. L",,,nz, Jr.,P.E. Commu"ilyOQv"k'pnl<3nt& EnVir<lnrrHlntaIS"ry;c"" Env;ronm"ntaISArvie"" ~m1n062;Z4PM OavidC.Weigel C,-,unlyAllm"..y o.rte- Approved By CuulltyAttnm"y c""..ty Al1om"y Offiu 2iZ120062;:2PM Al'p"(lved By OMSCooN.ti..",,,, C"",myM"""!I"r'l;Offico Admini"lf..tiveA,,~i~ta..t 0.. OfI.;c.."l MllI'''!l"ment & Sudglrt 2mZOGl> 9;21 AM f1ud9',t A"clY'~t Dat. Approved By Mar\<b,,~k~'ln Cou"tyMa";\Ier'sOff;('f1 Olfk., of MalU<\I",n",nl& Bud9i1t 2!JI2(}O&12:57 PM J'lm""V.MluJd County Manag..r DO. App,'oved By RoardofCoYl\tv Commissioners C"YnlyMallagar'sOf!icll 2!3120(lG1'10PM RESOLUTION NO. 2006- Agenda Item No.1 OH February 14, 2006 Page 4 of 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF THE COUNTY OF COLLIER, FLORIDA APPROVE CONTINUING THE LEVY OF AN AD VALOREM TAX NOT EXCEEDING .25 MIL THROUGH THE YEAR 2013 FOR THE PURPOSE OF CONTINUING TO FUND THE CONSERVATION COLLIER PROGRAM'S ACQUISITION AND MANAGEMENT OF EI'\;VIRONMENTALLY SENSITIVE LANDS FOR THE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT AND PUBLIC OPEN SPACE IN PERPETUITY AFTER THE $75 MILLION DOLLAR BOND ISSUE AUTHORIZED BY REFERENDUM ON NOVEMBER 5, 2002 FOR SUCH ACQUISITION AND MANAGEMENT HAS BEEN SPENT; PROVIDING FOR AN EFFECTIVE DA TE. WHEREAS, Collier County recognizes the need to plan for future grO\vth and has initiated a long-term program. known as the Conservation Collier Program. to acquire and manage environmentally sensitive lands in perpetuity for the protection of \vater resources, v..'jldlife habitat and public open space; and WHEREAS, the electorate of Collier County on November 5, 2002 authorized Collier County to Icvy an additional ad valorem tax not exceeding .25 mil for up to ten (10) years and to issue up to $75 millions dollar \vorth oflimited tax general obligation honds. to be issued in one or more series, payable therefrom, in order to finance acquisition and management of environmentally sensitive lands for the protection of water resources, wildlife habitat and public open space in perpetuit), IClr purposes of the Conservation Collier Program; and WHEREAS, Collier County adopted Ordinance No. 2002-63 on December 3, 2002, sometimes knmvn as the Conservation Collier Implementation Ordinance. for purposes of further establishing the Conservation Collier Program: and WHEREAS. the Board of County Commissioners generally determined at a public workshop on December 6. 2004. that it would be in the best interests of the Conservation Collier Program and the public to determine whether the electorate \vished to continue to be subject to a levy of up to a .25 mil ad valorem tax to acquire and manage additional environmentally sensitive lands through the Conservation Collier Program even aner the $75 million dollar bond issue has been spent and after certain management costs for the Conservation Collier Program have been defrayed; and WHEREAS, it is estimated that through the end of January 2006, Conservation Collier has committed or spent approximately $63.3 million dollars for acquisition and management of environmentally sensitive lands; and Agenda Item No. 10H February 14, 2006 Page 5 of 8 WHEREAS, if the electorate of Collier Count)' wishes the Board of County Commissioners to continue to levy up to a .25 mil ad valorem tax through the year 2013, additional environmentally sensitive lands may be acquired and managed by the County through the Conservation Collier Program for protection of water resources, wildlife habitat, and public open space in perpetuity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, at an open meeting duly assembled in the Board of County Commissioners Chambers at 3301 East Tamiami Trail, Naples, Florida. this 14th day of February, 2006, A.D., as follows: SECTION L FindioQ:s. It is found and declared that: (A) This Resolution is adopted pursuant to applicable provisions aflaw. (B) It is desired to ask the electors of the County if they desire the Board of County Commissioners to authorize the annual levy of an additional ad valorem tax not exceeding.25 mil through the year 2013 for the purpose of continuing to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands for the protection of water resources, wildlife habitat and public open space in perpetuity after the $75 million dollar bond issue authorized hy referendum on November 5, 2002 for such acquisition and management has been spent. (C) The expenditures authorized serve a paramount public purpose and benefit. (D) The recitations oflhe preamble are hereby adopted as findings herein. SECTION II. Referendum Election Ordered. A referendum elel:tion is hereby ordered to be held in Collier County. Florida, on November 7. 2006, to determine whether or not the continuing levy of an ad valorem tax not to exceed .25 mil through the year 2013 for the aforesaid purposes shall be approved by the electors of the County. SECTION III. Votimr. The polls will open at the voting places on the date of such election from 7:00 a.m. to 7;00 p.m. on the same day. All qualified electors residing within the County shall be entitled and permitted to vote at such an election as hereinafter provided. The referendum election shall be held and conducted in the place or places prescribed by law for general elections in the County. 2 The referendum election shall he held and conducted in the manner prescribed by law fix Agenda Item No.1 OH February 14. 2006 Page 6 of 8 holding general elections in the County. and the County Manager and Supervisor ofE]ections are directed to take all necessary measures to conduct the election in all manner required by law. The returns shall be properly canvassed by the County Canvassing Board to be comprised by law and all procedures and requirements of state law and other app]icable Imv shall be complied with for the purpose of conducting the computation of ballots and completion ofe]cction procedures. SECTION IV. Ballots. The ballots to be used in the referendum election shall he on plain white paper, or other\vise permitted electronic format, with a written description ofthe proposed continuing levy of the tax. and which \\'ill provide facilities for qualified electors to vote for or against the continuing levy of the tax as they may choose. Voting equipment shall be used at such referendum election as the Supervisor of Elections deems appropriate and as pennitted by 1m\'. The question appearing on the ballots to be used in the referendum election shall be in substantially the following form: BALLOT CONSERVATION COLLIER: ACQUISITION AND MANAGEMENT or ENVIRONMENTALLY SENSITIVE LANDS, WATER RESOURCES LANDS, PUBLIC OPEN SPACE SHALL COLLIER COUNTY CONTINUE TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS FOR THE PROTECTION or WATER RESOURCES, WILDLIFE HAllITA T. AND PUBLIC OPEN SPACE BY CONTINUING TO LEVY ONE QUARTER OF ONE MIL IN AD VALOREM TAXES THROUGH THE YEAR 2013. AFTER THE $75 MILLION DOLLAR BOND ISSUE AUTHORIZED BY REFERENDUM IN NOVEMBER 2002 FOR SUCH ACQUISITION AND MANAGEMENT lIAS BEEN SPENT? YES NO SECTION V. Absentee Valine:. Adequate provision shall be made for absentee voting. Bal]ots shall be used suitable fi)r absentee voting at the election. The fonn of ballots to be used in the c]ection for absentee voters shall be in substantially the form set out above and in accordance with the F]orida Election Code. 3 SECTION VI. Results of EJection. Agenda Item No. 10H February 14, 2006 Page 7 of 8 Returns of the votes cast at the election sha1l be made to and canvassed by the Canvassing Board and the Canvassing Board shall declare the results and certify the same to the County Manager to be recorded in the minutes of the County. If a majority of the votes cast at such election in respect to the continuing levy of the tax shall be "YES", such tax may continue to be levied by the County pursuant to the terms and provisions of applicable la\'.', ordinances. or resolutions. Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit such results to the Department of State pursuant to Section 100.351, Florida Statutes. SECTION VII. Publication of Resolution and Notice. At least 30 days notice of the election shall be published in the Naples Daily News, or any other newspaper of general circulation \....ithin the County, at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes. The notice of election shall be in substantially the following form: NOTICE OF TAX REFERENDUM COUNTY OF COLLIER, FLORIDA, ON NOVEMBER 7, 2006 NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER, FLORIDA, TAX REFERENDUM will be held on the 7tM day of November. 2006, in the County of Collier, Florida, for the purpose of determining whether an ad valorem tax not exceeding .25 mil shall continue to be levied through the year 2013 for the purpose of continuing to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands for the protection of water resources, wildlife habitat and public open space atter the $75 million dollar bond issue authorized by referendum on November 5, 2002 for such acquisition and management has heen spent. The polls will be open at the voting places on the date of referendum election at 7:00 a.m. to 7:00 p.m. on the same day, all as providcd in Resolution No. 2006-~, adopted by the Board of County Commissioners of Collier County, Florida on February 14, 2006, which is a matter of public record. All qualified electors residing \\'ithin the County of Collier shall be entitled. qualified and permitted to vote at such election. The County ofCol]ier. Florida Frank Halas. Chairman Board of County Commissioners SECTION VIII. Effective Date. This Resolution shall go into efIect immediately upon its passage and adoption. 4 this 14th day of February, 2006. THIS RESOLUTION ADOPTED aher motion, second, and majority vote favoring same, Agenda Item No. 10H February 14,2006 Page 8 of 8 ATTEST: Dwight E. Brock. CLERK BY: DEPUTY CLERK Approved as to form and legal sufficiency Michael W. Pettit Chief Assistant County Attorney public/bee agendasJ021406/reso referendum bond conscrvation co lIier BOARD OF COUNTY COMMISSIONERS COUNTY OF COLLIER. FLORIDA BY: Frank Halas. CHAIRMAN 5 Agenda Item No. 101 February 14, 2006 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve Collier County's Fiscal Year 2007 Federal Legislative Agenda. OBJECTIVE: To approve Collier County's Fiscal Year 2007 Federal Legislative Agenda as developed and recommended by the county's federal lobbyist, The Ferguson Group. Board of County Commissioners Chairman Frank Ha]as, County Manager Jim Mudd and Assistant to the County Manager Debbic Wight will then present the county's Federal Legis]ative Agenda, which includes eight projects for Fiscal Year 2007, to our elected officials in one-on-one meetings in Washington, D.C., including Sen. Mel Martinez, Sen. Bill Ne]son, Rep. Connie Mack and Rep. Mario Diaz-Balart, on March 2, 2006. Once approved, the Legislative Agenda will be pursued diligently and monitored throughout the federal legislative process by The Ferguson Group representatives, which have also had preliminary meetings already with key legislative staff of federal elected officials when determining which of Collier's projects were viable candidates for inclusion on the Legislative Agenda. ~- CONSIDERATION: To develop Collier County government's federal legislative platform, the County Manager's Office requested input from the Board of County Commissioners as well as Division Administrators, Dcpartment Directors and senior staff. Representatives of The Ferguson Group also met directly with staff at the Collier County Government Center on November 2], 2005 to explain federal funding opportunities and detail the application process and appropriations cycle at the federal level of government. The Ferguson Group representatives assisted staff from all five of the county's divisions and the executive office departments in filling out project questionnaires for a myriad of projects. A total of 24 projects were submitted for consideration to The Ferguson Group. (See attachment.) The following eight (8) projects in prioritized order comprise The Ferguson Group's recommendation for Collier County's Fiscal Year 2007 Fcderal Legislative Agenda: Collier Countv's Fiscal Year 2007 Federal Lef!islative Af!enda: .-- 1) Interstate 75/Everglades Project Development and Environment Study 2) Lely Area Storm water Improvement Project 3) Interstate 75/Collier Boulevard SR 84 Interchange 4) Health Care Access for the Uninsured Agenda Item No. 101 February 14, 2006 Page 2 of 17 5) Naples Zoo Park Development 6) South Immokalee Park Community Center 7) TransitlParatransit Operations Facility 8) Stormwater Drainage Basin III Water Quality and Flood Mitigation (See attachment for more detail.) FISCAL IMP ACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves Collier County's Fiscal Year 2007 Federal Legislative Agenda. Prepared by Debbie Wight, Assistant to the County Manager -,. Agendaltem NO. 101 February 14.2006 Page 3of17 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS Item Number: '" Re<:ommendalj()11 to approve Collier County'$ Fi$cal Yea,- 2007 Federal LegislllUve Agenda. (Debbie Wight, Assislllnt to the County Manll(l$r) lIemSummary: Meeting Dale: 2114.'20069',QO:OOAM Al'l'rovedBy J"mflGV.Mudd a"ud<JfCmmty c<>mmio;siofl(!l'$ C"...rrtyM1IMgM "" co"ntyM"n"tl\lrsOW~e 2i!il2llQIl1:2QPM Agenda Item No. 101 February 14, 2006 Page 4 of 17 Co~r County """,<n8i1Li;;<< ",,:;;p>cp>>>" " Federal Proiects List (not recommended at this time) · Collier County Museum: Collection Preservation · Margood Resort · Conservation Collier · Runway 9-27 Rehabilitation (Immokalee Airport) · Chokoloskee Bridge Replacement . Job Access . Reverse Commute · Gateway Triangle Storm water Improvement Project · Gordon River Water Quality Park · Prefabricated Bridge Superstructure Pilot Project · Collier County Total Maximum Daily Load (TMDL) Implementation Program · Public safety radio system coverage enhancements in public school facilities · Construction of new health department in Collier County · Dynamic Message Boards for Intelligent Transportation System · Marco Island Historical Museum · City of Naples Storm water Drainage Basin V -~-,-_..~----'~- Agenda Item No. 101 February 14, 2006 Page 5 of 17 ~~ t~ Collier County, Florida Fiscal Year 2007 Draft Federal Agenda PROJECT DESCRIPTION OF PROJECT REQUEST 1-75/ Everglades $2,000,000 1 Project Development The only east-west routes between the eastern Transportation and Treasury Appropriations and Environment Estates and Naples area activity / employment Interstate Maintenance, Surface centers are Golden Gate Boulevard and Study Immokalee Road. While the western portion of Transportation Program, or TCSP The Estates and Golden Gate City have access to interchanges at Immokalee Road, Pine Ridge Road, State Road 95 t and the new interchange being constructed at Golden Gate Parkway. residents of the eastern portion of The Estates have no access to Interstate 75. The lack oran interchange at Everglades Boulevard forces additional traffic onto already congested portions of lnterstate 75, affecting not only local but regional traffic on the Interstate. Lely Area Stormwater $2,400,000 2 Improvement Project The Lely Area Storm water Improvement Project Interior and Environment Appropriations is the proposed construction of a master-planned State and Tribal Assistance Grant - surface water management system which will provide a comprehensive storm water outfaH system for an 11,135 acre area of East Naples. This area has for years experienced an increasing level of drainage related problems as growth has continued in the area. Available data indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area is constructed. Project elements include construction of and / or rehabilitation of existing ditches, canals, lakes, pipes and water control structures. 1-75 Collier Boulevard $5,000,000 3 SR 84 Interchange The interchange at Collier Boulevard/SR 84 and Transportation and Treasury Appropriations 1-75 is currently experiencing a high level of interstate Maintenance or Surface congestion due to the convergence of Davis Transportation Program Boulevard and Collier Boulevard at 1-75 and the large growth experienced in the southern portion of the County. This current Interchange serves the east Naples area, Golden Gate City and Marco Island as well as the dosest intt:rchange from the east to the City of Naples. The ultimate interchange improvements are programmed for design by FDOT in 2007/2008 and the County is seeking right-of-way for the improvements. I 4 Health Care Access for the Uninsured 5 Naples Zoo Park Development 6 South Immokalee Park Community Cen ter 7 Transit/ Paratransit Operations Facility 8. Stormwater Drainage Basin III Water Quality and Flood Mitigation The project seeks to develop a health care access program for individuals under/uninsured in Collier County. Using volunteer physicians, the project connects individuals who require health care to free services donated by local health care providers. The project seeks to expand, organize, and develop a full access program with a full continuum of services for a population of approximately 35,000 identified as needing health care The Naples Zoo sits on 43.5 acres. Much of the surrounding land is environmentally sensitive and contains the headwaters of the Gordon River. The project will develop the lands surrounding the zoo for passive recreation. Collier County voters approved a referendum for $40 million to purchase the property in 2004. The Trust for Public Land purchased the land for $67.5 million and is selling 129 acres to the county for $42 million. The site is approximately 5 acres, is used as a neighborhood park, and is located in South Immokalee, an underprivileged area of the unincorporated agricultural town of Immokalee in northeastern Collier County. The project will design, permit and construct a 3000 square foot community center building in the open play area of the park. Funds will support the construction of a transit/paratransit operations facility for Collier Area T Tansit. Collier Area Transit (CAT) transported 324,037 passengers in Fiscal Year 2002 and transported 627,823 passengers during fiscal year 2004. In Fiscal Year 2005 CAT transported over 950,000 passengers. The paratransit operation transports an average of 500 passengers daily. Collier Area Transit is currently utilizing borrowed space at a County maintenance facility for operations of the transit and paratransit system. Basin III serves a drainage area of 503 acres that is bounded by the Gulf of Mexico, Naples Bay, on the south by 14th Avenue South, and north by 2nd Avenue South. The storm water infrastructure improvements include additional storm sewers to increase now and reduce street nooding and operational and capacity upgrades to the existing Cove Pump Station. Agenda Item No. 101 February 14, 2006 D. ,~ ~ $1,000,000 Labor, HSS and Education Appropriations HRSA $1,000,000 Transportation and Treasury Appropriations Economic Development Initiative $950,000 Transportation and Treasury Appropriations Economic Development Initiative $2,000,000 Transportation and Treasury Appropriations Bus and Bus Facilities $1,500,000 Interior and Environment Appropriations State and Tribal Assistance Grant Agenda Item No. 101 February 14, 2006 Page 7 of 17 .Cmmty Interstate 75/Everglades Boulevard Interchange Study Department of Transportation Appropriations Surface Transportation Program or Interstate Maintenance or Transportation and Community Systems Preservation Congressional District: Representative Mario Diaz-Balart Request: Collier County requests $2 million in fiscal year 2007 Transportation Appropriations, Surface Transportation Programs or Interstate Maintenance or TCSP funds for a Project Development and Environment Study for a proposed Interstate 75/Everglades Boulevard Interchange. Problem: Much of Collier County' 5 current growth is occurring in an area known as Golden Gate Estates, one of the largest platted subdivisions of its kind in the world, where 1,000 new homes are being built annually. The only east-west routes between the eastern Estates and Naples area activity/employment centers are Golden Gate Boulevard and Immokalee Road, while the western portion of The Estates and Golden Gate City have access to interchanges at Immokalee Road, Pine Ridge Road, State Road 951 and the new interchange being constructed at Golden Gate Parkway, residents of the eastern portion of The Estates have no access to Interstate 75. Also, the lack of an interchange at Everglades Boulevard forces additional traffic onto already congested portions of Interstate 75, affecting not only local but inter-regional traffic on the Interstate. The lack of access to The Estates also creates safety problems, particularly in the event that its residents must be evacuated during hurricane or wildfire season. As Collier County's population expands from the nearly 300,000 residents today to a projected 597,000 by 2030, this situation will worsen. Project Description: The requested PD&E Study will evaluate the amount of traffic that would use a new interchange at Everglades Boulevard and the impacts that it will have on adjacent interchanges and the Interstate's mainline operations. In order to ensure that there will be minimal to no environmental impacts associated with this project, particular attention will be paid to the need for wildlife crossings or other such mitigation measures. An interchange at Everglades Boulevard and 1-75 is an identified need in the MPO's Cost Feasible and Needs plan and is a high priority with the residents of Golden Gate Estates. The project will provide better access for an area that covers over 100 square miles while improving interchange operations at three existing overburdened interchanges. The Interchange is located in a tolled section of Alligator Alley, so there are options of toll funding to help pay for right.of.way and construction if approvals are achieved for the IJR and PD&E study. Total Project Cost and Matching Funds: The total cost of the study is $ 2 million. The Collier County Board recendy funded a portion of the first step in developing an Interchange at this location with the programming of $750,000 for an Interchange Justification Report. The total cost of PD&E, Design, Right-of.Way and Construction Agenda Item No. 101 February 14, 2006 Page 8 of 17 is estimated at $75,000,000. The Interchange is located In a tolled section of Alligator Alley, so toll funding may be available to help pay for right.of.way and construction if approvals are achieved for the IJR and PD&E study. For More Information: Amanda Wood, The Ferguson Group, (202) 261.3684, awood@tfgnet.com or Val Gelnovatch, The Ferguson Group, 305-442-0501, vgelnovatch@tfgnet.com Agenda Item No. 101 February 14, 2006 Page 9 of 17 ~ty Lely Area Stormwater Improvement Project Department of Interior, Environment, and Related Agencies Appropriations State and Tribal Assistance Grants Congressional District: Representative Mario Diaz.Balart and Representative Connie Mack Request: Collier County requests $2,000,000 million in fiscal year 2007 Interior, Environment, and Related Agencies; EPA State and Tribal Assistance Grants funds for the Lely Area Stonnwater Improvement Project (LAS!P). Problem: The 11,135 acre area of East Naples has for years experienced an increasing level of drainage related problems due to development in the area. Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. At the present time, the quality of the water is good but will likely deteriorate unless an improved water management outfall system for the area is constructed. Additionally, during above average summers, stormwater runoff has flooded homes and business in several areas. Project Description: The LASIP project will provide a coordinated and maintained public stormwater system to serve approximately 11,135 acre of the East Naples area. This area has been undergoing development activity for many years without a coordinated storrowater management system in place. The LASlP is designed to provide increased flooding protection while improving many of the older ditches and drain channel problem areas and improving discharge water quality. Most of the work involves the deepening and widening of these older ditches and canals, plus adding sixteen weirs to hold water levels higher, three spreader lakes to provide improved water quality and discharge characteristics, and one stormwater pwnp station to rehydrate a wetland slough. To provide increased flooding protection to some existing residential areas, some new canal extensions are also proposed. The LAS!P also addresses the problem of water quality. Placement of the spreader lakes with raised discharge control elevations will reduce the current condition of saltwater intrusion backflow during periods of normal high tides. Total Project Cost and Matching Funds: The total cost is $41.2 million, with approximately $1.8 million in matching funds at this time. The County intends to budget for the full non.federal match. Construction of the project is scheduled to begin in 2006, with a target date of completion in 2010. For More Information: Agenda Item No. 101 February 14, 2006 Page 10 of 17 Amanda Wood, The Ferguson Group, (202) 261.3684, awood@tfgnet.com or Val Gelnovatch, The Ferguson Group, 305.442-0501, vgelnovatch@tfgnet.com Agenda Item No. 101 February 14, 2006 Page 11 of 17 ~ty Interstate 75/Collier Boulevard/ SR 84 Interchange Project Department of Transportation Appropriations Surface Transportation Program or Interstate Maintenance or Transportation and Community Systems Preservation Congressional District: Representative Connie Mack Request: Collier County requests $5,000,000 in fiscal year 2007 Transportation Appropriations, Surface Transportation Programs or Interstate Maintenance or TCSP funds for right.of.way and construction funds for improvements at the Interstate 75 I Collier Boulevard/SR 84 Interchange. Problem: The interchange at Collier Boulevard/SR 84 and 1-75 is currently experiencing a high level of congestion due to the convergence of Davis Boulevard and Collier Boulevard at 1-75 and the large growth experienced in the southern portion of the COWlty. This current Interchange serves the east Naples area, Golden Gate City and Marco Island and is the closest interchange from the east to the City of Naples. The ultimate interchange improvements are programmed for design by FDOT in 200712008 and the County is seeking Right-of. Way for the ultimate improvements. Project Description: The project includes separating the Colller Boulevard traffic movements and the Davis Boulevard traffic movements entering and exiting 1-75. More specifically, drivers who desire to go from 1.75 to CR 951 (or conversely going from CR 951 onto 1-75) will use improved ramps at the existing CR 9S 1 interchange and drivers who desire to go from 1.7S to Davis Boulevard will use new ramps on and off the Interstate at the end of Beck Boulevard, just south of the existing CR 951 on and off ramps. These improvements will resolve an ongoing congestion problem in this area and will benefit Marco Island, south and east Naples and Golden City and Estates residents. The improvements will also resolve a long term congestion problem on Davis Boulevard and CR 951. Though the ultimate design is not yet complete, the conceptual designs for this project have defmed solutions for the congestion in this interchange that will meet the existing and future needs at this interchange and in these corridors. The design for this project is programmed in 200712008. Funding made available will be used for buying right. of. way from willing sellers based on the PD&E study. The construction phase will begin in 2012. Total Project Cost and Matching Funds: The total cost of this project is estimated at $130 million. A Project Development and Environment (PD&E) study was done as part of the Davis Boulevard Study (Davis is programmed - - ----.~- --------- Agenda Item No. 101 February 14, 2006 Page 12 of 17 to be widened in 2009/2010) and FOOT has already committed $10,000,000 for the interchange design. For More Information: Amanda Wood, The Ferguson Group, (202) 261.3684, awood@tfgnet.com or Val Gelnovatch, The Ferguson Group, 305-442.0501, vgelnovatch@tfgnet.com ,. , Agenda Item No. 101 February 14, 2006 Page 13 of 17 ~~y Collier County Health Care Access Network Department of Labor, Health and Human Services, and Education Appropriations Health Resources and Services Administration Congressional District: Representative Mario Diaz-Balart and Representative Connie Mack Request: Collier County requests $1,000,000 in fiscal year 2007 Health and Hwnan Services Appropriations, Health Resources and Services Administration funds to develop a health care access network for the under / uninsured in Collier County. Problem: Collier County has identified over 35,000 residents who lack quality health care. Currently, the County is experiencing overuse of its emergency health facilities. The nwnbers of uninsured/ underinsured will continue to grow as job growth in the area has been strongest among low paying jobs, which typically do not offer health insurance. Project Description: This project seeks to expand, organize, and develop a full access program with a full continuum of services for approximately 35,000 residents needing health care. The initial phase of this project would be adopting a shared information database between the portals of entry for the poor into the system. This shared database would be created and established throughout multiple locations in Collier County. Future phases of the project include marketing and full penetration of the population of uninsured/underinsured individuals. This project will have a significant economic impact, as access to health care leads to diminished physical and economic distress on individuals and communities. Total Project Cost and Matching Funds: The total cost of this project is $5 million, The County requests $1 million in fiscal year 2007 funds. The Florida Department of Health, as well as other physicians, has contributed approximately $1 million. Additionally, the County has the support of ten local organizations for this project. For More Information: Amanda Wood, The Ferguson Group, (202) 261-3684, awood@tfgnet.com or val Gelnovatch, The Ferguson Group, 305-442-0501, vgelnovatch@tfgnet.com Agenda Item No.1 01 February 14, 2006 Page 14 of 17 .sJfI.r, Calmty - Naples Zoo Park Development Department of Housing and Urban Development Appropriations Economic Development Initiative Congressional District: Representative Connie Mack Request: Collier County requests $1 million in fiscal year 2007 Department of Housing and Urban Development, Economic Development Initiative funds to develop the lands surrounding the Naples Zoo property for passive public recreation. Problem: The Naples Zoo sits on 43.5 acres and much of the surrounding land is environmentally sensitive, and contains the headwaters of the Gordon River. The property is a vcry large tract of undeveloped land within an urban area. Potential for use as a "central park" is a rare opportunity. Project Description: The project will develop the lands surronnding the zoo for passive recreation. Collier County voters approved a referendum for $40 million to purchase the property in 2004. The Trust for Public Land purchased the property for $67.5 million and is selling 129 acres to the county for $42 million. This project has tremendous public support, as is evidenced by 75% approval of the referendum, and will preserve a locally important historic site (the Nehrling gardens) and current important attraction and economic contributor (The Naples Zoo). Careful development of the surrounding lands will improve water quality in the Gordon River and Naples Bay, provide non. vehicular transportation connections, preserve important habitat, and provide public access to waterways and passive recreation. The Conservancy of Southwest Florida, The Naples Zoo, Greater Naples Chamber of Commerce, East Naples Civic Association, Collier County Chaptcr of the Audubon Society, National Wildlife Federation, City of Naples, Big Cypress Basin, South Florida Water Management District, Marine Industries Association of Collier County, Conservation Collier, and The Trust for Public Land support these efforts. Total Project Cost and Matching Funds: The total cost of this project is $67 million, $42 million of which the County will expend on land acquisition. Budget estimates for property development are $25 milion. For More Information: Amanda Wood, The Ferguson Group, (202) 261-3684, awood@tfgnet.com or Val Gelnovatch, The Ferguson Group, 305-442-0501, vgelnovatch@tfgnet.com Agenda Item No. 101 February 14, 2006 Page 15 of 17 .9ounty South Immokalee Park Community Center Department of Housing and Urban Development Appropriations Economic Development Initiative Congressional District: Representative Mario Diaz-Balart Request: Collier County requests $950,000 million in fiscal year 2007 Department of Housing and Urban Development, Economic Development Initiative funds for the construction of a community center in South Immokalee Park. Problem: South lmmokalee Park is located in South lmmokalee, an underprivileged area of the unincorporated agricultural town of Immokalee in northeastern Collier County. Immokalee is designated as a Front Porch Community and a Weed and Seed area. The two structures currently used for community meetings and drop-in programs are in very poor condition. Estimates to bring one of them up to current code far exceeded the value of the structure. Project Description: Federal funds will support the effort to design, permit and construct a 3000 square foot community center building in the open play area of the park. The site is approximately 5 acres and is used as a neighborhood park. The park contains basketball courts, a playground, open play field, and two structures used for community meetings and drop-in programs. These efforts are supported by the Immokalee Civic Association, Victory in Jesus Church and the Immokalee Master Plan Committee Total Project Cost and Matching Funds: The total cost of design and construction is $950,000. The County is providing the land on which the community center will be built. For More Information: Amanda Wood, The Ferguson Group, (202) 261-3684, awood@tfgnet.com or Val Gelnovatch, The Ferguson Group, 305-442-0501, vgelnovatch@tfgnet.com Agenda Item No. 101 February 14, 2006 Page 16 of 17 ~c;:mmty Transit! Paratransit Operations Facility Department of Transportation Appropriations Bus and Bus Facilities Congressional District: Located in Representative Connie Mack's District and also serves constituents in Representative Mario Diaz.Balart's District Request: Collier County requests $2 million in fiscal year 2007 Transportation Appropriations, Bus and Bus Facility funds for construction of a transit/ paratransit operations facility. Problem: Collier Area Transit's ridership has tripled in the past three years from 324,037 passengers in fiscal year 2002 to over 950,000 passengers in fiscal year 2005. The paratransit operation transports an average of 500 passengers daily. Collier Area Transit is utilizing borrowed space at a County maintenance facility for operations of the transit and paratransit system. As Collier County's population expands from the nearly 300,000 residents today to a projected 597,000 by 2030, the need for reliable public transportation will continue to increase. Project Description: Funds will support the construction of a transit/paratransit operations facility for Collier Area Transit on County Barn Road. Collier Area Transit is the only transit system serving Collier County and the three municipalities within Collier County. Due to the overwhelming success of this young transit system, the need for a permanent facility has been established and demonstrates that Federal funding of a facility would be funding well spent. Additionally, the CAT paratransit system is the only system serving Collier County and the three municipalities. Total Project Cost and Matching Funds: The total cost of the study is 18.5 million, $1.25 million in value of which the County has already provided in valuable staff hours and land. For More Information: Amanda Wood, The Ferguson Group, (202) 261-3684, awood@tfgnet.com or Val Gelnovatch, The Ferguson Group, 305-442-0501, vgelnovatch@tfgnet.com Agenda Item No. 101 February 14, 2006 Page 17 of 17 ~y Stormwater Drainage Basin III Water Quality & Flood Mitigation Improvements- Cove Pump Station Upgrade Project Department of Interior, Environment, and Related Agencies Appropriations State and Tribal Assistance Grants Congressional District: Representative Mario Diaz-Balart and Representative Connie Mack Request: Collier County requests $1,500,000 in fiscal year 2007 Interior, Environment, and Related Agencies; EPA State and Tribal Assistance Grants funcLs for the Stormwater Drainage Basin III Water Quality & Flood Mitigation Improvements-Cove Pump Station Upgrade Project. Problem: The Storm water Drainage Basin III Water Quality and Flood Mitigation Improvement program is located in the business! commercial and residential downtown district of the City of Naples, with the overall Basin III physical limits being bounded on the west by the Gulf of Mexico, on the east by Naples Bay, on the south by 14'" Avenue South, and on the north by 2"' Avenue South. Stormwater and tidal flooding repetively occurs in Basin III with such flooding resulting in adverse impacts to the city's infrastructure, real property and related economic losses. Stormwater runoff cannot be effectively and efficiently conveyed and discharged to receiving waters principally due to an inadequate primary storm drainge system which includes undersized storm sewer pipes, a lack of wet detention lakes and inappropriate capacity of water level control and discharge structures. The purpose of the Cove Pwnp Station Upgrade Project is to resolve existing stormwater management problems and drainage deficience5 in Basin III. Project Description: This project is intended to provide enhanced stormwater drainage services to its citizens by installing additional storm sewer pipes while upgrading existing infrastructure at the Cove Pwnp Station, in order to effectively control nuisance, damaging and devastating flooding. Residential and commercial property owners will greatly benefit from these stormwater improvements. Additionally, the utilization of public streets for both emergency and non-emergency vehicles and pedestrians would increase through a reduction and/ or elimination of nuisance-level flooding. Total Project Cost and Matching Funds: The total cost of this project is $6,800,000, with the County able and willing to match its required share. The project will take approximately two years to complete. For More Information: Amanda Wood, The Ferguson Group, (202) 261-3684, awood@tfgnet.com or Val Gelnovatch, 1be Ferguson Group, 305-442-0501, vgelnovatch@tfgnet.com Agenda Item No. 128 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reject the settlement offer proposed by John P. Cardillo, Esquire on behalf of the North Naples Fire Control and Rescue District and give direction to outside counsel, Craig B. Willis, Esquire, and the Office of the County Attorney regarding counter-offers and litigation strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et al., Case No. 02-1702-CA (Goodlette-Frank Road Project No. 6(134). OBJECTIVE: That the Board of County Commissioners reject the offer by North Naples Fire Control and Rescue District for settlement of the acquisition of Parcel 126 in the lawsuit entitled Collier County v. North Naples Fire Control and Rescue District, et aI., Case No. 02-l702-CA (Goodlette-Frank Road Project No. 60134) and provide direction as to settlement negotiations. CONSIDERA nONS: On April 30, 2002, the County filed a condemnation action for the acquisition of Parcel 126 from the North Naples Fire Control and Rescue District. This parcel was needed for road improvements to Pine Ridge Road as part of the intersection improvements for the Goodlette-Frank Road project. On Septcmber 26, 2002 the County deposited its good faith estimate of value of $162,350 into the Court Registry and title to Parcel 126 transferred to the County at that time. ,.-. Parcel 126 is a strip take off the front of the District's property along Pine Ridge Road which measures 17-Y2 feet on the east side and 29 feet on the west. The District maintains that the reduction in the depth of its driveway apron has resulted in the District's inability to perform certain maintenance procedures on the towcr truck which is stationed at this site. In addition, District maintains that the site has been damaged by a reduction in site clearance resulting in an unsafe condition. According to the District, this loss of functionality has resulted in a total taking of the District property, thereby entitling them to be compensated for the entire site. The District has offered to settle this matter under the following conditions: (I) the County transfer its interest in the land upon which the Pelican Bay Fire Station is located to North Naples Fire District (the District has been leasing this station from the County for $1.00 per year for approximately eleven (II) years); (2) all leases between the North Naples Fire District and the County be modified to allow a 90-day termination provision as to the County's EMS use of the facilities; (3) the District would accept the sum of $162,350 for full compensation as a result ofthe taking of Parcel 126. This matter has been set for trial on August I, 2006. Pursuant to the Court's Pre-Trial Order, the parties must mediate and are scheduled to do so on March 2, 2006. Consequently, further guidance from the Board as to settlement negotiations is being requested. FISCAL IMPACT: None. If accepted, the value of the Pelican Bay site is estimated at $3.2 million. Agenda Item No. 12B February 14, 2006 Page 2 of 3 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners reject the otTer presented by Mr. Cardillo on behalf of the North Naples Fire Control and Rescue District and direct outside counsel, Craig B. Willis, Esquire, as to future counter-offers to the District and litigation strategies. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney ,_. IlemNumber. Item Summary: MeellnllOate: Agenda item No 128 F0brlmry 14. 2l)()6 P:nge3of3 COLLIER COl;NTY BOARD OF COUNTY COMMISSIONERS 128 Re~ommenda\ion that the Board of County Commi$~I(jnars rejecl the ~ettlemenl offer proposed by JoM P Cardillo, Esquire on behalf or lhe North Naplu Fir~ Conlrol and Reli~ue District and fti~e direction te oUlsid& eC\lfl~1. Craig 8, Willis Esquire, and the omce ci!l1e County Auornay reysrding counter-oIlers and ilbgallon strate\lyln Ihe ~a5eo1ColherCounly v, North Naples Fire Control and Reacue Distri~t, el ai. Case No, Cl2.1702.CA (Goodlette. rrank Road pmjeet No, 6013<1) 2/1412006900:00 AM AssiM.ntCOIHlfyAtl:Omey Dom Prepared By Elh.nT.Chad'l'lleH C<ounty Attt>rney Offi"" 1I301201162:33;5..FM Stl~ronNlIwman A~",ollnlin!l5up<lrv,~or "'" COllntyAnornoy Approved By rr.nsp"rt~lkIl\S..rv'~'(',$Admlll 1IJOllOOO5:01I'M Appl'<l~ed By Norm E. Feder. AICP 1 mn~p()rta\ion Divi~i~n Admini..trn\.or tw. Transportations<>rvicu TranJ;portatiNIServiCil's Tml1sp"rtationlkf\,'iCl'i$Attrnin. 1fS1!20i:l61:5IlAM Appl'o~ed By NajenAhmad "... Trall,;portJltion5'>rv;ce$ Director Tmn~p()rtatinnEngi"""ring& Co"Mructi"nMana'lcmont 1/J1!2Dl)& 8;64 AM K..vln !1lI,.,dric~" RilllrlOfWayAc'luisihonManaller "'" Appl'Oved By Tr.nsportlltlcmS"rvi<:es TE:CM-ROW 11311~OU611,nAM Approved By Manll;l"meBtlBlldllvlAnlll%t Dllrn Li""T"ylor Tra.n"portatlonll,;min,,,tr,,tion :V1i200SS:0l:lAM OavidC.W"ill..1 Counl~ Atl"m<lY "'" 21112001lLWPM TrllnsfWrtmionSm"lces Approved Oy CountyAtl"m..yotHclI App.....ved By Adminl!\.trtlliv"A,5~'\o'tant D.. Coun1yAttorflf\Y OMSC<loroil"ll<>1 CDUnfy ManallO'r's Offiee QUie., 01 Manay""",,,1 &. B"dgQt Z/3i1.00ll9,QSAM M.rkl~<:hl>n a"dgeJAl'laly'" Dat. Apprnved By CnuntvM"na",..r'~Otli"" Offle"DfM"B"\l"JlWnt&[~ud\l(>1 2!Ji2UQ&11:47AM Approved By County Ma"agllr Dale J~m<'lf,V.Mudd Board "ICoullty COJ1lnl;""i""",I"~ Cl>Ullty Mun"ijcr'.s OIlit;.<! 2:11200& 12:1UPM EXECUTIVE SUMMARY Agenda Item No. 12C February 14, 2006 Page 1 of4 Recommendation that the Board of County Commissioners adopt a Resolution providing guidelines for consideration of applicants for appointment to Advisory Committees, and Superseding Resolution No. 94-136. OBJECTIVE: To approve a resolution to amend the County's gUidelines for considering applicants for appointment to advisory committees, and superseding, in it entirety, Resolution No. 94-136. ~ CONSIDERAnONS: On March 1, 1994,. the Board of County Commissioners adopted Resolution No. 94-136 to establish guidelines for adviSOry committees to recommend applicants to the Board of County Commissioners ("Board") for appointment to their committees, On December 13, 2005, the Board discussed amendments to this Resolution, specifically requiring that applicants appear before the advisory committees for consideration of approval and recommendation to the Board, The purpose of this process is to further ensure that the applicants seeking appointment or reappointment meet the qualifications for the advisory committee positions they intend to fill. In addition, the Board desires to receive recommendations from all non-quasi-judicial advisory committees. On January 24, 2006, the Board agreed to allow for an exception for submission of applicants for board appointment when a committee was unable to reach a quorum. A time extension for committee recommendations has also been included to assist the advisory committees with meeting the goals established in this Resolution. The Resolution provides for extensions of time to be made by the Executive Manager to the Board. Staff liaisons providing the Board with the committees' recommendations shall be required to include attendance schedules for prior terms of all applicants seeking reappointment. All quasi-judicial adviSOry committees are exempt from adhering to these guidelines. FISCAL IMPACT: NONE. GROWTH MANAGEMENT IMPACT: NONE. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution establishing guidelines for appointments of members to adviSOry committees and superseding Resolution No. 94-136 in its entirety. .- Prepared by: David C. Weigel, County Attorney AOf!ndB !tem Ho. 12C ~"e.bl(mry 14. 2006 Page 2. of4 COLLIER COUNTY BOA~D Of' COUNTY COMMISSIONERS Item Summary: '" This iiemwas coniirt,-,~d frem the January 24, 2006 BeC Meeting. Recommendation thet the Board of County Commissioners adopt.. Ra50lulinn SupersedinQ R1l5olulion No fJ.4.136, anD plQviding gUidelines for considl>ration of applicanls tor appo intrnent to Adl'isory Boards Item Numbflr: Meeting Date: 2114f20069;OO:OOAM P,'epa,'ed By KIIY Nflll, cu.. LeIlIlIA!;"isttUll "'" CQ.ml)'A11nm..y c""ntyAttt>meI'Offi"", 1N1!200!11:S9:32AM Ap,,,"oved By DavldC.Weigal CDllntyArtcl1"'Y Oat" CtlllntyA!\omllY COlln!y AttomllY OfficII 1/11/200li 4:12 f>M Apl','ovedBy NaucyBradk'y L"ynlSocrotary ",~ COlfntyAttQm..y C",,,,tyAttotn,,yOffic8 1!i1i20G1>4:UPM Approved By OMBCo"rninlltor IIdm;n;st'at;\1.^5~i5tarrt D~te COlfrrty Mall\lll.....& Offlce Office <I' ManmJ"mf".t & Blldget 2f:l-i200&ft:l15AM Approved By u,oE.Oclls,Jr. 6Q..,tl01 C<>uniy Cnrnmi$S;Oflftl$ DfIplfiyCQ"ntyManalle' "". CountyManagllr'sOflilxt 21l11200El:30Ph'I Agenda Item No. 12C February 14, 2006 Page 3 of 4 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ADOPT A FORMAL POLICY ESTABLISHING GUIDELINES FOR RECEIVING RECOMMEN- DATIONS FOR APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO NON-QUASI-JUDICIAL ADVISORY BOARDS; AND TO SUPERSEDE RESOLUTION NO. 94-136. WHEREAS, on March 1, 1994, the Board of County Commissioners adopted Resolution No. 94-136 to proVide guidelines and procedures for appointing and reappointing members to advisory committees; and WHEREAS, on December 13, 2005, the Board of County Commissioners requested a revision to these guidelines to assure they are receiving the best qualified candidates for appointment as recommended by their advisory committees_ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, flORIDA, that the guidelines set forth below are hereby established the for Board of County Commissioners ("Board') for receipt and acceptance of recommendations from the various non-quasi-judicial advisory committees ("advisory committees" or "committee"). All Quasi-Judicial Boards are exempted from these guidelines. L Advisory committees shall be allocated 41 days after notification from the Board's office to submit in writing their recommendations to the Board for the appointment or reappuintment of members. During this time period, the adviSOry committees shall meet and talk with all new applicants seeking appointment at a scheduied publiC meeting. If an applicant does not appear at a scheduled public meeting without a satisfactory explanation, that applicant may not be recommended by the advisory committee to the Board for appointment to their committee. 2. It is the desire of the Board to attain a quorum at all advisory committee meetings; however, If an advisory committee cannot achieve a quorum within the 41- day time period referenced above, upon submission of notice to the Board the deadline for submission of recommendations by the advisory committee may be extended by the Executive Manager to the Board. 3. Prior to advisory committee recommendation, the County staff liaison for each advisory committee shall initially review the categories of applicants in areas of expertise to assure that the applicants possess the minimum requirements for the positions they are seeking. Except where an advisory committee is unable to reach a quonum, the advisory committee shall consider all applicants in attendance and shall determine by a majority vote of the quorum which applicant(s) meets the prerequisites for appointment or reappointment to such committee. The liaison shall provide the Board with the committee's recommendations as well as attendance records of all applicants seeking reappointment to the committee. Agenda Item No. 12C February 14, 2006 Page 4 of 4 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that this resolution supersedes Resolution No. 94-136 in its entirety. This Resolution adopted after motion, second and majority vote, DATED: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUN1Y, FLORIDA Deputy Clerk By: FRANK HAlAS, Chairman Approved as to form and legal sufficiency: ~u,~ ~thJ~f David C. Weigel County Attorney Agenda Item No. 12D February 14, 2006 Page 1 of 6 -- EXECUTIVE SUMMARY Consider Proposed Settlement Agreement in reference to the lawsuit entitled Gordon Dou!!las v. Collier County Case no. 2:04-CV-545-FtM-33 DNF, now pending in the United States District Court for the Middle District Court for the Middle District of Florida, Fort Myers Division, and give direction to County Attorney regarding the litigation. OBJECTIVE: The Board of County Commissioners to consider litigation strategy and the approval of the proposed settlement agreement in reference to the lawsuit entitled Gordon Douglas v. Collier Countv. Case no. 2:04-CV-545-FtM-33 DNF, now pending in the United States District Court for the Middle District Court for the Middle District of Florida, Fort Myers Division and the Board to give direction to County Attorney regarding the litigation. CONSIDERATIONS: Fonner County employee Gordon Douglas sued the County in federal court alleging that his employment was terminated because he decided to campaign for political office and wore a campaign button to work, The County Attorney has maintained all along that this law suit has no merit and is merely a nuisance. The County Attorney's Office participated in court-required mediation and ultimately agreed on a dollar number to recommend the Board to consider to settle this matter for its perceived nuisance value: $] 1,000.00 plus the payment of the Plaintiffs' half of mediation costs. It is estimated that the costs of preparation for trial and a trial will substantially exceed the _ proposed settlement amount, not-withstanding the factor of a judgment to be rendered. FISCAL IMPACT: The settlement offer recommended by staff amounts to $12,600,00_ Funds are budgeted and available in the Risk Management Property & Casualty Insurance Fund No. 516. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this proposed settlement. RECOMMENDATION: That the Collier County Board of County Commissioners consider the settlement offer and give the Office of the County Attorney direction in the litigation. PREPARED BY: Jacqueline Williams Hubbard, Assistant County Attorney Public/Bce Agenda! Douglas EX.Sumrn JWH 21406 --- ,.,,-.--...,,<--.... ~".,..,,", ._.....~"".- ~." --., "~.,'~.. ..-..',",,, A.pamla Itern No, 120 . FCIt)ruary 14.2Q06 P:agEl2of6 COLLIER COUNTY BOAR)) or COUNTY COMMISSIONERS llemNumber: Item Summary: "0 Meeting Date: Considar Proposed Settlement A9reement in referen~e \0 the 11Iwsutt entitled Gordan DOU91n v. Collier County Case no. 2:04.CV.545.FtM.33 DNF _ now penditlg in the Unrted Slates District Court lor the Middle District CO\.lrt for the Mkldle DiMric\ of Florida. Fori Myer'$ Dlvision,llnd lIi\le direcliotl \0 Counly At!orney regltfd:ng the Iiligali on 2i1412006 S 00:00AM Approved By Jeffrey}l.,Walk"r,CPCU, 'RM RhlkManallemenlOir\lclot 0.. AdmjnjlrtmljveS'H...j~e" Ri~k Manu\lMllmt ZI21Z(I069:tI3AM Appro\led By Nancy BrlIdwy L"\laIS..crolary """ COllnlyAftmnf!Y Cmmly A-twmey om,.. 21Z1211QlI1:2t>PM Approved By DllvidC.W..iglll County AnomllY 0.. c.."rrtyAtlomey CountvAr:t0l1,(!)'Of1i~'(I V2i206S,:Z7PM Allpl"Oved By Jllm..~V.Mudd BwrtlofCnunly C..m,"i,>sion~_'" C<lum-yMana!Jl>r '"'' County M~n~g:..t'" Olfice 21311(1GG11:59AM Agenda Item No. 12D February 14, 2006 Page 3 of 6 SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER COUNTY AND GORDON DOUGLAS THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida and Gordon Douglas, (hereinafter referred to as "Plaintiff"). WIT N E SSE T H: WHEREAS, Gordon Douglas filed a complaint with the United States District Court for the Middle District Court for the Middle District of Florida, Fort Myers Division ,Case no. 2:04- CV -545-FtM-33 DNF (hereinafter the "Case"); and WHEREAS, the County and Plaintiff, after attending voluntary mediation, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the Case; and, WHEREAS, the County and Plaintiff desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Settlement Agreement. and Release, and with the intent to be legally bound, the County and Plaintiff agree as follows: I. Collier County will pay to Gordon Douglas the sum of $11,000.00 and Collier County will also pay the cost of mediation in this matter. Agenda Item No. 120 February 14, 2006 Page 4 of 6 Page 2 Settlement Agreement & Release 2. In consideration of the resolution of this dispute, and for other good and valuable consideration as enumerated in this Agreement, the receipt and adequacy of which are hereby acknowledged, the County and the Plaintiff, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, insurers, sub-contractors, and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way to the Case, whether directly or indirectly, with the express exception of an action to enforce this Agreement and/or the terms contained herein. 3. The County and Plaintiff acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, sub-contractors, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 4. The County and Plaintiff recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims. 5. The County and Plaintiff acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 2 Page 3 Settlement Agreement & Release Agenda Item No. 120 February 14, 2006 Page 5 of6 6. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 7. In the event of an alleged breach of this Agreement and Release, the County and Plaintiff agree that all underlying causes of action or claims of the County and Plaintiff have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Mutual Release shall be for specific performance of its terms and conditions; or for any damages arising from the breach. In this regard, the County and Plaintiff further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit Court of Florida, or, if that Court refuses to accept jurisdiction thereover, a Court of competent jurisdiction. 8. The laws of the State of Florida shall govern this Agreement and Release. 9. If any action or proceeding is commenced with regard to the subject matter of this Settlement Agreement and Mutual Release, then the prevailing party in such action or proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said action or proceeding promptly reimbursed by the non-prevailing party. GORDON DOUGLAS Witnesses: (Signature) By: Gordon Douglas (Print) (Signature) (Print) Approved as to form and legal sufficiency: Date: Gary Costales, Esq u ire 3 Page 4 Settlement Agreement & Release COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida By: Deputy Clerk Date: Approved as to form and legal sufficiency: Jacqueline Williams Hubbard Assistant County Attorney public/Bee agenda/Douglas Settlement Agreement-JWH 21406 _ __._..,,____.~__.w__...._"...~.,.__..__.~.,..."_'_'_...__.__, Agenda Item No. 120 February 14, 2006 Page 6 of 6 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Date: 4 EXECUTIVE SUMMARY Agenda Item No. 12E February 14, 2006 Page 1 of 5 ~ Recommendation To Approve A Resolution To Establish The Habitat Conservation Plan Advisory Committee As An Ad-Hoc Committee; Providing For Creation And Purpose; Providing For Terms, Appointment Of Members, And Failure To Attend Meetings; Providing For Officers, Quorum, And Compensation; Providing Functions, Powers, And Duties; Providing For Dissolution Of The Committee; And Superseding Resolution No. 2005-174 In Its Entirety. OBJECTIVE: To adopt a resolution to establish the Habitat Conservation Plan Advisory Committee to increase membership and provide for an assessment of Habitat Conservation Plans to address endangered species within Collier County, excluding the Rural Lands Stewardship Area. .- CONSIDERATION: On April 26, 2006, the Board of County Commissioners (the "Board'') adopted Resolution No. 2005-174 establishing the Habitat Conservation Plan Advisory Committee (the "Committee'') as an ad-hoc Committee to assess the feasibility of developing and implementing a Habitat Conservation Plan (hereinafter "HCPs'') for Red-Cockaded Woodpeckers. This Committee is composed of 9 members. On January 24, 2006, the Board moved to amend the provIsions of this Committee to allow for assessment on the feasibility of developing and implementing HCPs for additional endangered species. This assessment would be conducted in all of Collier County except the Rural Lands Stewardship Area. The amendment would also allow the Committee to determine what alternatives would be available to the Board if HCPs are not deemed to be feasible. In addition, the Board has requested an increase in membership from nine (9) to thirteen (13) members. FISCAL IMPACT: There is no direct fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact associated with this item RECOMMENDATION: That the Board of County Commissioners execute the attached Resolution to increase the Committee membership and to provide for an assessment and feasibility study of endangered species in Collier County excluding the Rural Lands Stewardship Area. .-- Prepared by: David C. Weigel, County Attorney Agenda Item No. 12E February 14, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 12E Recommendation To Approve A Resolution To Establish The Habitat Conservation Plan Advisory Committee As An Ad-Hoc Committee; Providing For Creation And Purpose; Providing For Terms, Appointment Of Members, And Failure To Attend Meetings; providing For Officers, Quorum, And Compensation; Providing Functions. Powers, And Duties; Providing For Dissolution Of The Committee; And Superseding Resolution No. 2005-174 In Its Entirety. 2/14120069:00:00 AM Item Number: Item Summary: Prepared By Steven Griffin Assistant County Attomer Date County Attorney County Attorney Office 2/8/20064:05:41 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 2/8/20064:11 PM Approved By James V. Mudd 1 of County .missioners County Manager Date County Manager's Office 2/8/2006 4:21 PM RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, TO ESTABUSH THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE AS AN AD-HOC COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR TERMS, APPOINTMENT OF MEMBERS, AND FAILURE TO AITEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, AND COMPENSATION; PROVIDING FUNCTIONS, POWERS, AND DUTIES; PROVIDING FOR DISSOLUTION OF THE COMMIITEE; AND SUPERSEDING RESOLUTION NO. 2005-174 IN ITS ENTIRETY. I Agenda Item N . 12E February 14, 2006 Page of5 WHEREAS, on April 26, 2005, the Board of County Commissioners adopted Resolution No. 2005-174 establishing a Habitat Conservation Plan Advisory Committee as an ad-hoc committee to assess the feasibility of developing and implementing a Habitat Conservation Plan (HCP) for Red-Cockaded Woodpeckers and to provide a recommendation to the Board of County Commissioners as to the desirability of the County to pursue the development of said HCP; and WHEREAS, the Habitat Conservation Plan Advisory Committee is composed of nine (9) members; and WHEREAS, on January 24, 2006, the Board of County Commissioners requested that the Committee membership be expanded to thirteen (13) members and that instead of assessment of a plan for just the Red-Cockaded Woodpeckers, to assess multi species that are endangered. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, that: SECTION ONE: Creation and Purpose of the Habitat Conservation Plan Advisory Committee. Pursuant to the proviSions of Collier County Ordinance No. 2001-55, the Board of County Commissioners (the "Board") hereby establishes the Habitat Conservation Plan Advisory Committee (the "Committee") as an ad-hoc committee to assist the Board of County Commissioners in determining the feasibility and desirability of developing and Implementing Habitat Conservation Plans to provide for the protection of endangered species. SECTION TWO: Tenns of Office; Appointment of Members; and Failure to Attend Meetings. The Committee is hereby created as an ad-hoc Committee for a period to expire three years from the date of the resolution appointing the additional members as directed herein. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55 or its successor ordinance, and shall serve the full three-year term under the ordinance. Agenda Item N .12E February 14, 2006 Page of5 The Committee shall be comprised of thirteen (13) members. Current members appointed to this Committee shall remain and the Board shall advertise all vacancies. To the maximum extent possible, the Committee membership should have representation from various stakeholder groups including, but not limited to, potentially affected property owners, the development community, and environmental Interests. The members shall serve at the pleasure of the Board of County Commissioners. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. If any member of the Committee is absent from two (2) or more consecutive meetings or one-half of the meetings in a given year without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55, as amended or its successor ordinance. SECTION THREE: Officers; QuoNm; and Compensation. At the Committee's first meeting, the membership shall elect a Chair and Vice- Chair. Thereafter, Chair members shall be appointed annually. The presence of a majority of the voting members shall constitute a quorum. The Committee shall adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers, and Duties of the Committee. The functions, powers and duties of the Committee shall be: A. To serve as a forum for community review and discussion regarding Habitat Conservation Plans. B. To evaluate the feasibility of using Habitat Conservation Plans to protect endangered species in Collier County, excluding the Rural Lands Stewardship Area, and in particular to expiore the ramifications of multi-species HCPs, including the following elements: 1. Issues of geographical scope and coverage of HCPs; 2. The species associated with the geographical scope; 3. Types of impacting activities, Including County infrastructure needs; 4. Financial impacts of multi-species HCPs; 5. Community support of HCPs; and 6. Alternatives to HCPs if HCPs are not deemed feasible. C. To provide a recommendation to the Board of County Commissioners regarding the development and implementation of Habitat Conservation Plans. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. 2 SECTION FIVE: Dissolution of Committee. Agenda Item No. 12E February 14,' 2006 Page of5 At the condusion of three (3) years from the date of the resolution appointing the additional members, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. SECTION SIX: Supersede Resolution No. 2005-174. Collier County Resolution No. 2005-174 Is hereby superseded. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA By: FRANK HAlAS, Chairman 3 Agenda Item No. 16A1 February 14, 2006 Page 1 014 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Fiddler's Creek South Commercial Center", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Fiddler's Creek South Commercial Center", a subdivision of lands located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CON SID ERA TIONS: ~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Fiddler's Creek South Commercial Center". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Fiddler's Creek South Commercial Center" be approved for recording. FISCAL IMPACT: The project cost is $487,466.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 21,550.67 - $465,916.00 The Security amount, equal to 110% of the project cost, is $536,213.34 The County will reaiize revenues as follows: .- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $15,984.00 Agenda Item No. 16A1 February 14, 2006 Fees are based on a construction estimate of $487,466.67 and were paicflll1ge 2 of 4 May, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5Jac) -$ 1,360.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 161.63 c) Drainage, Paving, Grading (.75% const. est.) - $ 3,494.37 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 484.89 e) Drainage, Paving, Grading(2.25%const.est.) - $10,483.11 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek South Commercial Center" for recording with the following stipulations: 1. Approve the amount of $536,213.34 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No, 16A1 Febp~ary 14. 2006 P"g(<3cf4 COLLIER COlJNTY BOARD or COUNTY COMMlSS10NERli Item Number. 16A1 IternSummlry: Rl'Itcmmendlltion to approve for recarding the final plat of Fiddlers Creek Sallth Commerciel Center.approvalofthestandardformConstructionandMaintenance~,greemenland approval of the arnount 01 Ihe per1ormanc{tsflcur!ty 2/14/2006 S:OO:OO A.M MeellngDale: P,....pH,....d By Jl>hnHollld""'l>rth S",,,illrEnginHOlr "'. C"mmuuilYtfflv<dop''''lIlt& EnvironmOlllhllServices EogitlflllltingSeNkes 1111121106 11:%4:31 AM App,'ovedBy ThGmasE.Kuck,P.E, COES Enllin....ling SclrvkH5 Dlrecl!>!' "'. ClIm",,,,,jlYo..v..lopl'IlHrrt& Envi,onm....t~IS"rvice5 COESEngi"..a,;"gServl,,,,s 1/13120069:11 AM Approved By C",O!.tan<:e A. Johnson O;>uratio"" Amdyst C"fIlmUnityo"lffll"pnlllnl& Co",,"u,,rtyU"""lupn'..nt& Erovirol'lm....IQl S"rvkell Envilonmeroml S<lrvice...Aulnin, "'. 1iHi200& 2:22 PM ApprondBy SlIndrlll...ell! EXl'culiwSecr"tilry Community o.."elopmem & Commllnity o..,,~jol>m..llI & Env;ro"m..nl~l$llryi""s ErwilOml1"ntill Servic",,, Admin. Dille 1il1i20062:S0PM Approved By J...~",ph K. Sehmilf Community O<I"..I\'pm..111 & Envlro(lm..nt~15Hnlic"sJ\dmim;tralor Tho" Community O.."..jop,"efll /I. En",ir"'lIIwnlaISilrviC<l" CQmmunityDev<1l"pm..nl& ElWit1>l'lm'mtlll S..rvic<>s Admin. 11211100610:5GAM AllprovedBy Mich;".ISm~klJ>'$kl Mllnlloem",nt&Sudg<l,Oi"'Clor "" Couuty M~uQg",,'..Olficlt Olrk" of M<lnll'JIlln<>l1l & audilet 1125J;rollG 2:33 PM App,'oved By LeoE,Ochs.Jr. DepulyC(lunlyMIIMg.., ".w anllrdofCoonty Commission..rs c<>umyManllgersOftke 1111i200&4:~8PM , I I I I , I I ! ~ ~Tj: ~~!!.nll,!! < "DDLl.'SORfr. ('''''"CRl'''/<)''' A,,,,^,,,,,,,,,o.l5 I I '""~, I. 'I L II I ,,",o."llj I ! I , ,I I ) I I ( I, . .J il I----L. J i ,il i I SITE MAP Agenda Item No. 16A 1 February 14, 2006 Page 4. of 4 '''''''''''''"'"",,,, ----:n -=n=.!:cJ U. P . IS !:cJ~. Ir~: 8! 8! 8' ~ tJ!r=J tl ~ ~~ME ~~~[ Y---1 SHE I /\'"r ~;'I " ",'s ~k"" (r ~,",v ""OWl< ./oj,.~"C'" 'HOOf.S \\\"""'."" >J.---.>'/ ~j-;;> \ ~ i ~_..J .flPDLER'S CREEK SOI!lJ::I..CottERCIAl.. CENTER Agenda Item No. 16A2 February 14, 2006 Page 1 of4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Treviso Bay", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Treviso Bay", a subdivision of lands located in Section 29, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Treviso Bay". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code n Section 10.02.04. .-- Engineering Services Department recommends that the final plat of "Treviso Bay" be approved for recording. FISCAL IMPACT: The project cost is $6,041,045.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,598,120.00 - $4,442,925.33 The Security amount, equal to 110% of the project cost, is $6,645,149.86 The County will realize revenues as follows: ,...- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $187,456.36 Agenda Item No. 16A2 February 14, 2006 Fees are based on a construction estimate of $6,041,045.33 and were p~iJW-l2 of 4 August, 2004 and March, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5Jac) -$ 6,225.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $11,985.90 c) Drainage, Paving, Grading (.75% const. est.) - $33,321.94 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $35,957.70 e) Drainage, Paving, Grading(2.25%const.est.) - $99,965.82 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Treviso Bay" for recording with the following stipulations: 1. Approve the amount of $6,645,149.86 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agl3nda Item No. 16A2 February 14. 2DOt) Page3of4 COLLIER COllNTY BOA.RO OF COUNTY COMMISSIONERS ItemSummilry: "'" Recommendati'Jn to approve lor recording the fi<1al plat 01 Treviso 13..1', approval of the $t~ndard form Construction and Maintenance Allmament and approval offlle amount at ltl(l perflll'mlll1cesllc\<rity Item Number: MeetlngOata: 2114i20D6900cODAM Prepared By JQhnHollld"W<Htll Community Ol>velopmtlul &. Eovlrunrl1"'ntal Sl'!rvi~"'$ 5eniol' En\llnD"r '''''' F.nol,,,,,,ringServicu$ 119/ZlIOll7:14:MAM Approved By Thom<lS E. Kuck,P.E. CDl::S Engu,eerlng Services Qiredllr "'. C<><JInlunity !)qV<lloPm~"l &. Eovir"'''I1.mtilIS'''rvi~e.. COES Enllineeri"ll 5"rvi~e~ 1illJ2110G 9:26 AM Al'proved By Consume/! A. Johns'ln Opllflltion$ Analyst C<><JIlnullify DmMlopllWnl &. C'''''fllunity Oev~lq>ln~rtl 8. Emrironm..rll.,t Services E"";.o",",,o",; SoI,..,j",,'O l\<Jmin. "'. 1111!WO$2:Z~PM ApP,'oved By S~"dr.. L..... E!",,,"H~,, Seerebrry C"mlT111ni\y O..""h'rmwut &. Commllnity [)(w..lopll1<1"t & E:...."lro"m..ntlll$..rvi""~ Ellvir""m"lltaIS"'l\Ii"o,"I\,lIfiln. "'. 1IHIW(!62:ZGPM App....ved By JosephK.$enlOlitt COtTlfO\IHityOll,,~I"rmerrt8. En,,;r'lllmVm<l1 s,.",lce" Admln$lnrtof 0.11.. Communi<.l' O..""l<)pm"flt & Enviroomenl;.;S<llVi""" C.:.mmlloity O..vej"pment & EOlllronm..ntalSarvi<:ouAdmin. 1J211100610:MAM ApP"ond B} M;cha"ISmyk'l_ki Managemenl&811Cu..tOiroelor "'.. County Manall"'("$ Off!c& Offie"'lIMana\l"""'nlll.611d\l01 1125IJffi(!Gl:.11 PM Apprond By L""E.Oclm.J<. Deplltyea.."tyManaller "'.. BMfllQfCollnty C<>mmi",,;,me15 COllnly Manaller'" CffiC<l 113112110S4:A5I>M Agenda Item No. 16A2 February 14, 2006 Page 4 of 4 8JTE LOOATlON " 2 "L ~~ coly..L___ 2 " . \\<.l<l'Ii<>>llHl:SMllS ~1 ~2 . " I.. LOCATION MAP SITE MAP lREYISO .. y Agenda Item No. 16A3 February 14, 2006 Page 1 of 5 ~ EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Glen of Naples". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Forest Glen of Naples" CONSIDERATIONS: 1, On August 16, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Forest Glen of Naples". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. .-. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A3 February 14, 2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Forest Glen of Naples" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A3 February 14. 2006 P1Jge3015 COLLIER CO\JNTY SOARD OF COUNTY !::OMMI:>SIONERS Item Number. "'" Ret:ommendaiion tQ gran1 final approval (If the roadway (privaie) and drainage imprQvemp.~ls 10rtll08 rinal plat of Pores! Glen of Napies. The roadway and drainage improvemenls will be privalulymaintaine<l 2114f201l69 00,00 AM Item Summary: Meeting Date: p,.epared By JlIlmHo\lldsworth CommunityO"'.....h>pnIOIlt& Envir<:ll'lllll!ntlltSetVic,,~ 5en;orEngin....r D.. EngitMerlnll~l'Ijces 1IUIZO(l6S'31:21AM App"ovedBy Tho"",," E. KUGk, P.E, CommunityD.>V<llopmerrt& E"vir<HlmellttllSt!rv;ee~ CDES E"!Iin.."nn!lS"r<;ee~Oirnetor 0" Cm;:SF.:ng;n_rin9S..rvke5 1113llt106!1:11AM Approved By Cons1anee A. J",mson Op<nlltion~ AMly~t Cnmmunlty O<l<vell>flmem &; Cpmmunity Ot!vel"pmerlt It Envirunment<ll$ervi~es E""ilnnmenla:lS>.>rvicl>\<A<lll1in. D.. 1/11!1lI0SZ:14PM ApproVl"dBy s..ndr.. L... e..:I!clrtivl! S"~letary C<>mmullity D\/ViI;ppmem & CpmllllJl'lity o.v"iQ!>m""t It Envirurnnflflti\1 Sl!rvi~lls Envinmmental S<lrv;C8$ Admin. ,.. 1iHIZ(l6S2:31 PM App,"ovedBy Jon;lhK.Schmi" Commlin,lyOll""IQ!lIl'"m& Envjr.,nml'lnl\lIS"",;~","j\<:imjn$trlljt)r ,." Community Ollvelop"'''f11 & En\lin>nm..ntllf~,...j"'$ Community P"val"i"mmf & en"ir""menlal Services Admil1. 1/71J2(l(l6i():5\lAM ApprnvedBy Mich....iSmjlk'n%ki M"""g""",nt&a"'l!ll\tO;rectIH ,.,. COllflty Manag<;>r"" Offkll Office o>f Mana.....ment& fh,dy..t 1125!200G 2:26 PM Al'l'rovedB}' Jame,.V.Mudd COlllltyMa"all'" D.. B"um:lflfCounty CI>lllmissi.."..rs COllmyMan"9'l,'sOfftca 113112006:1:31 PM Agenda Item No. 16A3 February 14, 2006 Page 4 of 5 I , ! " I ""-DE" "'~ ","'. """.. ----~ 1 , GOLDEN i Gm ,~, ~~]L~ "::*:~t =-j!~- -1 ----,I 'I ...~,~. 1 1- - -- - --l 1- ~. "I" I 1 -I 1 I --t- i , ... , ii~' n SITE MAP LOCATION MAP FOREST GLEN OF ~S Agenda Item No. 16A3 February 14, 2006 Page 5 of 5 RESOLUTION NO. 2006 . RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FOREST GLEN OF NAPLES, PURSUANT TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103, WITHOUT RESPONSIBILITY FOR MAINTENANCE, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 13, 1999, approved the plat of Forest Glen of Naples 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 platted roadway and drainage improvements and relea<;e of the required maintenance security; and \VHEREAS, the Engineering Services Section of the Development Services Department hu." 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 platted roadway and drainage improvements in Forest Glen of Naples, pursuant to the plat thereof recorded in Plat Book 31, Pages 94 through 103, wi.thout responsibility for maintenance, and the Clerk is hereby authorizcd to rete-ase the maintenance security. BE IT FURTHER RESOLVED AND ORDERED 'hat the Forest Glen of Naples Homeowner's Association shall be responsible for the maintenance of the roadway and drainage improvements in accordance with the recorded plat of Forest Glen of Naples. This Resolution adopted after motion, second and majority vote favoring same, this ._ day of ,2006. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Frank Halas, Chairman App and Agenda Item No. 16A4 February 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Park". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Forest Park" CONSIDERATIONS: 1. On March 9, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Forest Park". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A4 February 14, 2006 Page 2 of 5 RECOMMENDA TION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Forest Park" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department A[i\md8 !tern No. 1fjA4 F(lbruary 14.2{)05 Page3nf5 COLLIER COUNTY E10MtD OF COUNTY COMMISSIONERS Item Number: >OM lIemSummary: Re~..mmerHll!t;on to \Irllnl final approval of thO\" roadway (privatlli and drainage improvements torthefillsl pia! of Fores! ParK, Th~ roadway and drainage il1'lprovemenjs will be privafely maintained MeetlngOate: 2i14/20069:00cOOAM P,'epared By JollnHouldswr.rtIl $.miQrEuglneer "'. CQmm"nITy n.w..lopnwnf & Environmeflta!$ervlcu Engi..-rjngSarv;ees 1!1112llll68:3s,nAM Approved By Thomas E. Ku<:k,P.E, CDESEnll'ill<l<lriflllS.......kesDINcto' Darn ComrTIunity{)a.wlopflwn\& E,wironm..nIllIS..rv;ces CDESF..ngi"aor;ngSOlfVi<:<l. 1113!ZG069:f1AM Approved By COnSllll'lCekJohnsoll Op..rnti\,"sAnaly~t Cammllrlity OIlv<!loplllent & Community Oev~lopl1'lellt $. Emdronl1"llOntal ~.vkl'l~ EI1Yirol'lm..ntal S<lrv;ClM< Adm.n. Dlle. 1!H!W062:26PM Approved By S"f":intLaa E:o:..culiV<'S~Cf,,",<Y Comlllu,,;!y O..yeloprmlrll " Co,mmwity o..Vf!IOplTlflnt" Enviromn"n!a!Sllrvicl>\l Env;ronnwnl<lIServiell"Admih. "'" 1117!201162:29PM Appnned By JnsllphK,Sr,nmitt C"mmuni\yo..v..1opment& Env;,,,nmenl',ll S<1rv;C"$ Admim:.tra!or Community o...."lopm"nt <\ Environm.mti>j s..rvi<;..~ Admin. Onfft CommunilyO".,.,lop",.,nt& Environmental S"rvicu 1I21!2M6111,SSAM Al'p....ved By Miclla..ISmyk<>wski M&nag"mll'nt& Bodget Director "''' CoumyMa"B'J"r'"om<:.1'l Of!;C" or Mall'l\l\lw'mt" eudgll1. 1/251:rt10li2;lOPM AI'P,.oved By L""E.Oclls.Jr- Board";-Co"..,ty C"mm'ssion"r~ DepmyCo"ntyM;Ionaller "'. Co"ntyMallllll,,,'..OHI~... 1/31120065:t1 PM Agenda Item No. 16A4 February 14, 2006 Page 4 of 5 " ""'"..""",,,,,,,, I ~' ; "",,-, 8CR......f ,A..S ~ ~"]!,iL """',"""'"'''' 1,,:[, -'- ,.tc- ~~":~\" " """'""",'"-,, , , ~ "''''"l:,'!. ,',"'''-' GOLDEN ! l' "':i.."" ~_._J_ =~'"' I ''''"' "'"'" " ,. " ...,,"", i ' --..... ,..., . " i; 4' ,...:~~'.;...."" ~w.g" "", 1~8"'''' ;i-,"" I__ , """''''' ........." I ," , i-r f-=' ,-----~ I I SH<RWOOO'.A.' i LOCATION MAP __ ___ FOREST PARK_ SITE MAP Agenda Item No. 16M February 14, 2006 Page 5 of 5 RESOLUTION NO. 2006-._ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING I'INAL ACCEPTANCE OF CERTAIN ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN FOREST PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 35, PAGES I THROUGH 7, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE DRAINAGE AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE FOREST PARK HOMEOWNERS ASSOCIATION. WHEREAS, tbe Board of County Commissioners of Collier County, Florida, on October 12, 1999, approved the plat of Forest Park for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications ,Uld as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release. of the required maintenance security; and WHEREAS, lhe Engineering Review Department of Community Development Services ha,> inspected the roadway, drainage, and WaleI' and :-iewer improvements, and is recommending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLlER COUNTY. FLORIDA, that final acceptance is hereby granted for those platted roadway, drainage, and water and sewer improvements in Forest Park, pursuant to the plat thereof recorded in Plat Book 35, Pages 1 through 7, and the Clerk is hereby authorized to relca~e the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accepts the future maintenance and other attendant costs for drainage and waler and sewer improvements that arc not required to be maintained by the Forest Park Homeowners A'isociation. This Resolution adopted after motion, second and majority vote favoring same, this _ day of .2006. DATE: ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLlER COUNTY. FLORIDA By: , Deputy Clerk By:__ Frank Halas, Chairman App 'C I a t< form and c .1 .' fi' :~~;...-- J '-'_\ J err rey . K tzkow Assist;: t C nly Attorney Agenda Item No. 16A5 February 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Park Phase II". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Forest Park Phase II" CON SID ERA TIONS: 1. On August 29, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Forest Park Phase II". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. Agenda Item No. 16A5 February 14, 2006 Page 2 of 5 RECOMMENDA nON: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Forest Park Phase II" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenrjallern No 16A5 February 14.2D06 P"ge3of5 COLLIER COlINTY BOf,RD OF COUNTY COMMIS510~<;R.l:l ItllmNumber. Item Summary: 1!iAS MlIetlng Date: Recommendatiol't lO grani final appro,,!!1 oflhe roadway (privatll) and drainage improvemf:>nts lcrtheflnal plat of F"rest Pari> Phase II. Theroadwayanddrainallelmpro~\lll1erI5WiHbb privalelvmeintaincd Zif4t'10Q69:0000AM P,'eplll'ed By Johntloul<!sworlh SeniOfEn\li"....r 0.. Cnmmunlty o..~..lopnwIl1 &; EtlvlronmenlillServices E"gi....erlngSef\lil;1>S 111:maIl6B:3S:Z5AM Apprllved By ThalmlsE.Kuck,P.E. COESEngi"""rlllflS..rvic..sDiNlclor unte Commllnity Ow<"lopm~l\t & ",wl,,,nrllenla1511rvices COES Enllin"..rinil Smvje."s 1I1.112110S!l:HIAM Approved By ConstJInce11.. Jotlnson Op"l"lllio"..AtliIY$t Community o..vt!lormwnt & C"lIlrmmity Ot!1/..lopmem & Etlvlronrn<>,"~l SeM/ol!S Envl,onl'l1flnml S..rvice. Admin. 0.. 1117!ZiI116Z:2SPM Approved By S.."d,."lM EX"CllhwS..cremry Cnmmllnitv 0<IVi!lo",,,,..,,1 & Cnmrnl.mlty 0..1"'1""..."111 & ErwironrnllnI<lISefYi"'.... E"~I'nnm"'ntlllS"f\licllsAdml". n.~ 1il1!20062:26PM Approved By Jns"phK$chmltt Con,mullil)'Ownlop"'''<<l& Enlfjro"m",nt<oIService.lldminlrtrlitar Cornnmnityo..volof>lTN!IlI& Envlro"m"ntaISe"'lt;tli<(,dml". o.,ln ComrrmnltyOevelopfnllnt& Environmentll.l5<wJicu 1I2HZDC611:llCAM AppnlVed By Michael Smy~(lwsk; lIIanHgeml'nl&audgetOirncto' Dale ClllllllvMana\lll-c"sOffice Offlcf' 01 MUllall"ment& SudUlll 1/75i2lJt1GZ:2!tf'M Approved By L.."E.Och..JL BClll'dotCo,,,,ty C"mm,s.jon'!ls Def>ufy COllJ"ty Manaie, Dlil" Co'mtyMana!t'>>..t,Office lmll/WIIS:UPM Agenda Item No. 16A5 February 14, 2006 Page 4 of 5 '" ""-"'"om",,,.. -~Fr ~"'~...'""'" I I " " =.;,,,,, ,,,"" "" ~,,,,,",,.,,,, I "" ,. ,,,,", _~; " '0 0'" " C>"~';"" '"t- ~~:'i'.~~ - j--- I ----r " "''''' GOLDEN GATE .""""""TI ;~'" ""co,-- .:...._~J_ P'ROJECT LOCATION , ,", I 5, ".,,..,," Tii-. ~.=,~:=,O. 'I; ""-J ,I, "";0"-"' ~~ 1 I T- L_J r- I'''''~'C<'' 'I ,,~) _,.,..m l, ::.:~:~~ I " L>HO_' r;,~"[~ I"""" ,,,,.., .""'" "'''''' om SITE MAP LOCATION MAP FOREST PARK PHASE__TWO ..... Agenda Item No. 16A5 February 14, 2006 Page 5 of 5 RESOLUTION NO, 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ~'INAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FOREST PARK PHASE II, PURSUANT TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38, PAGES 1 THROUGH 4, WITHOUT RESPONSIBILITY FOR MAINTENANCE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE FOREST PARK HOMEOWNER'S ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 12, 2002, approved the plat of Forest Park Phase II 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 mnended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of the required maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Dep<lrlment has inspected the roadwuy 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 platted roadway and drainage improvements in Forest Park Pha"e II. pursuant to the plat thereof recorded in Plat Book 38, Pages 1 through 4. without responsibility for maintenance, and the Clerk is hereby authorized to release the maintenance security. This Resolution adopted after motion, second and majority vote favoring same, this _ day of .2006. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COU_lER COUNTY, FLORIDA By:_._._____________ , Deputy Clerk By: Frank HaJas. Chairman A roved as to form an legal uf' ciency: Jeffr Assisaut A latzkow runty AUorney Agenda Item No. 16A6 February 14, 2006 Page 1 of 4 ~. EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Artesia Naples", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Artesia Naples", a subdivision of lands located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Artesia Naples". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Artesia Naples" be approved for recording. FISCAL IMPACT: The project cost is $2,285,916.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 638,149.33 - $1,647,766.67 The Security amount, equal to 110% of the project cost, is $2,514,507.60 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $70,892.48 Agenda Item No. 16A6 February 14, 2006 Fees are based on a construction estimate of $2,285,916.00 and were p~lIr'l 2 of 4 October, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 2,315.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 4,786.12 c) Drainage, Paving, Grading (.75% const. est.) - $12,358.25 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $14,358.36 e) Drainage, Paving, Grading(2.25%const.est.) - $37,074.75 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Artesia Naples" for recording with the following stipulations: 1. Approve the amount of $2,514,507.60 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: MeetlnllDale: Agenda Hem No_ 16A6 February 14. 2006 Ptlge3of4 COLLIER COl!NTY BOARD OF COUNTY COMMISSIONERS "'" Recommendation to approve ft>r reCtlf!:in(l the fInal ptat of Artesill Naples, approval ollhe Still'lllara form Ctlr1struction and Maintenanc;) Agreement and approvai tlf lhe amount 01 the performancesacurily 2!14i2006 f! 00:00AM 5.mlorEngin8er "", Prepared By JuhnHo!lhbwortll Camm..nity O"'....lopn;QIlI & l:llvironmer1{;dS"rvi''''' l;'.1l{l;n....illgSll",;ce!l 11'4'2005 i:06:47 PM App,'oved By OQlR CllnsunceA.Jot"''''''' OP';If.flti(l-IlsAnalysl CommuJlity tk>v"'''pnwm & Comm.witr DolvelQpment & Environmental $o;orvi~"$ El1vimmnelltal Se",ic..~ Admin. 1/24!200ll2:6tPM Approved By Thomll$E,Ku~k,f'E COES Enlli"""'ingS,,rvke$ O;reclur Oate CommunilyO"v"I"f1munt& Envi,onmentQlSlllVkR$ CDES En\lin....rin<< S.."';c.." 1124'20002:41 PM "", ApproVt!d By S_ndr~Lea ;l/cutiwS<lcl'lOtary ClImmunity th>v"j"pm.mt & Commurlity o..v.,'oJ,m"nl & E"vl<<>nmenI1l15l>lVic@" Envirnl'llm'!ntul Sl'",kll" Admin. 111S12UOO:HlOAM ApprQved By """ JOUl'hK.$cllmil:l Cummllnay o.,vool<lpmenl" EnvlnmmtlmaJ :arv'",," CQmmllnityo.,v"I"I'",em& Ellv;rcmm",nttll StllVic&s Ad""n..iralor Community Develop",,,...1 '" Env;r<>nmenUlJ S"rvie<;~ Adm;n. ltZenO%S,1411M Admill,,,lrativ,,A..,,istanl Oat" ApproVt!dBy OMBC<>ordinato, Co"nly Ma...all""''' Offlc" orr;ClI! 01 Manll\lemenf& Blldll,,1 tI11l,'20062,47PM BudglllA..alyst [laM App,'oved By Markl.a<;k"n" COlJntyM_""lI",'sOflico 0iIlc""fMana'l"""",t&611tlglll t!3D1200f3:05ltM o..putyCountyM"lnllfl"r l)ate Approved By t.<I<1E.Och..,Jt. B""f"(jorCollrrty C""'mi....io!lon; C(I"ntyM.."..".....s Ofl'i~.. W1!200G5:19PM LOCATION MAP ARlESIA NAPlfS I'I!:NT~TI<(SlA"S " ,,_"-""""" ...,.,...,....-....~'"."' ~- AIlTr5lAHJ>'US SITE MAP Agenda Item No. 16A6 February 14, 2006 Page 4 of4 MRBWO Agenda Item No. 16A7 February 14, 2006 Page 1014 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Brentwood Two" OBJECTIVE: To approve for recording the final plat of "Brentwood Two", a subdivision of lands located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Brentwood Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Services Department recommends that the final plat of "Brentwood Two" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1,380.00, plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final site development plan approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. lEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: Agenda Item No. 16A7 February 14, 2006 Page 2 of 4 That the Board of County Commissioners approve the Final Plat of "Brentwood Two" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A7 February 14, 2006 PJge3of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: l6A7 RecornmendlltiOflll>llpproye tor rEcon:ling the flnal ptal of Brsmlwood Two 2/14120069:00,00 AM PrepandRy John Hould<lwortb Comm,.mJtyO"....lopmlll1t& Envfronn)/mtaIS..rvku S<!nio,Engine.., "'" Engine..,ings.;.r,oic,"" 1125IZ0066:21:13AM ApprondBy Con,\;tan~" A. Johnson O".ration~ Analy~t Commuuity [)wqloproo"t & Community em...iopmerrt & Env,rnnment.1 S..rv;~f!S Envimnmqnt,d S..,vj",!.~ Ad",in. "'" 1I25J201l6S'29AM Approved By Sandra L..a EXftcutiveSecmt.ry Community OIIlf<1h>pmenl & Community o..veloprn..nt & EnvirnnmemalSe,vic..s E1Iviron"...ntalS..rvic....Adm;1I. ,~ 1125J20tl&8:5lIAM ApprondBy Thoma E. Kuck. P.E. Community DIlWlopm<ll11 & EnvjronmcntaIS..rv;co~ CDESEng;n....rin!'lS..IV;rA!.\IOi...~tor "'" COESE1I"in"..nngSilrvi<oes tl2511ll0'3:QJPM App"oved By J"""phK,Schmllt Community o..""lol'm..nt & Environment..1 S~tvi",,~ Adll\in~tTa1or Pm CommuoityOevelopment& Ellvi'ourn.."tals"rvic.... Cumlllll"ity o..wlopm"nt & Envi'<ln........talServic'.,;Admin. 112111201lG?:HAM App,'ov"d By OM13Coo,din..lor Ad,nlflistrn1i,,"A,.,.isIAnt ",," CountyM..n2q..,'sQtti<<! OtliCf'olM.."aqem<inl&Blldg..t 113W20062:47PM App,'oved By M"rtl$li!ck50n Sudg..tAnaly..t "'" Countl'M~natl..r'$Otfi"'" Offie" of M~"a9..m'ml & Blldget 113U1100G.'UOPM Approved By L..o E. O~hf.. Jr. Board of County COlllmi$<li'>n"", Deputy County Manall'l'f "'" COllntyManager'sOtfic.. 1131r20065:54PM __~_~_u.._~____._... LEE COUNTY I I " ~ ....~... --. "'-".~ ,-, .. ." ,-- ''''',' ~....~. " ..."",. ,,,,,,...., ,,""'..... .m.,...' ",~.. ..- COO" " " ''''''",;',,,:.'''n' ""...,...". ",,,, """ .- ~_ ,.-'"''''.::''1 -C~'7" ~ . ! '",,:"~" . "' =1- - ~ -- "':,;,' ~='n' " i """'i,"~""' ,I .,...~ I. ~-=~. "''''' ., " LOCATION MAP "i "... '" BRENTWOOD TWO 8 .~ oo><ov.. : ""l[~ Age~da Item No. "16A 7 ebruary 14.2006 Page 4 of 4 GC>.r"~~~'~~UB \ - I "'''Bu'''' I \ I l tc4 ' ,I \ \ \ I, ''"~=~I !\Iii -. H.., -=-:- I 1).111 I ~ - - SITE MAP - Agenda Item No. 16A8 February 14, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the McIntosh property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the Mcintosh property and direction to the County Manager, or his designee, for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the Plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. On January 17, 2006, staff submitted an Interim Management Plan for the Mcintosh property to the CCLAAC which had previously been approved by the Lands Evaluation and Management Subcommittee. The CCLAAC unanimously recommended approval with one change suggested, to add the Golden Gate Estates Area Civic Association as a contact organization. This change has been made to the plan. FISCAL IMPACT: The cost of land management activities for the first year has been estimated to be $43,700. The second year management goals will cost $31,500, for a total of $75,200 over two years. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. Staff will seek grant funding to assist in reducing these costs. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element (lfthe Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in Section 14, provides a legal framework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for the Mcintosh parcel by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve the attached Interim Management Plan and direct the County Manager, or his designee, to implement it for the Mcintosh parcel. PREPARED BY: Christal Segura, Environmental Specialist, Conservation Collier Program. Environmental Services Department Item Number: IlemSummary: Meeting Date: Agl'irlda Ilem No_ 1MB Februar~ 14. 2006 Page2of12 COLLIER COlINTY SOARD OF COUNTY COMMISSIONERS ,,^' Recommendation to 8ppr(l~e an Interim Management Plan for the Mcintosh property under the Conservation CoillerLand Acquisilion Program. 2114i200S 9:0C 00 AM 0.11.. Prepared By ChristaIS,,!!..,... Cnm.....nityO"VilI"pm'mt& erwironml'f!t"IS"rvic",,, Ellv;r"nmllnt"ISpfllOinlist EllyiummenmISefV'C.... 11H1/200~ 9:02;31 AM Approved By Date WilliamO.Lnffinz,Jr. P.E. ClImm"nitvO.......I"pmenf& Envi""n,,,..nt,,IS,,,v;c..~ EnvironmentnIStU"I/;c&sDir..ctor Env;r"nmentaIS"",;c\l'$ 1/1!i!2OC611:34AM AIIP"llVed By ... Con.<.tane" A. Jnhnso" Operatio".<.Analyst Commull;{V o..""l<>PIllII'1f & Community o..veiopm"nt & En";ronrncnt"IS,,rvic.e,. IOnvironm.",tal S..,,,ic"$ Admin. 11111!20ll24:29PM Approved By "". Sandralfla EucutiveSacretary Com...uniw 09Vi1lnpm'-'nt & Commllfllty o.."elopmilrrl & Environmental Sl'!rvkfl-" Enviroll""'nl~1 S..rv;lO.... Atlm;n. ln01200611;Z5AM Approved By "". Ail'!l(alldnlJ.Sul"cki CommunilyP"voolopm..nt& Environn",nt"ISl'!!v;ce,. SnniorEnvircnm..nt;IIS,",c;IIJ;"'1 Environm"nlaIS"",ic"" 1115l200nS,J6AM 0... Approved By JnsephK.Schmi\t C<lmmunilyO..""lop",,,nl& [ovirOtll....lllal S~tviG"s Community O'Nl!iopml'n1 &. tllv;mnm..rmoIS..,v;c"../l,tI",in"rralor Co"'mlloityOevelopnHlOt& Environ",..nt..l S",vi~e~ Admin li28!ZOOt; 9:12 AM Uarn Approved By OMBCoo,dinalor CUllntyM~mIQer'sOffic" Admillistmli",,/!'ssisl.nt OlhlO(!ofMall'!l'lllO.",t&6Ildg.t 1130i200ti4:Z5PM "",. ApprondBy Markl>;a&ks"" COUnly Manager's Officn Slldg..tAnalys;t OffieenIMIIBlIgnm"nt&BudllOlt 1I31!Z0068:53AM o.~ Approved By JamuV,Mudd B"a,tlnfCollnly Commission..", C"llnfvMa"a!lnf CoumyMlOnlOg",..sOffk.. 1I)112f,lOli4:17PM Agenda Item No. 16A8 February 14, 2006 Page 3 of 12 Conservation Collier McIntosh Property Interim Management Plan Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 December 2005 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosh Page 4 of 12 Interim Management Plan Table of Contents 1.0 Purpose and Scope of the Interim Management Plan.............................. 3 2.0 Management Auth(lrity and Responsibilities...................................... 3 3.0 Interim Site Plan.............. ...................... ............................ ...... 3 3.1 Location and Site Description.................. ......... ................... 3 3.2 Signage...................................................... ................... 4 3.3 Easements, Concessions or Leases .......................................... 4 3.4 Structures.............................................................. ......... 4 3.5 Surrounding and Adjacent Land Uses........................................ 4 4.0 Interim Management Objectives .................................................... 4 4.1 Natural Resource Protection.............. ...... ........... .................. 4 4.2 Site Security.................................................... ................ 5 4.3 Exotic Vegetation Removal and Maintenance Plan........................ 5 4.4 Debris Removal................................................................ 5 4.5 Cultural, Historical and Archaeological Resource Protection............ 5 4.6 Listed Species Protection...................................................... 5 4.7 Public Access.................................................................... 5 4.8 Site Monitoring and Long Term Management Plan................. ....... 6 4.9 Partnerships...................................................................... 6 5.0 Exhibits................................................................................... 7 EXHIBIT I: Location Map EXHIBIT 2: Aerial Map EXHIBIT 3: Estimated Cost Table EXHIBIT 4: Implementation Timeline EXHIBIT 5: Easements 2 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosh Page 5 of 12 Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan The McIntosh property was purchased by Collier County in October 2005 with funds from the Conservation Collier program. The property will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and its surrounding lands. This Interim Management Plan is intended to identifY the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a Final Management Plan, which will outline more specific aspects of site management. Kev Interim Management Obiectives I. Protect, manage and restore (as appropriate) the native habitat on site 2. Determine what actions will be necessary to open the site for public access 3. Explore opportunities for grant funding and partnerships 4. Meet with community members who have an interest in this property and obtain feedback for Final Management Plan Action Plan I a. Remove and manage invasive exotic vegetation I b. Assess the need for native vegetation restoration 2a. Install temporary Conservation Land signs along the Pine Ridge Road and Logan Blvd boundaries 2b. After initial exotic vegetation removal is complete, determine and begin the appropriate actions necessary for developing public access. 3a. Explore possible exotic vegetation removal grants from USFWS and FL DEP. 4a. Meet with members of the surrounding community for restoration and management plan input 2.0 Management Authority and Responsibilities The Collier County Environmental Services Department will be solely responsible for managing the Mcintosh property, but will seek to obtain grants, and utilize partnerships and volunteers for management activities. 3.0 Interim Site Plan 3.1 Location and Site Description The McIntosh property is within the urban boundary of Collier County and consists of two (2) parcels located at the NW corner of the intersection of Pine Ridge Road and Logan Blvd. in Section 16 Township 49 Range 26, in Collier County, Florida. The total acreage in these undeveloped parcels is 7.49 acres, out of which the Transportation Department has partnered with Conservation Collier to buy road easements in the amount of 1.80 acres, leaving a total of 5.69 acres for conservation. Very little native plant 3 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosh Page 6 of 12 Interim Management Plan community remains on this site, as the entire parcel is heavily infested with the prohibited exotic Melaleuca (Melaleuca quinquinerva). 3.2 Sign age Temporary signs identifying the property as Collier County conservation land will be posted along Logan Blvd and Pine Ridge Road. Temporary no trespassing signs will also be posted along these boundaries. 3.3 Easements, Concessions or Leases The Collier County Transportation Department has partnered with the Conservation Collier Program to purchase right-of-way easements along both Pine Ridge Road and Logan Blvd. No other easements, concessions or leases are proposed for the future, unless they further conservation objectives, sllch as a conservation easement. 3.4 Structures At one point it was thought a well existed on the property, however, a review of County records shows permit number 2002080720 issued in 2002 for well "test borings." There is no well or other type of structure on the property. 3.5 Surrounding and Adjacent Land Uses The Mcintosh parcel is surrounded by developed and undeveloped residential property (North Golden Gate Estates and Vineyards), with public roads directly adjacent on the east side (Logan Blvd.) and on the south side (Pine Ridge Road). 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existinl! Vel!etation: Ground Cover: Swamp fern (Blechnum serulatum), Giant hatpins (Eriocaulaceae sp.), Yellow-eyed grass (Xyris caroliniana), various wetland grasses and forbs and several species of terrestrial orchids, including Pine pink orchid (Bletia purpurea), Wild coco orchid, (Eulophia alta), and Cigar orchid (Cyrtopodium punctatum). Midstorv: Myrsine (Myrsine guianensis), Willow (Salix .Ip.), Buckthorn (Bumelia sp.) and the epiphytic orchids Threadroot orchid (Harrisella filiformis) and Butterfly orchid (Encyclia tampensis) Canonv: Cypress (Taxodium distichum) and Slash pine (Pinus elliotti) heavily invaded by the invasive exotic Melaleuca (Melaleuca quinquinerva) Unique Natural Features: The site contains several listed bromeliad and orchid species. 4 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntoshP8ge 7 of 12 Interim Management Plan Possible Listed Species: No listed species have been observed on the site, however, once cleared of invasive exotic vegetation, the habitat and location may support the presence of listed wading birds. Exotic Vel!etation: Invasive exotic plant species observed include:, Melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius),Downy rosemyrtle (Rhodomyrtus tomentosus, Earleaf acacia (Acacia auriculiformis), Java plum (Syzygium cumini),and Air potato (Dioscorea bulbifera) 4.2 Site Security There is currently no known site security issue associated with the Mcintosh property. Once initial exotic vegetation removal has been completed, potential site security issues wi II be assessed. 4.3 Exotic Vegetation Removal and Maintenance Plan The Collier County Environmental Services Department will hire contractors to treat the exotic vegetation on the site. Staff will seek assistance from surrounding community for potential volunteers to supplement contracted exotic maintenance. 4.4 Debris Removal Currently, staff is not aware of any large trash items existing on the property. 4.5 Cultural, Historical and Archeological Resource Protection The Mcintosh property is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property. The C(lunty will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are discovered. If such resources are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeol(lgical and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 4.6 Listed Species Protection Staff will evaluate needs for protection 4.7 Public Access Public access will be restricted until a trail can be established; however, staff shall work with the surrounding neighbors to develop appropriate public access. 5 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosh Page 8 of 12 Interim Management Plan 4.8 Site Monitoring and Long Term Management Plan Monitoring of the site shall consist of invasive exotic vegetation re-treatment and listed species population surveying. The Environmental Services Department shall be responsible for property maintenance with tasks contracted out as necessary and management partnership sought with the surrounding community. The site will be monitored for exotic vegetation re-growth semi-annually for two years following initial treatment. After two years, exotic vegetation will be monitored on a yearly basis. Staff will work with the Logan Woods/Santa Barbara Community Association, Golden Gate Area Civic Association and the Golden Gate Estates Area Civic Association to coordinate any volunteer efforts in this regard. 4.9 Partnerships Staff will seek out and evaluate potential for other types of partnerships for conservation, protection, educational, and funding opportunities. Staff will explore possible grants for invasive exotic vegetation removal including: USFWS South Florida Coastal Ecosystems Program, USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative Agreement Modification would be required) and FLDEP Bureau of Invasive Plant Management Working Group Program. 6 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosh Page 9 of 12 Interim Management Plan 5.0 Exhibits EXHIBIT 1: Location Map Conservation Collier Mcintosh Trust Location Map PINE RIDGE RD EXT confer County W+I' Legend - Mcintosh Trust - Collier County Roads OWNER rz::J Ross W Mcintosh Truste , o 62.5 , 125 I 250 Feet Folio Numbers: 38391000008 38391080002 Dab Source: Pareels . Collier County ProlMt'ty Appf8lser C~ted By: GIS I CDES I Envtron_ntJIl Servic.. G:\Conaervatlon Collier 2002\ 18CR\Mclnt~\Melnto.h1.mxd G:\Conservatlon Colli... 2002\ ISCR\MclntoshIMclntosh1.JPI Datr.9.01.03 7 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosffage 10 of 12 Interim Management Plan EXHIBIT 2: Aerial Map Conservation Collier Mcintosh Trust Aerial Map Legend - Mcintosh Trust wt-' , - Collier County Roads DOther OWNER Ross W Mcintosh Truste o 200 400 I 800 Feet Datil Source: P.rcela. Collier COllnty Property AppI'8lser C,..t.d Byl GIS I COES / Envlronmenta' Servlc_ G:\Conservatlon Collier 2002\ ISCRIMc:lnto..lMelntollb1.mxd G:IC__tion CoUl.r20021 ISCRIMclntollh\Mc:lnton1.jpg D.t~..OIl.03 * Co.'lll'rCOImty Folio Numbers: 38391000008 38391080002 8 November 2005 Agenda Item No. 16A8 February 14, 2006 Conservation Collier McIntosRage 11 of 12 Interim Management Plan EXHIBIT 3: Estimated C(lst Table Management Element Initial Cost Annual Comments Recurring Costs Exotics Control $35,000 $630 to $2,800 Exotic removal done with machinery (at the lower end of the cost range) would severely damage remaining native plants. Parking Facility $15,000 t.b.d Maintenance costs unknown at this time Access Trails $13,000 t.b.d. Inclndes cost of ADA compliant section Fencing $7,500 t.b.d. 1,000 feet - Split rail - if desired Signs $1,200 n/a 2 signs with installation done by county staff- $600 each Table, benches, trash $3,500 n/a Recycled plastic can Trash Removal t.b.d. t.b.d t.b.d. Total $75,200 t.b.d 9 Agenda Item No. 16A8 February 14, 2006 Page 12 of 12 EXHIBIT 4: Estimated Implementation Time Line N D J F M A M J J A S 0 N D J F M A M J J A S 0 N 0 E A E A P A U U U E C 0 E A E A P A lJ lJ U E C 0 V C N B R R Y N L G P T V C N B R R Y N L G P T V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5 6 6 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 7 7 7 Explore exotic X X X vegetation grants (deadlines in April 2006) Determine what X X X actions necessary to open site for public use and develop timcline for ooening Install signs X Initial exotic X X vegetation removal (Sept 06 dates reflect grant timetable) Work with Santa X X X X X X X Barbara Logan Woods Community Association for possible volunteer oartnershio Completion of final X management plan Agenda Item No. 16A9 February 14, 2006 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to authorize the County Manager, or his designee, to submit a Florida Humanities Council (FHC) mini-grant proposal to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve for $5,002 (of which $2,000 will be reimbnrsable). OBJECTIVE: To have the Board of County Commissioners (BCC) authorize the C(lunty Manager, or his designee, to submit an FHC grant proposal t(l fund an interpretive trail project at the Conservation Collier Otter Mound Preserve. CONSIDERATIONS: The FHC uses the disciplines of the humanities to develop public programs and resources that explore Florida's history, literary and artistic traditions, cultural values and ethics. Mini-grant projects can fall within any Humanities discipline, but must result in a public program for the adult general public. Funding of the Otter Mound Preserve Interpretive Trail supports Conservation Collier's program objectives for providing public access and educational activities on Conservation Collier lands. If the grant is received, a formal agreement between the BCC and the FHC will be needed before the project can proceed. Once an agreement is finalized, stafT will return to the BCC for formal acceptance of the grant award and execution of the agrecment. FISCAL IMPACT: The total cost of the project is $5,002. FHC funds, in thc amount of $2,000, would be put towards the purchase of the three interpretive signs. Collier County is also currently seeking $2,501 in Historical Resources Grant funds for this project from the Florida Division of Historical Resources (November 29, 2005, BCC Agenda Item #16A3). Collier County will be fiscally responsible for either $501 (lr $3,002 in cash match, depending on the outcome of the Historical Resources Grant Application. This County cash match is available within the FY06 Conservation Collier Land Management Budget. The appropriate budget amendment to establish the grant project will be presented at the time the BCC formally accepts the grant. GROWTH MANAGEMENT IMPACT: This proposal supports Goal II of the Conservation and Coastal Management Elemcnt of the County Growth Management Plan, which requires the County to provide f(lr the protcction, preservation, and sensitive re-use of historic resources. LEGAL CONSIDERA nONS: Approval of this grant application submittal conforms to the County's Grant Coordination procedures. RECOMMENDATION: Recommend that the Board of County Commissioners authorize the County Manager, or his designee, to submit the attached FHC grant proposal. ,- Prepared by: Melissa Hennig, Environmental Specialist, Environmental Services Department Agenda Item No. 16A9 February 14, 2006 Page 2 of 15 FHC MINI GRANT APPLICATION COVER SHEET Sponsoring Organization: Name Collier County Board of County Commissioners Address 330 I Tamiami Trail City Naples Zip 34112 Federal J.D. Number 59-6000558 Congressional District in which the organization is located # 14 Head of Organization: Name Frank Halas Title Chairman. Collier County Board of County Commissioners Project Title: Otter Mound Preserve Interpretive Trai I Proiect Project Director: Name Melissa Hennig Address 2800 North Horseshoe Drive City Naples Zip 34104 Email address MelissaHenniglalcolliergov.net Phone (239) 213-2957 Humanities Scholar: Name Robert S. Carr Address Davie Professional Plaza. 4800 SW 64th Ave., Suite 107 City Davie Zip 33314 Email addressarchlgc1lalbellsouth.net Phone (954) 792-9776 Organizational affiliation Archaeological and Historical Conservancy. Inc. Florida Humanities Council 599 2nd Street South, St. Petersburg, FL 33701 Phone 727-873-2011 Fax 727-873-2014 E-Mail: slockwood@f1ahum.org Website: www.f1ahum.org Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application - :Jllll!je 3 of 15 OTTER MOUND PRESERVE INTERPRETIVE TRAIL PROJECT Site Description: The Otter Mound Preserve lies in the south-central portion of the Caxambas Point Shell Midden (8CR I 07) on the southwestern end of Marco Island in Collier County, Florida. The 1.78 acre site contains undisturbed shell midden features (c. 750-1200 AD), historic ornamental Busycon shell terraces constructed during the 1930s and 1940s by former resident Ernest Otter, and an historic outhouse - probably one of the last of its kind in South Florida. Project Description: If received, funds from the Florida Humanities Council ($2,000) will be used to create three 30" X 42" UV and graffiti resistant interpretive signs that will be installed along the Otter Mound Preserve trail. One sign will pertain to the history of Otter Mound Preserve, one sign will pertain to the history of the Marco Island Caxambas Point Community and Southwest Florida pioneers, and the final sign will pertain to the pre- Columbian people who inhabited Marco Island and Southwest Florida. The Florida Humanities Council will be credited on all interpretive signage. The project also involves the creation of a simple post and rope fence along both sides of the trail. Because the preserve will not be staffed, the fence will serve to protect the sensitive features of the site by encouraging unsupervised visitors to remain on the trail. The preserve is tentatively scheduled to open to the public in February 2007, once acceptable parking and trail facilities are in place. A grand opening will take place at that time. The scholars involved with the project, Southwest Florida Archaeological Society members, Marco Island Historical Society members, Collier County Commissioners, Marco Island City Council members and the general public will all be invited to the opening. The scholars will lead the group on the first official tour of the Otter Mound Preserve Interpretive Trail. Project Time Frame: The project should take approximately nine months to complete once funding is secured. SIGNAGE I. Text and graphics compilation - 4 to 5 months 2. Design and creation - 2 to 3 months 3. Installation - I day TRAIL FENCE Post and rope purchase and installation - I week Project Need: The shell terraces that are very distinct features of the site are often mistaken by both tourists and residents as structures that were constructed entirely by the Calusa or some other group of early Native Americans. Educational signage will ensure that the history of Otter Mound Preserve is displayed to all visitors so that inaccurate conclusions are no longer drawn regarding the characteristics of the site and its past inhabitants. 2 Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Orant Application - J{lllge 4 of 15 Because Otter Mound will be a passive preserve when it is open to the public, it IS important to create an interpretive trail that can educate unsupervised visitors. Humanities Focus: History and Archaeology Humanities Scholars: Robert Carr and John Beriault with the Archaeological and Historical Conservancy, Inc. (AHC) will provide guidance for trail and sign placement and will provide historical information and final text editing for the interpretive signs. In June 2005, Mr. Beriault provided archae(llogical monitoring assistance during invasive exotic vegetation removal at the site. He will again provide archaeological monitoring assistance during the installation of the fence and signs, which will disturb small sections of the shell midden substrate. In addition, Ron Jamro with the Collier County Museum will also provide historical information and final text editing for the interpretive signs. AIth(lugh three scholars will be assisting with the development of the interpretive trail, Robert Carr will be the lead scholar providing oversight for all aspects of this project. Target Audience: The target audience for the interpretive trail is local residents, tourists and seasonal visit(lrs, the majority of whom are older adults. L(lcal trolley t(lurs currently drive visitors past the preserve, and Marco Island Historical Society volunteers have expressed interest in offering free guided tours at the site (lnce it is open to the public. The preserve and its trail will also be advertised on the Collier County and Marco Island Historical Society websites. Although the general public has not been involved with the planning of this project, members of the Marco Island Historical Society and the Southwest Florida Archaeological Society have. They have made suggestions pertaining to the total number of signs and the topic of each sign. Their input will also be sought f(lr local historical photos and information. Three public parking spaces and a sidewalk will be created within the right of way of Addison Court, which is adjacent to Otter Mound Preserve. One of the parking spaces and the sidewalk will be built to meet the Americans with Disabilities Act specifications. At least one of the three interpretive signs will be installed along the sidewalk that will meander in front of a portion of the shell terracing. Although these proposed access alterations are not a part of this grant proposal, they are a part of the overall public access plan for the Preserve and will make it accessible to a wider audience. Sponsoring Organization's Contribution: The total cost (lf the project is $5,002. Florida Humanities Council funds, in the amount of $2,000, would be put towards the purchase of the three interpretive signs. Collier County is currently seeking $2,50 I in Historical Resources Grant funds for this project from the Florida Division of Historical Resources. Collier County will contribute either $50 I or $3,002 in cash match, depending on the outcome of the Historical Resources Grant Application. 3 Agenda Item No. 15A9 February 14, 2006 Collier County FHC Mini Grant Application - JllGge 5 of 15 OTTER MOUND PRESERVE INTERPRETIVE TRAIL PROJECT BUDGET BUDGET ITEMS GRANT MATCHING SUB-TOTAL FUNDS FUNDS Interpretive signs (3 - 30" X 42") + shinllinn $2,000 $2,627 $4,627 Rone for fence 1760 feen $150 $150 Metal fence posts (100) $225 $225 TOTALS $2,000 $3.002 $5.002 4 Agenda Item No. 16/\9 February 14, 2006 Collier County FHC Mini Grant Application - JBfige 6 of 15 OTTER MOUND PRESERVE INTERPRETIVE TRAIL PROJECT LEAD SCHOLAR Robert S. Carr 4800 Davie Road, Suite # 107 Davie, FI. 33314 (954) 792-9776 Education: FI(lrida State University. Tallahassee, Florida. M.S. Degree in Anthropology August 1976 Florida State University. Tallahassee, Florida. B.A. Degree in Anthropology August 1972 University of Miami. Coral Gables, Florida. Course Work September 1970-June 1971 Miami-Dade Junior College. Miami, Florida. A.A. Degree June 1968 Miami Senior High School. Miami, Florida. Graduated - June 1965 Professional Experience: 1999 to Present Executive Director (Full Time) Archaeo logical and Historical Conservancy, Inc. 1996 to 1999 Director Dade County Historic Preservation Division April 1994 to October 1995 Acting Director Dade County Division of Historic Preservation August 1978 to 1999 Dade County Archaeologist Dade County Division of Historic Preservation 1980 to 1981 Florida Archaeological Council, President 1980 to 1983 Editor, The Florida Anthropologist 5 March 1977 June 1973 to August 1976 Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application - :Jllfige 7 of 15 Archaeologist with U.S. Park Service, Southeast Archaeological Center, Tallahassee, Florida. Contract Archaeologist with Florida's Division of Archives History and Records Management, Tallahassee, Florida. Major Investigation/Projects (Principal Investigator): 1999 (8DA 12) to 2003 2000 to 200 I 1985 to 1986 1991 to 2002 2000 to 2001 1985 to 1991 1979 to 1981 ]974 Archaeological assessment and data analysis of Miami Circle Archaeological investigation ofOkeechobee Battlefield. Boundary revisions for National Landmark designation. Ortona Canal and Earthworks, Glades County Long Lakes (Broward County) archaeological investigations Archaeological Survey of Broward County Archaeol(lgical Survey of Miami-Dade County Archaeological Survey (lf Lake Okeechobee Professional Reports and Publications: 1974a 1974b I 974c A Preliminary Investigation of Several Revolutionary War Military Sites in Florida. Divisi(ln of Archives, History and Records Management, Bureau of Historic Sites and Properties. Miscellaneous Project Report Series No. 16, Tallahassee, Florida. "Aerial Photos Aid Archae(llogists", Popular Archaeology, Vol. 3, No. 6-7, p. 45. An Archaeological and Historical Survey of Lake Okeechobee. Division of Archives, History and Records Management, Bureau of Historic Sites and Properties. Miscellaneous Project Report Series No. 22, Tallahassee, Florida. 6 1975a 1975b 1978a 1978b 1980a 1980b 1981a 1981b 1981c 198Id 1982a 1982b Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application - Jllllge 8 of 15 An Archaeological and Historical Survey ofthe City of Apalachicola. Report on file with Division of Archives, History and Records Management, Tallahassee, Florida. Excavations at the Arch Creek site (8DA23), Dade County, Florida. Report on file with Divisi(ln of Archives, History and Records Management, Tallahassee, Florida. Historic, Architectural and Archaeological Survey of Orlando Florida. Division of Archives, History and Records Management, Bureau of Historic Sites and Properties. Miscellaneous Project Report Series No. 43. (Co-author). An Archaeol(lgical Survey of the Big Cypress National Preserve, Preliminary Report. National Park Service, Southeastern Archaeological Center, Tallahassee Florida. (Co-author). An Archaeological Survey of the Near Northwest Redevelopment Area, Ft. Lauderdale, Broward County, Florida. Strombus Celt Caches in S.E. Florida. The Florida Anthropologist, 33:66-74 (Co-author/Senior Author). The Archaeol(lgical Salvage of the Bay West Site, Collier County, Florida. The Florida Anthropologist. 34(2):39-58 (Co-author). The Brickell Store and Seminole Indian Trade. The Florida Anthropologist. 34: 180-199. Dade County Historic Survey Final Report: The Archaeological Survey. Historic Preservation Division. Metro-Dade Office of Community and Economic Development. An Archaeological Survey of the New River, Broward County, Florida. In Broward County Comprehensive Survey Phase 1. A Stone "Pendant" From Key Largo. The Florida Anthropologist. 35:115-117. An Effigy Ceramic Bottle From Green Turtle Cay Abaco. The Florida Anthropologist. 35:200-202. (Co-author/Senior Author). 7 1984 1988 1990 1991a 1991b 1992 1993a 1993b 1993c 1993d I 994a Agenda Item No. 16A9 February 14. 2006 Collier County FHC Mini Grant Application - :Jellge 9 of 15 Prehistoric Man in Southern Florida. In Environments of South Florida - Present and Past. Edited by Patrick Gleason. Memoir 2 (revised). Miami Geological Society. (Co-author/Senior author). Carr, Robert S., David Allerton and Ivan Rodriquez An Assessment of the Archaeological and Historic Resources of the Florida Keys, Monroe County, Florida. AHC Technical Report #4. Carr, Robert S. and Patricia Fay An Archaeological Survey of the Lower Keys, Monroe County, Florida. AHC Technical Report #19. Carr, Robert S. and Debra Sandler Archaeological Salvage Excavations of the Taylor Creek Midden, Okeechobee County, Florida. AHC Technical Report #35. Carr, Robert S. An Archaeological Survey of Broward County, Florida: Phase I. AHC Technical Report #34. Carr, Robert S., Debra Sandler and Amy Felmley An Archaeological Survey and Assessment of the Westridge Property, Broward County, Florida. AHC Technical Report #48. Carr, Robert S., Kim Heinz, Don Mattucci and W.S. Steele An Archaeological Survey of Northeast Broward County, Florida: Phase II. AHC Technical Report #67. Carr, Robert S., and W.S. Steele An Archaeological Assessment of the Hutchinson Island Site (8MT37), Martin County, Florida. AHC Technical Report #68. Carr, Robert S., and W.S. Steele Seminole Heritage Survey, Seminole Sites of Florida. AHC Technical Report #74. Carr, Robert S., and Richard Haiduven An Archaeological Salvage Excavation at the Stock Island Site, 8M02, Monroe County. AHC Technical Report #66. Carr, Robert S., W.S. Steele, James Pepe and Linda Jester An Archaeol(lgical Assessment and Survey of Riverbend Park, Palm Beach County, Florida. AHC Technical Report #106. 8 1994b 1994c 1995a 1995b 1995c 1995d 1995e 1995f 1995g 1995h 1995i Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application -~g(j 10 of 15 Carr, Robert S., Richard Haiduven, Joe Davis, and Jorge Zamanillo A Post-Hurricane Archaeological Survey and Assessment of Bill Baggs State Park, Key Biscayne, Dade County, Florida. AHC Technical Report #91. Carr, Robert S. and W.S. Steele An Archaeological Assessment of Tony's Mound and the Hilliard Brothers Site, Hendry County, Florida. AHC Technical Report #85. Carr, Robert S., James Pepe, W.S. Steele and Linda Jester Archaeological Survey of Martin County, Florida. AHC Technical Report #124. Carr, Robert S., Linda Jester and James Pepe Phase II Archaeological Excavations of the Riverbend #12 Site, 8PB7984, Palm Beach County, Florida. AHC Technical Report 11112. Carr, Robert S., W .S. Steele and Joe Davis Archaeological Assessment and Survey of the Rowland Tract, Okeechobee C(lunty, Florida. AHC Technical Report 11114. Carr, Robert S., Jorge Zamanillo and W.S. Steele A Phase I Archaeo logical Survey and Assessment of the Gulf Coast University Property, Lee County, Florida. AHC Technical Report If 115. Carr, Robert S. and W.S. Steele An Archaeological Survey of Brighton Seminole Reservation, Glades County, Florida. AHC Technical Report #116. Carr, Robert S., Jorge Zamanillo and W.S. Steele An Archaeological Survey (lf Southeast Broward C(lunty, Broward County, Florida. AHC Technical Report #117. Carr, Robert S., Donald Mattucci, and Mary Derbish An Archaeological Survey of Water Utility Trenching (ln Chokoloskee Island, Collier County Florida. AHC Technical Report #118. Carr, Robert S. and Mary Derbish An Archaeological and Historical Survey of the Squirrel Island, Glades County, Florida. AHC Technical Report #119. Carr, Robert S. and W.S. Steele An Archaeological Survey and Assessment of the Miramar Park Property, Broward County, Florida. AHC Technical Report #123. 9 I 995j 1995k 19951 1995m 1995n 19950 1996a 1996b 1996c 1996d 1996e Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application -~g9 11 of 15 Carr, Robert S., James Pepe, W.S. Steele, and Linda Jester An Archaeological Survey of Martin County, Florida. ARC Technical Report #124. Carr, Robert S. and W.S. Steele An Archaeological Survey of the Arvida Preservation Area, Broward County, Florida. ARC Technical Report #125. Carr, Robert S. and W.S. Steele An Archaeological Report of the Bonita Bay Purchase, Lee County, Florida. ARC Technical Report #127. Carr, Robert S. and W.S. Steele An Archaeological Assessment of the Sunrise Lutheran Church Parcel, Brevard County, Florida. ARC Technical Report #128. Carr, Robert S., Scott Lewis, Joe Davis, and Kim Heinz An Archaeological Survey of the ISTEA Lake Okeechobee Ridge Parcel, Martin County, Florida. ARC Technical Report #131. Carr, Robert S. and James Pepe Archaeological and Historical Elements for the Management of Riverbend Park, Palm Beach County, Florida. ARC Technical Report #133. Carr, Robert S., Joe Davis, Anne McCudden, and W.S. Steele Archaeological Survey and Assessment of North 29 and Nautica Parcels, Broward County, Florida. ARC Technical Report #135. Carr, Robert S. and James Pepe Archaeological Survey of the Country Lakes D.R.I., Broward County, Florida. ARC Technical Report #136. Carr, Robert S. and James Pepe Interim Report on the Archaeological Monitoring of Indiantown Road Widening, Martin County, Florida. ARC Technical Report #136. Carr, Robert S. Archaeological and Historical Elements for the Management of Snake Warriors Island, Broward County, Florida. ARC Technical Report #139. Carr, Robert S. and James Pepe Interim Report (ln the Archaeological Monitoring oflndiantown Road Widening, Palm Beach County, Florida. ARC Technical Report #141. ]0 1996f 1996g 1996h 1996i 1996j I 996k 19961 J996m 1996n 19960 I 996p Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application -F.W!je 12 of 15 Carr, Robert S., Simon Daniels, Joe Davis, W.S. Steele, and Jorge Zamanillo Archaeological and Historical Assessment of the Everglades Storm water Treatment Areas, Palm Beach County, Florida. AHC Technical Report #145. Carr, Robert S., W.S. Steele, and Simon Daniels Archaeological Survey of the Imagination Farms Parcel, Broward County, Florida. AHC Technical Report #146. Carr, Robert S., Anne McCudden, and W.S. Steele An Archaeological Report on the Bonita D.C.1. Parcel, Lee County, Florida. AHC Technical Report #147. Carr, Robert S. Archaeological and Historical Elements for the Management of the Pine Island Ridge, Broward County, Florida. AHC Technical Report #149. Carr, Robert S., and W.S. Steele Archaeological Reconnaissance Survey of Atsena Otie, Levy County, Florida. AHC Technical Report #151. Carr, Robert S., Anne McCudden, and W.S. Steele An Archaeological Survey and Assessment of 8HN25 and the Jackman Ranch Parcel, Hendry County, Florida. AHC Technical Report #152. Carr, Robert S. and Dan Hughes Archaeological Assessment of the Estero Bay Park Property, Lee County, Florida. AHC Technical Report #154. Carr, Robert S. and W.S. Steele Archaeological Survey of Flamingo Road ESL, Broward County, Florida. AHC Technical Report #156. Carr, Robert S., Anne McCudden, and W.S. Steele Archaeological Survey and Assessment ofthe Gulfstream Property, Broward County, Florida. AHC Technical Report #157. Carr, Robert S., Anne McCudden, and W.S. Steele An Archaeological Survey and Assessment of the Big Sky North Parcel, Broward County, Florida. AHC Technical Report #159. Carr, Robert S. An Archaeological Management Plan for the Holatee Site, 8BD I 04, Broward County, Florida. AHC Technical Report #162. II I 996q 1996r I 996s 1997a 1997b 1997c 1997d 1997e 1997f 1998a 1998b Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application -~@6 13 of 15 Carr, Robert S. An Archaeological Assessment of Wolf Creek Ranch, Brevard County, Florida. AHC Technical Report #163. Carr, Robert S. and Jim Pepe A Phase II Archaeological Survey of the Jupiter Parcel, Palm Beach County, Florida. AHC Technicai Report #168. Carr, Robert S. and Jim Pepe An Archaeological and Historical Assessment of the Hatcher Parcel Project Area, Palm Beach County, Florida. AHC Technical Report #171. Carr, Robert S., Jorge Zamanillo, and James Pepe Archaeological Mitigation ofa Segment of the Ortona Canal, 8GL4, Glades County, Florida. AHC Technical Report #175. Carr, Robert S., Jorge Zamanillo, James Pepe, Anne McCudden, and W.S. Steele Archaeological Investigations and Monitoring at 8GL82, Glades County, Florida. AHC Technical Report #179. Carr, Robert S. and W.S. Steele An Archaeological Survey of the Sunrise Parcel, Broward County, Florida. AHC Technical Report #184. Carr, Robert S. An Archaeo logical and Historical Assessment of the Morris Parcel, Chokoloskee Island, Collier County, Florida. AHC Technical Report #188 Carr, Robert S. An Archaeological Assessment of the Pine Ridge Road Parcel, Collier County, Florida. AHC Technical Report #192. Carr, Robert S., Mark Duda, and Don Mattucci An Archaeological Survey of the Arden Courts/Manor Care Parcel, Broward County, Florida. AHC Technical Report #201. Carr, Robert S. and W.S. Steele A Phase I Archaeological Assessment of the Turtle Run/Woodmont ESL Tracts, Broward County, Florida. AHC Technical Report #205. Carr, Robert S. An Archaeological Assessment of the Countyline Corporate Center, Broward County, Florida. AHC Technical Report #206. 12 1998c 1998d 1998e 1998f 1998g Agenda Item No. 16A9 February 14, 2006 Collier County FHC Mini Grant Application -FUl@a 14 of 15 Carr, Robert S. An Archaeological and Historical Assessment of the Pines Central Park Parcel, Broward County, Florida. AHC Technical Report #208. Carr, Robert S. An Archaeological Assessment of the Rolling Hills Golf Course, Broward County, Florida. AHC Technical Report #212. Carr, Robert S., Jim Pepe and Christopher Eck A Phase II Archaeological of Martin County, Florida. AHC Technical Report #213. Carr, Robert S., Daniel Gregory An Archaeological Survey of the Sunrise Parcel, Broward County, Florida. AHC Technical Report #214. Carr, Robert S. and Jorge Zamanillo An Archaeological and Historical Assessment of the Sunrise Lakes Parcel, Broward County, Florida. AHC Technical Report #215. Professional Affiliations: Society for American Archaeology Society for Historic Archaeology Florida Anthropological Society South Florida Historical Association Florida Archaeological Council 13 IlemNumber: Item Summary: MeelingOale: Aql:lnlia Item No. leA9 - February14,2D@ Pilge 150115 COLLIER COUNTY !:lOARO OF COUNTY COMMISSIONERS 16A9 Recommendation to authorize the CO,lnly Manager. Or hiS ~e~ignee, to si.lbmi~ a Florida Hurnan:tle.Counciimlni-granlprnposallo'u"danimerpretivetrailprojectatthe Con,~er\'a('on ColiierOtll!1 Mound Pre,e,ve for $5,002 (oiwn,ch S2,QOO will be reimbursable) 2114/20069 OQ 00 AM 0.. Pr~IJared By Meli,sa...."";g C01'llOn"nityO"velt>pnlllnl& En"i'''''m''"f;tIS",...i~''$ E;rllli'''n'''''nlaISpe~,~hl E,,,,i'''nll,enlaISeIVlc,,. 1I26!2011G2:59;)8PM ~"' AI'I"'o~ed By SAmi,aLila EJlgcul,,,"Secrelmy 1111i121105J:HPM Allllro~ed By C",mm""ily DeveIOp""1l11 & Cl>lTlmunily [WvfllQpment & EnY;'Onfl'li!nlaIS"rvi""" El1vlfonrnenbIS...",iee"Admm. Marlene J. fot>rU Admi"i,'lrativ~5"'vlces GramsCoord,natn, Oat.. Adrni"i~tmli~e S.,rvk~. Admin. 1/26/20M 3:55 f'M D.re App,'oved By Will",mO. LOflilll.J,.. P.E. Cllmmllnrtyo..vo,I"JlmMl& E,wiro"m""I"IS""Jk.,. E"v"'>nm"nt"IS""'i~"sD"..ctor [nvilonmentaIS.......".." 112&120OG 5;34 f'M Appro~ed By Date C<>n.tan~e A. Johns"n Of'''rah<>lI~ An"ly"' Community o..wl"",nent &. C"",n,,,,,ity O..vel<>pment &. Environmllntal SNVIc"S E.nvl",,,,,,,,,,,al S.""jc".~ Adm;"'. 1!3tlJ2t>M~:15AM Approvrd By Oal" Jo-,nphK.Schm;1t CoIfHn"rllty(l"""I"p",.",1& E"vi"'"m"m"IServi~..s C""'''''''';IY[il'vPiop","nt& Ellv;ronm"m~IS..ryi<:MAdmi,,"!ral\l' Communilyo..v"lopm"nl& En"ltO"'''''''l<11 Serv;~"" I\dm",. 1I30!200a5:0Sf'M Apl','oved By 0... OMBC""t'hnah>r c",,,,,ty Manager'., Qff",c Admin;~lmli'leA"si"t.,,1 OIfi<;co>fMaM,!"I11<'1I1&6"dqflt 1131/20061,37f'M Oat<: Apprllved By Mali< I~~ok"o" Cou....y Mall~llllr's Offi~e Budget Analyst Otfic"ofManaqfl"",nlll.8"dllet 2:1/200& 9:45 II.M "'" Appro~cd By L"",LOohs.J, Boa,dofCmmty C"mmi"~lOnN~ OeputyCnuIl,yMallag'" Cm.mlyM"naq.,,'sOfl,ce Zl3120tl611;OSAM Agenda Item No. 16A10 February 14,2006 Page 1 of 41 EXECUTIVE SUMMARY Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to a change in ownership and the subsequent recording of new deferral agreements in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) (lf the Collier Connty Code of Laws and Ordinances. OBJECTIVE: That the Board of County Commissioners (BCC) approve the Satisfactions of Lien, related to impact fees, for two individual properties due to a change in ownership and the subsequent recording of new deferral agreements in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74- 201 (g) of the Collier County Code of Laws and Ordinances (Code). CONSIDERATIONS: The Immokalee Residential Impact Fee Deferral Program, which was adopted by the Board of County Commissioners on November 18, 2003, as an amendment to the Collier County Consolidated Impact Fee Ordinance (CIFO), which is codified as Chapter 74 ofthe Code, provides impact fee deferrals to qualified applicants within the boundaries of the Immokalee Community Redevelopment Area. Habitat for Humanity of Collier County is an active participant in this program and as such has worked with County staff to execute deferral agreements with qualified applicants that will be owners of new Habitat homes. However, all of the program requirements as well as the specific requirements of Habitat for Humanity must be met in order for the applicant to become the full owner of the subject property. In the event that the obligations are not met, Habitat for Humanity will match a new applicant with thc subject home, thereby triggering the need for a satisfaction of the original lien, for the amount of the deferred impact fees, in order to facilitate the recording of a new lien reflecting the new owner. This Executive Summary recommends the Satisfactions (lf Lien for two properties because the original applicants for the Immokalee Residential Impact Fee Deferral Program did not meet the Habitat for Humanity requirements rclated to work hours that must be completed to maintain eligibility for housing (lwnership. The properties are as follows: ADDRESS AMOUNT 1204 Allegiance Way $7,750.34 1225 Allegiance Way $7,027.34 Habitat for Humanity has already identified qualified partIcIpants for the subject properties and upon satisfaction of the original lien, a new deferral and lien will be recorded to replace the first. ~_.~ Satisfaction of Lien - Habitat Page 2 Agenda Item No. 16A10 February 14, 2006 Page 2 of 41 FISCAL IMPACT: The original deferral agreement and lien that stood in place of the payment of impact fees will be replaced in their entirety by a new deferral agreement which will be executed upon satisfaction of the original lien. All other fees and costs related to the satisfaction of the lien and recording costs will be paid from the Operating Budget of the Impact Fee Section within Fund 131 by revenue collected through application fees for the Imm(lkalee Residential Deferral Program. The purpose of the application fee is to pay all related costs of administering the program. Therefore, there is no fiscal impact related to this request. GROWTH MANAGEMENT IMPACT: This request has no impact on the County's Growth Management Plan. LEGAL CONSIDERATIONS: The Satisfactions of Lien have been reviewed and approved by the County Attorney's Office. RECOMMENDA nON: That the Board of C(lunty Commissioners (BCC) approve the Satisfactions of Lien, related to impact fees, for tW(l individual properties due to a change in ownership and the subsequent rccording of new deferral agreements in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74- of the Collier County Code of Laws and Ordinances (C(lde). Prepared by: Amy Patterson, Impact Fcc/Economic Development Manager Operations Support and HousinglCDES IlemNumber: IlemSummal'Y" Meeting Date: Agendallarn ~Jn 16A10 Fetlruary 14.2006 Paga3of41 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS !!>AiD RecommendalionloapprovatwoimpaclfeeSalim'actioflsclLienfcrtwoindividueloroperties due to a cnanga in ownarship and the subsequeflt recording 01 new dMa rralagraamantsin accordance w~h tn!l Immoka:ee Re~ldel\tlal impacll'ea Di'lerral Program, as set fonh by Seetlell 74-2:11 (9) Of 1M ColliN County Cnd~ or Laws ana OroiflancllS 2/14/20069 {J{J 00 AM 100paclr"" Man.",." D.w I'..."parrd By AmyPatt...""" Community D"volopmenl & E.mr;r"",nt!ntiitServic"$ F;l'Iaociai Admill_& H"using 1IZ1IZ01l611,4lt;14AM Assi.st.ntC'>lmtyAtlom~y ". Apl,,'oved By Jmfj(latz~t.>.... Cou"tyAtttlr....y C"u"lyAItD,"~yOllic" '1127IZ00011:511AM "',. API"'ov,,d By S"ndl1l Laa Ex~~uti\oft S..~ret.ry Approved By Commu"ily o..v~I"I"n~nt & Commll"ity D.....'ltlpm''''l &. "-nv;mnn,,,,,tal Stl,vic<!~ UWilO"rn..nt;l1 aft'Vlc".' Admi". 1!:t71200G t:14PM C,,,,_..tanc<! A. Jolmsl:>n Op"'"IIDn~Analysl [~.. Approved By C<lmmunlly o..v..I"J"n"lll & Camn,u",ty Dnelop""",1 &. <:n",",on"'nt..1 s..rdc..~ EnviNflll"'nlal S...vic..~ Admin, 1/~012tiOG 1:51 PM p""fO,,e,.kor Cnmmunilyo..v..lup",,,ni& Eo"irDnm""IIlIS..,,,in'~ Fi,,,,,,d,,t Adm,n & H",,~in~ Um,r-Ior nal., fi"anci.IAdmi".&'Ho"slng 113112006tt;;3AM App....ved By L12w Jos..phKS.;:hll1ilt Canm"'nityD"vclo"",,,,,I& El1vi.""'n"nt~1 Se-rvice-s C"'''",unityDev<!i"pm""l& "nvironmenlal :S~rv;ce-s Admin~lrott>' Cummu"ilyo.-...Jopm"nl& E"vir""'m..nl"IS"rvi=~A<i""n. W1IlQjl61Z:27PM AdmininrohwA$$i'OH,nl D.. Appro.'ed By OMaC""I<i(n",,,r Cou"tyMxnxgt!T'"O!lic" OIlic,"oIMxox"..n""'I&flud')..! 1!~tiZOQ\i 1,42 PM fllldgflfAn21ySl Dal.. Approved By M,,01ll.~~''",';on CtI"nlyM"''''!l'','"OIti,,~ Ofli"~ "I M"flll!W'flfInlll. Bung(!1 211!2~0611:11 AM D'" Approved By IN'E,OChS,Jr eO,,'<lofCounty Ctlmm'5"itln.,rs {)ftput.yCounlyMo"agllr Cou"ty M.na!ler'~ Offi~.. 213120061,a4PM Agenda Item No. 16A10 February 14, 2006 Page 4 of41 This instnunent prepared by: Jeffrey A. Klatzkow Assistant County Attorney 3301 Tamiami Trail, East Hannon Twner Building, gill Floor Naples, Florida 34112 (239) 774-8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand and Seven Hundred and Fifty Dollars and Thirty-Four Cents ($7,750.34), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated November 2, 2004, recorded in O.R. Book 3670, Page 3673, et seq. 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, which is owned by Esteban Chavez Jr. and Nancy Garcia and Habitat for Humanity, has been satisfied in full. Lot 26, Independence Phase I, as recorded in Plat Book 41, Pages 44-46 of the Public Records of Collier County, Florida Also known as 1204 Allegiance Way, Immokalee Florida 34142 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 Esteban Chavez Jr. and Nancy Garcia and Habitat for Humanity, and consents to this lien being discharged of record. Dated this day of ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Frank Halas, Chairman , Deputy Clerk latzkow unty Attorney -1\ r" I'replU'ed by: 3500644 aa4nc\l6tl~ ~16~i73 RlCORDID in omclAL RlcoilDsbdf'.'CfitJJ:~ j~y, PL 11/02/2001 at 09:36AK DWIGHT I. Bidet, CLIRl RIC III 78,00 coms 9.00 Patrick G. WIllie Ass't. Collier County AU'y. 3301 T_ TnolI East Naples, FL 3411Z Retn: lLORIS ROGIRS/ IMPACT lllS 2800 N HORSISHOI DR IMTBROmCI AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES - IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of tOO% of Impact Fees is entered into this , ~ ~ay of November, 2004 by and between Collier County. a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Estehan Chavez Jr. and Nancy Garcia and Hahitat for Humanity, bereinafter referred to as "OWNER; collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 200t-13, the Collier County Consolidated Impact Fee Ordinance, as amended by Ordinance No. 2003-63 and Ordinance No. 2004-25, and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying for the Immokalee Residential Impact Fee Deferral Program; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on fiJe in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a 100% deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS. an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, (e) (I) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified Immokalee area. Page 1 oRfg~f,O;Urn&~4 ~?~~ '~age ~'l1 NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit "A," and is incorporated by reference herein. 3. PAYMENT OF IMPACT FEES. The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the deferral agreement. 4. TERM. The tenn of the deferral period will continue until such time that the subject Dwelling UnitIProperty is sold, transferred, refinanced or the lien is satisfied by payment to the County of the full amount of tbe impact fee deferral. Payment shall be without interest only if the Agreement has not been breached by the non-County party thereto at any time in the deferral period, but shall be subject to interest retroactively to the effective date of the agreement if the Agreement is breached by the 000- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit of $100,000, from all sources, as set forth Section 74-2ot (g) (4) and (5) in the Impact Fee Ordinance; and b. The Dwelling Unit will remain owner-occupied and the homestead of the OWNER, and any change in the status of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and immediately due and payable. including any applicable interest, in accordance with the provisions set forth by Section 74-201(g) and Section 74-5ot oftheImpactFee Ordinance; and c. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $7.750.34, as set forth in attached Exhibit "B," incorporated by reference; and d. The maximum sales price of the qualifying development will not exceed $175,000; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM, the OWNER further covenants and agrees to comply with the Immokalee Residential Impact Fee Deferral Program qualification criteria detailed in Section 74-20I(g) (5) of the Impact Fee Ordinance, Page 2 OR :A"6m;f,G~~JS~;a; Page 7 of 41 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral term, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the default provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the land; and 7. LIEN. Owner agrees that. commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of $7.750.34 as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewbere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements and the requirements of the Immokalee Impact Fee Deferral Program including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement. their heirs. successors. and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, ROOda, within sixty (60) days after execution of this Agreement by the County Manager. II. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Page 3 oRtg~t;~:~4~~ 1;;~ge ;r~ a. Should the OWNER of the property: (I) fail to comply with the qualification criteria in Section 74-201(g) (5) of the County's Impact Fee Ordinance at any time during the term, except as to total household income not exceeding $100,000, or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreement, impact fees will be considered to be in default and immediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74.501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. If the non-County party is in a non-curable default under the Agreement, or if the default is curabte and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shall be entitled to recover all fees and costs, including attorney's fees and expenses incWTed by the County in enforcing the Agreement, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the 000- County party breaches the Agreement, such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. c. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. d. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 4 OR Agli'J451.ltem No. 16A10 : JD~rtt~'~~ WITNESS: IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. c ).hAJES )1udfr7a Print Name .rS~:. c \.<../ WITNESS: \"'-\.....I.Q.~~.~~^\ Signed $0-(",-'-1 ') \\-,~~> Print Name \ STATE OF FLORIDA) COUNTY OF COllIER) Fs.k~f/ (j,CU/~ 7 Jr Print Name , .~r( (J,oIr,tq Print Name ~\'-l~\ ~$\'\ M.\). Print Name ) The foregoing Agreement w;tc owledged before me this 2 c" day of Oclober, 2004, by Este~ and Nancy.Garci an _ abi~1 for Humanity. They are personatly known 10 me or have Prod ~_.L....... as proof of identity. ". \ [NOTARIAL SEAL] ~~ UlJ.INA FlOIIES W: ~.~ MY COMMISSION' DO 272381 , EXPIRES:.8Iuory 13, 2008 . BonciId nwu Nowy Ni:: I.IfIdIndn ( j e of Person Taking Acknowledgment Page 5 OR:g:f~?!f~1~~ COLLlliRCO~.RO~A u' ~~-~( JAMES V. MUDD, COUNTY MANAGER STATEOFRO~A) COUNTY OF COLLIER) -:.t- Jj The foregoing Agreement was acknowledged before me this L"-- day of ""....,..,\,....-,2004, by James V. Mudd, County Manager. on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] M. ~\ 0... ~ -..u._ \2) ~~:2C117 IIG Approved as to form and ~~ Recommend Approval; )d-D~ Patrick G. White Assistant County Attorney Denton Baker, Director Financial Administration & Housing Page 6 Agenda Item No. 16A10 OR: 361&"~m:141S11t EXHffiIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Esteban Chavez Jr. and Nancy Garcia and Habitat for Humanity 1204 Allegiance Way, Immoka1ee Florida 34142 Lot 26, Independence Phase I, as recorded in Plat Book 41, Pages 44 - 46 of the Public Records of Collier County, Florida Page 7 '" ~ " ro 0> Agenda Item No. 16A10 February 14, 2006 Page 12 of 41 1\ .- 1\ ;,.; I_L___L_~L~_L ~- 4- -.......~-------~_. ." ." / .. .. .. 0< .. NV'Id 3:.115 (z a6Ed) ..VII J.la:IHX:a: OB9E :~d OL9E :HO EXHffiIT "8" IMPACT FEE BREAKDOWN *** oRfg!~~~i&~4~~~ *** Page 1 ml Type of Impact Fee A~unt Owed A. EMS Impact Fee $ 93.00 B. Correctional Facilities Impact Fee $ 117.98 C. Library Impact Fee $ 167.91 D. Community Parks Impact Fee $ 632.43 E. Regional Parks Impact Fee $ 631.40 F. Educational Facilities System Impact Fee $ 1,778.00 G. Road Impact Fee $ 4,194.00 H. General Government Building Impact Fee $ 135.62 TOTAL IMPACT FEES Page 9 $ 7,750.34 Pr~pared by: Agenda Item No. 16A10 3773805 OR: Fj~~I~JG:~?~~09 RBCOiDlO in OPPICIAL RlCORDS of COLLIIR COUK!t. PL 01/25/2006 at 03:09PI DWIGHT I. BlOCK, CLBRt RIC !II COPIlS 78. 9,00 '1-1 J~lfrcy A. Klatzkow AII't. CoBier eo..ty AU'y. 3301 TamiaDli Trail EI,t No""" FL 34111 letu: PIIAlCIAL ADIIN 6 BOOSIHO ImlOmCI ATTH: PLORIS ROGIRS AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES- IMMOKALEE RESIDENTIAL IMP ACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of 100% of Impact Fees is entered into this~1aay of">....................Df 2006 by and between Collier County, a political subdivision of the Slate of Florida, througb its Board of County Commissioners, hereinafter referred to as "COUNTY," and Brandy Phillips and Habitat for Humanity, hereinafter referred to as "OWNER," collectively stated as the "Parties." REelT ALS: WHEREAS, Collier County Ordinance No. 200t-13, the Collier County Consolidated Impact Fee Ordinance, as amended by Ordinance No. 2003-63 and Ordinance No. 2004-25, and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter c,.\riz.ctively referred to as "Impact Fee Ordinance." provides for deferrals of impact fees for new owner-occupied dwelling units qualifYing for the Immokalee Residential Impact Fee Deferral Program; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee. has reviewed the OWNER'S application and has found that it complies with the requirements for a 100% deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifYing the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, (e) (I) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferra! Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY,and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified ImmokaIee area. Page I Agenda Item No. 16A10 OR: 391t~~:"ciii~~ NOW, THEREFORE, in considmation of the foregoing Recitals, and other good and valuable considmation, the receipt and sufficiency of which is bereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and <:clrRCt and are incorporated by reference herein. 2. LEGAL DESCRIPTlON, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exbibit "A.," and is incorporated by reference herein. 3. PAYMENT OF IMP ACf FEES. The impact fee deferral agreement sball stand in lieu of payment of impact fees punuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Pennit(s) for that Devetopment but for the deferral agreement. 4. TERM. The term of the deferral period will continue until such time that the subject Dwelling UniVProperty is sold, 1ranSferred, refin""""'" or the lien is satisfied by payment to the County of the full amount of the impact fee deferral Payment shall be without interest only if the Agreement has not been breached by the non-County party thereto aI any time in the deferral period, but sball be subject to interest retroactively to the effective date of the agreement if the Agreement is breached by the non- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the fullowing: a. OWNER's household earnings will not exceed the limit of $ 100,000, from all sources, as set furth Section 74-201 (g) (4) and (5) in the Impact Fee Ordinance; and b. The Dwelling Unit will remain owner-occupied and the homestead of the OWNER, and any change in the status of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in defiwh and immediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74-201(g) and Section 74-501 of the Impact Fee Ordinance; and c. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $7.027.34. as set forth in attached Exhibit "8," incorporated by reference; and d. The maximum sales price of the quali1Ying development will not exceed $254,250; and c. In return for the COUNTY deferring repayment of 100"10 of the impact fees owed by OWNER unti1 no 1ater than the expiration of the TERM. the OWNER further covenants and agrees to comply with the Immokalee Residential Impact Fee Defenal Program qualification criteria de1ailed in Section 74-201 (g) (5) of the Impact Fee Ordinance, 'PRO""? Agenda Item No. 16A10 FebruarY 14, 2006 OR: 397r~~6221:1 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is subject to the impact fee deterral, at any time during the deferral tenn, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the default provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact tees shall be transfClTed, assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the land; and 7. LIEN. Owner agrees that, commencing 01\ the effective date of this Agreement and continuing until paid or released, the dollar 8IDODOl of deterred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of $7.027.34 as set forth in attached Exlnbit "8." This lien may be foreclosed upon in the event of defimh onder this Agreement. Provided that if the OWNER is the mortgagor, the COUN1Y and OWNER agree that by, and in coosideration of a suitable security collateral being provided by the OWNER to the COUN1Y, then all of the COUN1Y'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shalI otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shalI be 01\ parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requiremeols and the requirements of the Immokalee Impact Fee Deferral Program including payment nf the defi:rred impact fees, the COUNlY shalI, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This A80ocm..ut shall run with the land and be binding upon Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shalI be recorded by COUN1Y at the expense of COUNlY in the Official Recorda of Collier Cmmty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. II. REMEDIES. The following remedies are cumnlative with any other right or remedy available to the COUN1Y: PAOP':\ Agenda Item No. 16A10 OR: 391ir~~:11jiil~ a. Should the OWNER of the property: (I) fiill to comply with the qualification criteria in Section 74-201(g) (5) of the Coun1y's Impact Fee Ordinmce at any time during the term, except as to total household income not exceeding $100,000, or (2) violate any provisioI1.9 of this Agreement, which then constitutes a breach in the agreement, impact fees will be considered to be in deliwlt and immediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74-501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. If the non-County party is in a non-curable deliluh under the Agreement, or if the defauh is clD1lble and the curable default is not cured in full within thirty (30) days after written notice to do SO provided to the OWNER by lbe County, the Board may bring a civil action to enforce lbe deferral agreement and that the Board sbaII be entitled to recover all fees and costs, including attorney's fees and expenses incurred by the Cowrty in enforcing lbe Agreement, plus interest, at the then maxinnDD statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because lbe non- County party breaches lbe Agreement, such interest shall accroe retroactively back to the commencement date of the respective impact fee deferral agreement. c. Should lbe OWNER otherwise be in defauh of lbis Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. d. In addition. lbe lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgmenb calculated on a calendar day basis until paid. p~ap.4 Agenda Item No. 16A10 OR: 391t;~\~~ IN SS WHEREOF, Ibe Parties have executed Ibis Agreement on Ibe date and year first above written. ~~ ~ f"Ttn . OO....{r> Brandy PhiJli ft30PS He.ndOLQ Print Name ~ <A;., \ \.i p' Print Name 07~ t.-~ ~~ Habi1lll for Humanity ofCollicr Cmmly,lnc_ (Authorized Signature) WITNESS: Signed (!hr/.affe E". La.mhe.r.s Pdnt Name c;:.,~-.$~ \ ~. Q'-'r~<:> Print Name STATE OF FLORIDA) COUNfY OF COLLIER) The foregoing Agreement was acknowledged before me this .iO.. day o(}m i{l~ 2006 by Brandy Phillips and Samuel S. Durso of Habitat for Humanity of Collier County, Inc. They 4-re peISODlIlIy known to me or 0 have produced as proof of identity. [NOTARIAL SEAL] rn1CV\/[C:;" ~. Signature of Person Takin) cknowl e ~ MARIA OONZALEZ MY CQ6OIISIION.DOOl:l16 ,_4 1lI:PIItES,_02,2009 ~NJ:r n....,.~NlACo. PROP ~ Agenda Item No. 16A10 OR: 391ir~D~:11~ii~l COLLIER COUNTY, FLORIDA a J/J/?q J S V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was 8Cknowl~d before me this ?.~ day of ~~"'12006 by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] ~~ ~. /lo~ / Signature of Person Taking Acknowledgment J!"''''- ORr . ROGERS ~~ to4Y COlOllUION , DI)427962 ~ BXPIUS:MI,Y 11'2009 I.alll>>NOt'AlY PLNowy~'--Co. Denton Baker, Director Operations Support & Housing PAO'p.I1 Agenda Item No. 16A 10 OR: 39?fr!Pr~i~2m EXHIBIT "A" LEGAL DESCRlYI10N OWNERSHIP ADDRESS Brandy Phillips and Habitat for Humanity 1204 Allegiance Way, Immokalee Florida 34142 Lot 26, Independence Phase I, as recorded in Plat Book 41, Pages 44-46 of the Public Records ofColIier County, Florida PSIIO'p.7 Agenda ItenlNo. 16Al0 February 14, 2006 Page 21 of 41 '" =~ ........ .4- . :~::::~:~I::\::i:::l:::l:j:::i:j!:::::i:::':::::~::::::;11;::::: ' . '" .-'> ez ot .,>) f EXIllBIT "B" IMPACT FEE BREAKDOWN Agenda Item No. 16A10 *** OR: 391ir~~1~~j~ *** Type of Impact Fee ~oUDt Owed A. EMS Impact Fee $ 93.00 B. Correctional Facilities Impact Fee $ 117.98 C. Library Impact Fee $ 167.91 D. Community Parks Impact Fee $ 632.43 E. Regional Parks Impact Fee $ 631.40 F. Educational Facilities System Impact Fee $ 1,778.00 G. Road Impact Fee (<50".4 Collier County Income) $ 3471.00 H. General Government Building Impact Fee $ 135.62 TOTAL IMPACT FEES 'PAOl"Q $ 7,027.34 Agenda Item No. 16A10 February 14, 2006 Page 23 of 41 This instrument prepared by: Jeffrey A. Klatzkow Assistant County Anomey 3301 Tamiami Trail, East Harmon Turner Building, gill Floor Naples, Florida 34112 (239) 774-8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand and Twenty-Seven Dollars and Thirty-Four Cents ($7,027.34), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated February I, 2005, recorded in O.R. Book 3734, Page 0833, et seq. 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, which is owned by Brandy Phillips and Habitat for Humanity, has been satisfied in full. Lot 60, Independence Phase I, as recorded in Plat Book 41, Pages 44-46 of the Public Records of Collier County, Florida Also known as 1225 Allegiance Way, Immokalee Florida 34142 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 Brandy Phillips and Habitat for Humanity, and consents to this lien being discharged of record. Dated this day of ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Frank Halas, Chairman App and Jeffi' Assis Prepared by: Agenda Item No. 16A10 '58653 OR:F~~e~~~m33 DCOIDID in orrrCIAL DCOIDS of COLLIn coum, PI. 02/15/2005 at 09:0711 DlIGH! I, BROCI, CLlII DC RI cams 7 9.uO Patrick G. White A.u't. Comer CoUDty Att'y. 3301 Tamiaml Trail Eut Naples, FL 34111 leta: fIlAICIAL lDIU ImlOllICI Ani: rLOIIS lOGIlS AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES .. IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM Isr TIlls Agreement for the Deferral of 100% of Impact Fees is entered into this _ day 005 by and between Collier County, a political subdivision of the State of Florida, through its Board 0 Commissioners, hereinafter referred to as "COUNTY," and Brandy Phillips and Habitat for Humanity, hereinafter referred to as "OWNER" collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as amended by Ordinance No. 2003-63 and Ordinance No. 2004-25, and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying for the Immokalee Residential Impact Fee Deferral Program; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on fIle in the office of Financial Administration and Housing Deparbnent; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a t 00"10 deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-20t, (e) (I) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreemen~ the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified Immokalee area. Page 1 Agenda Item No. 16A10 February 14, 2006 Page 25 of 41 NOW, THEREFORE, in consideration of the foregoing Recitals, and other good snd valuable consideration, the receipt and sufficiency of which is hereby mntually acknowledged, the Parties covenant snd agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct snd are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the snbject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit "A," and is incorporated by reference herein. 3. PAYMENT OF IMPACf FEES. The impact fee deferral.greement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit( s) for that Development but for the deferral agreement. 4. TERM. The term of the deferral period will continue until such time that the subject Dwelling UnitlProperty is sold, transferred, refinanced or the lien is satisfied by payment to the County of the full amount of the impact fee deferral. Payment shall be without interest only if the Agreement has not been breached by the non-County party thereto at any time in the deferral period, but shall be subject to interest retroactivety to the effective date of the agreement if the Agreement is breached by the non- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit ofSIOO,Ooo, from all sources, as set forth Section 74-201 (g) (4) snd (5) in the Impact Fee Ordinance; snd o ::d b. The Dwelling Unit will remain owner-occupied and the homestead of the OWNER, snd any change in the status of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and immediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74-201(g) snd Section 74-501 of the Impact Fee Ordinance; snd ~ ..... "'"' ..... '"CI Q .. c:::> 00 "'"' ..... C. OWNER is the owner of record of the Dwelling Unit, snd pursuant to the lmpact Fee Ordinance owes impact fees in the total amount of $7.027.34. as set forth in attached Exhibit "B,'~ incorporated by reference; and d. The maximum sales price of the qualifying development will not exceed $ t 75,000; snd e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM, the OWNER further covenants and agrees to comply with the Innnokalee Residential lmp.ct Fee Deferral Program qualification criteria detailed in Section 74-201(g) (5) of the Impact Fee Ordinance, Page 2 Agenda Item No. 16A10 February 14, 2006 Page 26 of 41 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral term, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the default provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral nf Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, lUld that the deferral of impact fees and the Agreement sball run with the land; and 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amonnt of $7.027.34 as set forth in attached Exhibit"B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements and the requirements of the Immokalee Impact Fee Deferral Program including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall ouly terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. II. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Page 3 C) :0<:1 c...o -.:I c...o - ..., ~ .. c::> co c...o ..... Agenda Item No. 16A10 February 14, 2006 Page 27 of 41 a. Should the OWNER of the property: (I) fail to comply with the qualification criteria in Section 74-201(g) (5) of the County's Impact Fee Ordinance at any time during the tenn, except as to total household income not exceeding $100,000, or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreement, impact fees will be considered to be in default and innnediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the coUection provisions set forth by Section 74-501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. If the non-County party is in a non-curable default under the Agreement, or if the default is curable and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shaU be entitled to recover all fees and costs, including attorney's fees and expenses incurred by the County in enforcing the Agreement, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the non- County party breaches the Agreement, such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. c. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. <::> :xli d. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including 1he foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover aU fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. ~ -.:I ~ - "'CI ~ c:::> ClC> ~ 0"\ Page 4 Agenda Item No. 16A10 February 14, 2006 Page 28 of 41 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year fust above written. !:bSS: / Z'~ .. ~-I~,ill~~ . 'ygned - ;' .~Jt~ Ivl(1nAn?c,,-. Print Name WITNESS: ~~"'\~" , Signed \"~ ~~,~( PrintN STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: J<ic}r~j~C'C1~iO-=> Brandy Phillips '. "\ \ LfS OWNER: Habitat for .ty (Authorized Signature) ~ l)0rsD. \i. .\} . Print Name greement was acknowledged before me this ~ day of \ .ps)rod Habitat for Hnmanity. They are personally known to me or have prod t as proof of identity. [NOTARIAL SEAL] Q) WANARDRE8 i'i ;'\ MY COMMISSION' DO 272381 . EXPIRES:_13,2IlOlI ... -""'-.....-. r I \ Page 5 C> ::0 """ -..J """ .- "'U ~ c::> ex> """ -..J Agenda Item No. 16A10 February 14, 2006 Page 29 of 41 COLLIER COUNTY, FLORIDA BY'~' ~4/ JAMES V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this \~ ""daY of f E..b. James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. 2005, by [NOTARIAL SEAL] . t<\. ~o.At ~ ...........M. Ho~ ''f',) ..eon.'-.llDUI11O ". .....AIlguotll2, 2007 ~Ai3~ I Denton Baker, Director Financial Administration & Housing Patrick G. White Assistant County Attorney Page 6 C> ::0 ~ -..:I ~ - "'CII ~ .. c::o <>> ~ <>> EXHIBIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Brandy Phillips and Habitat for Humanity 1225 Allegiance Way, Immoka1ee Florida 34142 Agenda Item No. 16A 10 February 14, 2006 Page 30 of 41 Lot 60, Independence Phase 1, as recorded in Plat Book 41, Pages 44 - 46 of the Public Records of Collier County, Florida Page 7 <::) ::c c....> ....... c....> .,.. ...., ~ .. c:::> 00 c....> '-0 , Agenda Item No. 16A 1.0 February 14, 2006 Page 31 df41 '" ---:--~--=- ~# 'do~ (DHl1StX3) - ~ -- 1\ J \ , j I. I \ I '-:;r.~=:i::::. ~- 4- -~~-------~-- ," ," : ::;:::::ji'::::il~::~i!:::l:::'iirl'::::i:ii::':::!:!:::':~'f::::i F 6~ or n,RO :q. ,CIC :>>n EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee ~ount Owed A. EMS Impact Fee $ 93.00 B. Correctional Facilities hnpact Fee $ 117.98 C. Library Impact Fee $ 167.91 D. Community Parks Impact Fee $ 632.43 E. Regional Parks Impact Fee $ 631.40 F. Educational Facilities System Impact Fee $ 1,778.00 G. Road Impact Fee (< 50% Collier County Income Level) $ 3,471.00 H. General Government Building Impact Fee $ 135.62 TOTAL IMPACT FEES $ 7,027.34 Page 9 Agenda Item No. 16A10 February 14, 2006 Page 32 of41 .. .. .. C> ::0 ~ -.:I ~ .- ..... Q . . c:::> ex> .- ....... >C- .. .. Prepared by: Jcft'Ry A. Klatzkow Au't. CoWer Co..ty AU'y. 3301 Tlmi...i Trd Ealt N.p1... FL 34111 Agenda Item No. 16A10 3773806 OR: F3'~;g~~~~18 RlCORDID in orlICIAL RICORDS of COLLIIR COUlTY, lL 01/25/2006 at 03:09PI DIIGH! I. BROCI, CLIRI RJC rn coms 78.00 9.00 '!-l Reta: rIIAICIAL ADIII & HOUSIRG IImorrlCl Am: naRIS ROGIIS AGREEMENT FOR DEFERRAL OF 1000/. OF COLLIER COUNTY IMP ACT FEES - IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of 100% of Impact Fees is entered into this '1st'd"y of"'3......~,""r-t 2006 by and between Collier County, a political subdivision of the Stale of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity, hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as amended by Ordinance No. 2003-63 and Ordinance No. 2004-25, and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter r.ollectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying for the Immokatee Residential Impact Fee Deferral Program; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a 100% deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifYing the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, (e) (I) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified Immokalee area. Page 1 Agenda Item No. 16A 10 OR: 3"r~m:3~~1' NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing Recitals are true and cmrect and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the subject property and the legal description of the dwelling IIIlit and its site plan (the 'Dwelling Unit") is -.:hed as Exhibit "A," and is incorporated by reference herein. 3 . PAYMENT OF IMPACT FEES. The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Pennit(s) for that Development but for the defenal agreement. 4. TERM. The term of the defenaI period will continue until such time that the subject Dwelling UnitIProperty is sold, transferred, refiDanced or the lien is satisfied by payment to the Couoty of the full amount of the impact fee deferral. Payment sbaI1 be without interest only if the Agreement has not been breached by the non-County party thereto at any time in the deferral period, but shall be subject to interest retroactively to the effective date of the agreement if the Agreement is breached by the non- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit of$IOO,OOO, fiom all soun:es, as set forth Section 74-201 (g) (4) and (5) in the Impact Fee Ordinance; and b. The Dwelling Unit will remain owner-occupied and the homestead of the OWNER, and any change in the _ of the oc:c:upancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in defiwlt and immediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74-20 1 (g) and Section 74-501 of the Impact Fee Ordinance; and c. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $8.069.70. as set forth in attached Exhibit "D," incorporated by reference; and d. The maximum sales price of the qualifying development will not exceed $254,250; and e. In return for the COUNTY deferring repayment of 100".4 of the impact fees owed by OWNER until no later than the expiration of the TERM, the OWNER further covenants and agrees to comply with the Immokalee Residential Impact Fee Deferral Program qualification criteria detailed in Section 74-201(g) (5) of the Impact Fee Ordinance, PAU'P? Agenda Item No. 16A10 OR: 39n~1~2~ during the lenD of tbls Agreement, except 8ll to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is subject to the impact fee defenal, at any time during the deferral term, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the defuult provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, and that the defemU of impact fees and the Agreement shall run with the land; and 7. LIEN. Owner agrees thai, commencing on the effective date of this Agreement and continuing until paid or relea!cd, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of $8.1169.70 as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of defuult under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collatera1 being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit Except 8ll elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and parmnount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfilctory completion of this Agreement's requirements and the requirements of the Immokalee Impact Fee Deferral Program including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documenmtion evidencing such payment, including, but not limited to, a retease oflien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier COWlty a release or full satisfiu;tion of the lien, and that release or satisfiu;tion will be recorded by the County upon paymeut to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the CoWlty Manager. II. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: PllIuP'1 Agenda Item No. 16A10 OR: 3g'!~m~~{2n a. Should the OWNER of the property: (1) filii 10 comply with the qualification criteria in Section 74-201(g) (5) of the County's Impact Fee Ordinance at any time during the tenD, except as to total household income not exceeding $100,000, or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreement, impact fees will be considered 10 be in default and immediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the coUection provisions set forth by Section 74-501 of this Chapter; and sbaD be paid in fuU by OWNER 10 the COUNlY within thirty (30) days of written notification of said violation. b. If the non-County party is in a non-curable delimIt under the Agreement, or if the delimit is curable and the curable default is not cured in full within thirty (30) days after written notice 10 do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board sbaU be entitled to recover aU fees and costs, including attorney's fees and expenses incurred by the County in enfurcing the Agreement, plus interest, at the then maximum statutory rate for final judgments, calculated on . calendar day basis until paid in full. In the event that interest should begin 10 accrue because the non- County party bn:ache. the Agreement, such interest shall accrue retroactively back 10 the commencement date of the respective impact fee deferral agreement. c. Should the OWNER otherwise be in de1iIult of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enfon:e the Agreement. d. In addition, the lien may be foreclosed, or otherwise enforced by the COUNlY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNlY sbaU be entitled to recover aU fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on . calendar day basis until paid. "PAaP.4 Agenda Item No. 16A10 OR: 3r1~~~~i~~ IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. A)..-,c. ,'/I \(('J7()"e;:- ;<. Adrian V. Rodriguez ~~ 8Qrrle;2GC- Print ame AdY;/)Lil Print Name \1/17 fQp'- 7.17... . . WITNEss: / Q ~ I. - . ~'^'-A- k Si ~/~;"" ~-b orne M4v;hd-l) . Maribel B. Arriaga ~.yY"I'(l'qq / I>b,,'br-:i 13. Print Name /'rIilo9" .. ! WITNESS: ~._;}~kJf2~ SIgned ~ Samuel 1. ", Presiden: and Director Habitat for Humsnity of CoDier County, Inc. (Authorized Signature) C)6aO &;roA.- Print Name ':'5o.rn"~ \ .", D-srso::. Print Name STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acl<nowledged before me this 1f:L day ot;j"rlCll(\(;fOO6 by P.r""", V. Rodriguez and Maribel B. Arriaga and Samuel 1. Durso of Habitat for Humanity of Co er County, Inc. They .~ persona1ly known to me or 0 have produced as proof of identity. ..,,; MARIA OONZALEZ MY COMMISSION' 004'1316 ~::'/ l!XPIRI!8,,,-ll2,2OCI9 Ioa.J..II[JrAlLY Pl......,~"-.Ca. grn~ . [NOTARIAL SEAL] Signature of Perllon T PAall": .lIij Agenda Item No. 16A10 OR: mp~f~~~23 COLLIER COUNTY, FLORIDA BY:~ l/~ JAME V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was adrnowledged bef,,", me this ~ day of -:'i...."'___.---.p 2006 by James V. Mudd, County Manager, on bebaIf of1l1e COUNTY. He is personally known to me. [NOTARIAL SEAL] ~L~ Signature of Person Taking Ackno gment ,.,'"^" ~ L".... fU.Kd E ~.OUERS '~..... MY CUMMlSSION If 00421962 ~ EXPIRES,Ma,IO._ ,":HDrAAY F1,"""'DieauIl.\llGt.Co. Je Assislant Co ty Attorney JP:IP Denton Baker, Direc:tor Operations Support & Housing PAo~" Agenda Item No. 16A10 OR: 3rHr~~~, EXHIBIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity 1225 Allegiance Way, Immokalee Florida 34142 Lot 60, Independence Phase I, as recorded in Plat Book 41, Pages 44-46 of the Public Records of Collier County, Florida 'PRap. 7 OR: 3971 PG: 2225 Agenda Item No. 16A10 February 14, 2006 Page 40 of 41 I I . ~ 30 211 '" ~ .. J ..~ lJT11i" lDDUE --==r-- ..cr=: DAD (EXI5TtlG) :"'. .,...~ -=--~_....:-....- Agenda Item No. 16A10 *** OR: 3fn~m:~~'~2~ u* EXlllBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A..ount Owed A. EMS Impact Fee $ 93.00 B. Correctional Facilities Impact Fee $ 117.98 C. Library Impact Fee $ 167.91 D. Community Parks Impact Fee $ 632.43 E. Regional Parks Impact Fee $ 631.40 F. Educational Facilities System Impact Fee $ 1,778.00 G. Road Impact Fee $ 4,489.00 H. General Government Building Impact Fee $ 159.98 TOTAL IMPACT FEES S 8,069.70 PA~Q Agenda Item No. 16A 11 February 14, 2006 Page 1 of 27 EXECUTIVE SUMMARY Recommendation to approve two impact fee Satisfactions of Lien for two individual properties dne to the deferred impact fees being repaid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74- 201 (g) of the Collier County Code of Laws and Ordinances. OBJECTIVE: That the Board of County Commissioners (BCC) approve the two impact fee Satisfactions of Lien for two individual properties as a result of the impact fees being repaid in full, in accordance with the Immokalee Rcsidential Impact Fee Deferral Program, as set forth by Section 74-20 I (g) of the Collier County Code of Laws and Ordinances (Code). CONSIDERATIONS: The Immokalee Residential Impact Fee Deferral Program, which was adopted by the Board of County C(lmmissioners on November 18, 2003, as an amendment to the Collier County Consolidated Impact Fee Ordinance (CIFO), which is codified as Chapter 74 of the Code, provides impact fee deferrals to qualified applicants within the boundaries of the Immokalee Community Redevelopment Area. Because the applicants approved through the Immokalee Impact Fee Deferral Program are no longer purchasing the subject homes, impact fees related to the following properties have been repaid in full, thereby ending the term of the deferral agreement and triggering the requirement for a Satisfaction of Lien. The properties are as follows: ADDRESS AMOUNT 627 Clifton Road $7.844.37 1240 Allegiance Way $8,069.70 FISCAL IMPACT: The impact fees related to the subject properties have been paid in full, by the property owner, to the applicable impact fee trust funds. All other fees and costs related to the satisfaction of the lien and recording costs will be paid from the Operating Budget of the Impact Fee Section within Fund 131, by revenue collected through application fees for the Immokalee Residential Deferral Program. The purpose of the application fee is to pay all related costs of administering the program. Therefore, there is no fiscal impact related to this request. GROWTH MANAGEMENT IMPACT: This request has no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: The Satisfactions of Lien have been reviewed and approved by the County Attorney's Office. Satisfactions of Lien Page 2 Agenda Item No. 16A11 February 14, 2006 Page 2 of 27 RECOMMENDATION: That the Board of County Commissioners approve the Satisfactions of Lien, related to impact fees, for two individual properties, due to the impact fees being repaid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Code. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Operations Support and Housing, CDES Item Number. Item Summary: MeetinllDate: Agenda !tem No 1&.11 February 14. 2l)Uf) Page ~ 0127 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 15Al1 Recommendation to ~pproYe two impact fee satisfactions of Lien for two ;ndiYioual pfOpertle~ duetothedef1lrred ,mpactfeesOeiIlGrepaidinfull,inaccofdancewithlhehnmoklllee R.,sidlOnt;lIl Impatl Fee Dmerral Program, aseet forth oy Secfion74.201 (Q) cf1h(l Collier County Code ofLaw~and Ordinances 2J140_006lJ:on:ooAM Impact FOl'9 Manall'" D.. P'"t'pllred By II.mypettlO,.,.on Community [U,velopm"nt &. EnvlrOlllnllntal$.rv;ces Financial Admin. & HnusinQ il2112(11)611:43:19AM AnistantGDlJnll'AtlQmey D.. Approved By J..fll<lntlkow CounlyAttnmOty Courl1yAttomOtyOffice 1IZ1'I200611:52AM Approved By o....t" Sano.....L...a EuculNeStlcrotary Community O......lc'llm"'''t & Community O"\IiIl"pmlmt &. Environ,""ntlll $<I"'ic...... Envimnm","",1 !>~f'o'ic"$ A<lmln. 112712QQ61:1~ PM ApprovdBy "".. C"""tatlc..A.Jo-lln,,on OpfIr.ati""$Analpl C"mmulliiy l),fV1ljopm"nt & CommIH\('Y Dev>J-1<>pm"/l1 &. Env;rr>nmm"llIS..rvlcvs Envlrollrnental SIIIrviees Adrnin. 1!3Q/21K1t t;54 PM Approved By Fin..",cialAdminllH,,,,sin'illl,nl(1or D;,l.. p..nl<>nB",knr Commi.lnliyO.veloprn..llt& Envlr'mn'<1nt/!IS..rvic",'" Fina"cialAdmin, & HOIlSlllll 1/31121lOtll:18-AM Approved B}. ""'" J".."pl1K.Scl1mitt Cnn""u,,;tyrNv"IDpnmnt& Envi,<>m""nt,,,IS..rvk:.." COmt'lI"nilyD<w1l1opmnnl:& ",wirunn"mtal S..",ie"s Admiost....ior C"mrnuniiyD<:v.I",Hf''':rt& Erl\dmnm..ntuISllrv;""..A<lm'io, W_l/a1lllG 12:1S t't/I Allllrll~.cd By Admilli$lnrtj"..lhs,,,tatlt ,.w OMBCl>ordinator C"nntyManagf!r'"OOiC<J Dttic" ofM,nll!!..nlOn1 & Budget 1!!1i2tlIl5-1A3PM Approved By BlId!!..l ""~!;,st "".. Mll,1(I~..cJu;on C""nty M"ll"ger"... om".. OIl;C"<IfM""'lll'>!ll..nt&B,,<Igt1t V1!20tl~11:0!lAM l),fputy C.ollnty Mam.gl>r D'" AjJprnvtd lJy LOll E.Odu;. Jr. a"..rdofCollnty Commic.sh.....>rs Co,,<rtI'Man..\!..,'~olllCI! 2i1121lO& 12:39 PM Agenda Item No. 16A11 February 14, 2006 Page 4 of 27 This instrument prepared by: Jeffrey A. Klatzkow Assistant County Attorney 3301 Tamiami Trail, East Harmon Twner Building, 8"" Floor Naples, Florida 34112 (239) 774-8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand and Eight Hundred and Forty-Four Dollars and Thirty-Seven Cents ($7,844.37), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated November 18, 2004, recorded in O.R. Book 3682, Page 4087, et seq. 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, which is owned by Normilia Exilus and Jean Jacques Docsol and Dorzilia Docsol and Freeman and Freeman, Inc., has been satisfied in full. Commencing at the Southwest comer of the Southeast Y. of the Northeast Y. of the Southwest Y. of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run North 143.12 feet; thence Easterly 30 feet to the Point of Beginning; thence continue Easterly 300.18 feet; thence North 0010'40. East 150 feet; thence Westerly 300.18 feet; thence South 0010'40. West 150 feet to the Point of Beginning. The Easterly 30 feet reserved for roadway purposes. 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 Normilia Exilus and Jean Jacques Docsol and Dorzilia Docsol and Freeman and Freeman, Inc., and consents to this lien being discharged of record. day of ,2006. Dated this ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORJDA By: , Deputy Clerk By: Frank Halas, Chairman Appr and I Y' _.~ Agenda Item No. 16A 11 February 14, 2006 Page 5 of 27 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 611321 Date Post Date 10/20/200510:17:38 AM 10/20/2005 Pa ent SII Nbr MS 158357 FREEMAN & FREEMAN, INC P.O. BOX 212, IMMOKALEE, FL 34143 Payor: FREEMAN & FREEMAN INC Fee Information Fee Code Descriotion GL Account Amount Waived 08EMSF EMS IMPACT FEE S/F 35014047036351031350 $93.00 08EMSF EMS IMPACT FEE S/F 35014047036351031350 $4.93 08JLSF JAIL IMPACT FEE S/F 38111043036351031381 $117.98 08JLSF JAIL IMPACT FEE S/F 38111043036351031381 $9.87 08LBSF LIBRARY IMPACT FEE S/F 35515619036351031355 $219.93 08LBSF LIBRARY IMPACT FEE S/F 35515619036351031355 $14.80 08CPSF COMM PK IMPACT FEE S/F 34615640236351031346 $632.43 08CPSF COMM PK IMPACT FEE S/F 34615640236351031346 $39.48 08RPSF REG PK IMPACT FEE S/F 34615640236351031346 $631.40 08RPSF REG PK IMPACT FEE S/F 34615640236351031346 $39.48 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $1778.00 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $113.50 08SFR5 DIST 5 ROAD IMPACT FEE-SINGLE 33916365936351031339 $4194.00 08SFR5 DIST 5 ROAD IMPACT FEE-SINGLE 33916365936351031339 $261.56 08GBSF GOVT BLDG IMPACT FEE S/F 39012223136351031390 $177.63 08GBSF GOVT BLDG IMPACT FEE S/F 39012223136351031390 $9.87 Total $8337.86 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Prlnted:10/20/2005 10:18:12 AM Agenda Item No. 16A11 February 14, 2006 Page 6 of 27 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa entSII Nbr 611321 10/201200510:17:38 AM 1012012005 MS 158357 Payments Pa ent Code Account/Check Number Amount CHECK 1847 $8337.86 Total Cash $0.001 Total Non-Cash $8337.86 Total Paid $8337.861 Memo: Re-payment of Immokalee Deferral Program Impact fees waived ($7,844.37) on 627 Clifton Road, Immokalee FL 34142 CashierAocation: MCCAULEYKATY 1 1 User: FLORISROGERS Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/2012005 10:18:12 AM Prepared by: 3512040 OR:A~&2lt~liIo.4Qa71 RBCOROED in OFFICIAL RECORDS JieClf~it~~O~L 11/22/2001 at 08:53AM DWIGHT B. BROfK~ItiBilf 2 RBC lEE 78.00 COPIBS !,OO L' 7 Patrick G. WhIle A.'L Collier County Att'y. 3301 TamIamI TraD East Naples, FL 34112 Retn: FINANCIAL ADMIN & HOUSING INTEROmCB ATTN: FLORIS ROGERS AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES. IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of 100% of Impact Fees is entered into this l'a\'day of November, 2004 by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Normila Exilus, Jean Jacques and Dorzilia Docsol and Freeman and Freeman Inc., hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001.13, the Collier County Consolidated Impact Fee Ordinance, as amended by Ordinance No. 2003.63 and Ordinance No. 2004.25, and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying for the Immokalee Residential Impact Fee Deferral Program; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a 100% deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordina~; and WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74.201, (e) (1) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY,and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified Immokalee area. Page t OR' a.6~a~l\l1ll~l1 , "'1"etiTJh~'4:';fuo6 Page 8 of 27 NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is al\Jlcbed as Exhibit "A," and is incorporated by reference herein. 3. PAYMENT OF IMPACT FEES. The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the deferral agreement. 4. TERM. The term of the deferral period will continue until such time that the subject Dwelling UnitlProperty is sold, transferred, refinanced or the lien is satisfied by payment to the County of the full amount of tbe impact fee deferral. Payment shall be without interest only if the Agreement bas not been breached by the non-County party thereto at any time in the deferral period, but shall be subject to interest retroactively to the effective date of the agreement if the Agreement is breached by the non- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit of $100,000, from all sources, as set forth Section 74-201 (g) (4) and (5) in the Impact Fee Ordinance; and b. The Dwelling Unit will remain owner-occupied and the homestead of the OWNER, and any change in the status of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and immediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74-201(g) and Section 74-501 of the Impact Fee Ordinance; and c. OWNER is the owner of record of the DweIting Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $7.844.37, as set forth io attached Exhibit "B." incorporated by reference; and d, The maximum sales price of the qualifying development will not exceed $175,000; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM, tbe OWNER further covenants and agrees to comply with tbe Jmmokalee Residential Impact Fee Deferral Program qualification criteria detailed in Section 74-20I(g) (5) of the Impact Fee Ordinance, Page 2 OR: ~~aFG>l1~9.Qo.l1 February 14, 20"06 Page 9 of 27 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells. transfers or refinances the Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral term, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the default provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property. and that the deferral of impact fees and the Agreement shall run with the land; and 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of $7.844.37 as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY. then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior. inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner. lessee, tenant, mortgagee, or other person. except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements and the requirements of the Immokalee Impact Fee Deferral Program ine! uding payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement. their heirs. successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of alt of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Page 3 OR: 3i&:lJa Il~ NA,1\M.11 'r=etr'tlary 'i~:'2006 Page 10 of 27 a. Should the OWNER of the property: (I) fail to comply with the qualification criteria in Section 74-20I(g) (5) of the County's Impact Fee Ordinance at any time during the term, except as to total household income not exceeding $100,000, or (2) violate any provisions of this Agreemen~ which then constitutes a breach in the agreement, impact fees will be considered to be in default and immediately due and payahle, by the OWNER, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74-501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation, b. If the non-County party is in a non-curable default under the Agreement, or if the default is curable and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shall be entitled to recover all fees and costs. including attorney's fees and expenses incurred by the County in enforcing the Agreement, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the non- County party breaches the Agreemen~ such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. c. Should the OWNER otherwise be in default of this Agreemen~ and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. d. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in taw or equity including the foreclosW'e of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 4 OR: ~8~aFG~ t4:(}Q~A11 February.r,r, 2006 Page 11 of 27 IN WITNESS WHEREOF, the Parties have executed this Agreement on the dale and year first above written. WITNESS: ~ A CI'w-h--, ~ Signed SIt J\D... kJ.rJ. liT QJ~"!\ Print Name WITNESS: ~ Print Name f?e.ve.sr ~.~ 7f1/ Print Name WITNESS: ~~ Pri~ -rhuYfYlo.I\ 9- OWNER: tYflJf(IY)/)J) bit' ll{~ Normilia Exilus 0 ( Wrl~ IX? I /-.~ f;'i--I Lv J Print Name OWNER: ean Jacques 7-C?.Prh T OPrintName V CYCJ L DOL SOL.. < OWNER: ~~2; Q-J <:j:)Da;oL ~iliaDo I <D 6 ...}J \)~ }C>~ 'Ii 't:.l () cSO '- Print Name ~/ Freeman & Freeman. Inc. (Authorized Signature) ;:!,(JJ/ITr ;J. ~ -dfl-. Print Name ST ATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this J;JJ"", day of November, 2004, by Normilia Exilus, Jean Jacques and Dorzilia Docsol and Freeman and Freeman Inc. They I!lllfO' personally known to me or Dhave produced as proof of identity. [NOTARIAL SEAL] MARGARET M. LEE NOTNWPUlUC. STAl! Off- ""~ COMMISSION'D030e112 EXPIRES 6/29/200' BONDED THRU 1-811-HOf NtVl COLLIER COUNTY, FLORIDA B~)r[.~~ Signature oferson Taking Acknowledgment Page 5 OR: ~~d<P~ln 4a~/;A 11 February 14,~006 Page 12 of 27 COllIER COUNTY. FLORIDA V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of nOOe. W\~ .2004, by James V. Mudd, County Manager. on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] ~ IID~ w'\. \-\OA! gna e of Person Taking Acknowledgment Q,:, ....., . _M._ ,.,..i ~~:~1IO Approved as to form and Recommend Approval; ~y:WL( Patrick G. White Assistant County Attorney Community Development & Environmenal Services Page 6 OR: 86~auar}1 t409~11 February 14, ~006 Page 13 of 27 EXHIBIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS NonniIia ExHus, Jean Jacques and Dorzilia Docsol and Freeman & Freeman Inc. 627 Clifton Road Extension, hnmokalee Florida 34142 Commencing at the Southwest comer of the Southeast 14 of the Northeast 14 of the Southwest '4 of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run North 218.12 feet; thence Easterly 30 feet to the Point of Beginning; thence North 75 feet; thence Easterly 270.18 feet; thence South 75 feet; thence Westerly 270.18 feet to the Point of Beginning. Page 7 OR: 3~2n~tt,m4rQ~~6A11 February 14, 2006 Page 14 of 27 \,QIr I 1', :>:l STERL Y 10.00' U.l bo Po i=ui 0"" o Z i I I 1 I r; >- , ~ I I WESTERLY 270.18' I I I I~ ? ; I \ I'" !;: : I " , I ~~ 1 11'I II . ~ I , I t~ I I ,,,:.c" II s~ I I'.t'. " I!:.. I I ~ l4'~>:;" I I 0 L__+___--I--________-i:3vc.,.~----y ~ 1"\'" -$:'.~' I . I :" .:+....,.;;\..... g I . ,.,:. .fIO;.1f;- I ) . )1'" _..~~ 1.--' i <:~.",-,~.,. ..... I 1 10. A'''-''' I I ""/Y'~I ",.'~*;.(~TA POINT OF COkNCEMENT ~;:;;.S;;,.. ~~.p-6iJ;\:.tr1!; SOUlH_T CORNER OF lHE ~:~J' ~,.,::;{ ~g~;;:~~ ~~~ ~;;:~ ---';;?,.Yl.j..::?1""}. SOUlHWEST 1/4 OF SECTION 33 .......~('4...- / i FOUND 4" X 4" C?NCRETE MONUMENT V' Q":~ t" 1 I ", I I.. I I I I I I I L__+___J_____~~~_~J1C~_J~~f-~~- 5:, Q .. ~ ::> .. 'N ... 1--; ~<Xl ~~o N 'l'" ~ ~ >- ..Z ...J =>[5 '2 I~ ~ gs .. z , ~ t..', : 1 ~2D' NOTES: 1. nus IS NOT A SURVEY. 2. BEARINGS ARE BASED ON THE CENlERUNE OF 10TH STREET NORlH, AS BEING NOO'OO'OO.E. 3. THIS PROPERTY UES WITHIN flOOD ZONE -D-, AREAS IN WHICH FLOOD HAZARDS ARE UNOE1ERMINEO, foS PER FLOOD INSURANCE RA1E MAP COMMUNllY PANEl. #120067 0150 0, (PANEl. NOT PRINTED). 4. PARCEL CONTAINS 20,283.50 SQ. FEET OR 0.48 ACRES, MORE OR lESS. 5. ALL IMPROIiEMENTS ARE PROPOSED UNLESS ~_.__.._-- - LEGEND: '" R/W . RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOK A.E. - ACCESS EASEMENT '.U.E. - PUBUC U"UlY EASEMENT --l - MEASURED '1" Page 8 *** OR: 3i&~~~~~g~6~** Page 15 of27 EXIDBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A~ount Owed A. EMS Impact Fee $ 93.00 J B. Correctional Facilities Impact Fee $ 117.98J C. Library Impact Fee $ 219.93J D. Community Parks Impact Fee $ 632.43 J E. Regional Parks Impact Fee $ 631.40 J F. Educational Facilities System Impact Fee $ 1,778.00 I G. Road Impact Fee $ 4,194.00 / H. General Government Building Impact Fee $ 177.63 j ~ TOTAL IMPACT FEES $ 7,844.37 Page 9 Agenda Item No. 16A11 February 14, 2006 Page 16 of 27 T..........N~k ~ MfLl.MN..,&MlItI J" ......_ FLJ.t... Hm h/rrJIlll),'t """'1_ -ULJI_IJI_ ~~.'t un.1I f.W: ~W1ml1l rttU mWJi.lt\'IU IJI.[QUlnnmlf T....o....1Ih Il" life 1eM.N!1W. lrII'rdtrll1lf6m tDfJI tmrmnl'!MIIH.\' ,4,,,,,,,, M",""_nr-;" _""J'~ . . _ _.' ," ~",~;l~T:df.%~W1'~:-.:' _ ;~~' :r"",'t~, ".-:~i~~~l~:~f;'~>'~'?~~ _' , _ _..jj.;@P,F17FT71.ii .I~.@~:~"@l~;'~~~Jq:iooC,~b'llIiO:;:4~ta:,WIn,;,1 '~J~~'::;~I:'~ '~'..I G P.faAlf1lT'fIIl!:UNI!RM-'-'^-~ _ '" JItM-....--rJA'.. THIS WARRANTY DEED MoM,A1 24111 dllyofJ....1ll21KJ5.lo'FKI!EMAN" FUEMA/'i.l/VC.. D FlDrlDo ~"", hDf"'&ittprinclpDlp/"",oj'bouUwMDI m_ w _ /',0. .... UI, I.. . ..... FI. 14W. h~' ""fW rM ".,."",. /D DELFlNQ JA1N1JS.. __ _"..,qJfI<o.w.u... b '1H H_ C_.I..-.... I'L UJf2. h....."""" CDIIod u.. gtON'" ~"lIt'I'".....AitJrM*_ '..-'_~'/fI(1__lIIIf~U"'Wt~ ........"....tV...~"rI~............pJ vfillo/il...... _.w.-w'l'" """"'W'al'JIlIIIMM&............-,............ntIf....,1 ~k: nQf tire grilJlIOI'../D7 WId in c."DMiUl'dtioff of 'h~ DIM of $10.00 and O1hr ",/""bk """id_lUft, '"""'" wlwroofls "',by"-"'lwIgwI. J...~. gran~ bar:aln, se/I. alie1t. rY!1I'I#~. re1elzsc. ~W!)I aMI co"p,.", limO 1M JTQJJW (to lbat G'C11Qm kutJ nlUa/~ lit 011&, C_.Sltllrof_'''''' n. N_1I tftldo J'nport)., C. T ...I-.a.c Ibt SMdnrcd CilC'llCTof1ltl SnIMut"" oftIM-,.......... ~ .fth 8oIItb"dl ~ ol_!3. TowmhIp>l6_b.__1t Ilal,COti!I'Coa"'l'. __ N_I4J.n fool; _ EootorI13t_to 1M FoIaI",.......... _ _..... Jl:1IIIorI13Ot.tlf<et, ...... Nora. rlll'-. BdtlSD r-c;..... W..tuty )OI....fMt; dl__ SMdb t"t."', w... 151.......... _ ",......... 1'Ioo:toslooty '" I'eet .....,.".t lot _...., ......... SUlUBCT IV rAX1Iti FOIl TBB rE.4R JHS AI>/O $t~lJNT TEA8S, .ESTVCTt()]tiSI_.uQYAno,'t/StCOf'~NA1ffSA.\'DEA.S1:.'J(.ENTSOF .uco..n.. IF'('~'J~ Agenda Item No. 16A11 February 14, 2006 Page 17 of 27 This instrument prepared by: Jeffrey A. Klatzkow Assistant County Attorney 3301 Tamiami Trail, East Hannon Turner Building, 8th Floor Naples, Florida 34112 (239) 774-8400 SATISFACTION OF LIEN This is to certitY that the claim of lien in the sum of Eight Thousand and Sixty-Nine Dollars and Seventy Cents ($8,069.70), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated August 2, 2005, recorded in O.R. Book 3858, Page 2026, et seq. 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, which is owned by Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity, has been satisfied in full. Lot 35, Independence Phase II, as recorded in Plat Book OR 3827, Page 835 of the Public Records of Collier County, Florida Also known as 1240 Allegiance Way, Immokalee Florida 34142 -.. 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 Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity, and consents to this lien being discharged of record. Dated this day of ,2006. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Frank Halas, Chairman Agenda Item No. 16A11 February 14, 2006 Page 18 of 27 Official Receipt - Collier County Board of County Commissionel CDPR1103 - Official Receipt Trans Number 624027 Date 12/15/20054:12:09 PM Post Date 12/16/2005 Pa ment SIi Nbr MS 161348 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC 11145 TAMIAMI TRAIL E., NAPLES FLORIDA 34113 Payor: HABITAT FOR HUMANITY Fee Information Fee Code Descriotion GL Account Amount Waived 08CPSF COMM PK IMPACT FEE S/F 34615640236351031346 $632.43 08RPSF REG PK IMPACT FEE SIF 34615640236351031346 $631.40 08EMSF EMS IMPACT FEE SIF 35014047036351031350 $93.00 08GBSF GOVT BLOG IMPACT FEE S/F 39012223136351031390 $159.98 08JLSF JAIL IMPACT FEE SIF 38111043036351031381 $117.98 08SFR5 D1ST 5 ROAD IMPACT FEE-SINGLE 33916365936351031339 SU89.00 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $1778.00 08LBSF LIBRARY IMPACT FEE SIF 35515619036351031355 $167.91 Total $8069.70 Payments Pa ment Code CHECK Account/Check Number 10210 Total Cash Total Non-Cash Total Paid Memo: Repayment of impact fees for 1240 Allegiance Way - the customers did not close on the property. $8,069.70 is the total amount waived on permit 2005071257. Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashierl1ocation: MCCAULEYKATY 1 1 User: FLORIS ROGERS Printed:12/15/2005 4:12:41 PM Prep.red by: l-1 Patrick G. White AsI't. Collier CoUDty Att'y. 3301 Tamlaml Trail East Naples, FL 34112 3670693 o~g~a~rulm4~m~ RBCORDBD in OffICIAL RICORDS of rlO~R1U09f~T FL 08/03/Z005 at 08:Z4AM DijIGHT J, BROCR, CLIRR mFEE COPIBS 78.00 9.00 Retn: lIHAMCIAL ADKIII & HOUSIRG Illl'lROfYlCli AfTR: PLORIS ROGiRS 213-25\1 This .pace for recordlDg AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES - IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of 100% of Impact Fees is entered into this~y ofli....()...~ t- , 2005 by and between Collier County, a political subdivision of the State of Florida, through its Board of County Connnissioners, hereinafter referred to as "COUNTY," and Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity, hereinafter referred to as "OWNER," collectively stated as the "Parties," RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as amended by Ordinance No. 2003-63 and Ordinance No. 2004-25, and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying for the Inunokalee Residential Impact Fee Deferral Program; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a 100% deferral of impact fees as outlined in the Innnokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, (e) (1) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to eXecute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY,and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified Innnokalee area. Page 1 Agenda Item No. 1~41 OR: 385fbfm~2~~~ NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), thc address of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit IIA," and is incorporated by reference herein. 3 . PAYMENT OF IMP ACf FEES. The impact fee deferral agreement sball stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit( s) for that Development but for the deferral agreement. 4. TERM. The term of the deferral period will continue until such time tbat the subject Dwelling UnitlProperty is sold, transferred, refinanced or the lien is satisfied by payment to the County of the full amount of the impact fee deferral. Payment sball be without interest only if the Agreement bas not been breached by the non-County party thereto at any time in the deferral period, but sball be subject to interest retroactively to the effective date of the agreement if the Agreement is breached by the non- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit of$loo,Ooo, from all sources, as set forth Section 74-201 (g) (4) and (5) in the Impact Fee Ordinance; and b. The Dwe11ing Unit will remain owner-<Jccupied and the homestead of the OWNER, and any cbange in the status of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and inunediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74-20 I (g) and Section 74-501 of the Impact Fee Ordinance; and C. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $8.069.70. as set forth in attached Exhibit "B," incorporated by reference; and d. The maxinmm sales price of the qualifying development will nnt exceed $175,000; and e. In return for the COUNTY deferring repayment of 100% of the impact rees owed by OWNER until no later than the expiration of the TERM, the OWNER further covenants and agrees to comply with the Innnokalee Residential Impact Fee Deferral Program qualification criteria detailed in Section 74-201(g) (5) of the Impact Fee Ordinance, Page 2 A.llenda Item No. 16A 11 OR: jB5rge~;rew~~~ during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refmances the Dwelling Unit, which is suhject to the impact fee deferral, at any time during the deferral tenn, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the defuult provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encmnbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the land; and 7. LIEN. Owner agrees that, commencing ou the effective date of this Agreemeut and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of $8.069.70 as set forth in attached Exhibit uR" This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements and the requirements of the Immokalee Impact Fee Deferral Program including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. II. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Page 3 Agenda Item No. 16A11 OR: 3B5~~~e 't~~~~ a. Should the OWNER of the property: (I) fail to comply with the qualification criteria in Section 74-20 I (g) (5) of the County's Impact Fee Ordinance at any time during the term, except as to total household income not exceeding $100,000, or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreemen~ impact fees will be considered to be in default and immediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74-501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation, b. If the non-County party is in a non-curable default under the Agreement, or if the default is curable and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shall be entitled to recover all fees and costs, including attorney's fees and expenses incurred by the County in enforcing the Agreement, plus interes~ at the then maximum statutory rate for fmal judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the nOD- County party breaches the Agreement, such interest shall accrue retroactive! y back to the connnencement date of the respective impact fee deferral agreement. c. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNIT may bring a civil action to enforce the Agreement. d. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNIT shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 4 Agenda Item No. 16A11 OR: 385g'ep~:~2&&~~ IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year fIrst above written. l' Sign -.. ~'/L j/ " '1;;J In I ~ Prin ame (J..L: (1-A-n ~ .46A~ Jpnr/o76-- Print Name WITNESS: ~ A. J;- Signed ,t:),.;Q(lo.. .fl. +;,'et!\CUIc!ra.r Print Name STATE OF FLORIDA) COUNTY OF COLLIER) AdY/O,1 Va?:''i;>UPz::. Adrian V. Rodrignez R. J i -/- i' ~(' (100 iiU?q~(' L 1(; Print Name ~'v1{;.hl?t: 8ae'Z Manbel B. Arriaga f,111'qga jJaJILRJ .for:;? I1r( i:Kf'" . N '- Pnnt ame So.mue\ ~, D..,....so Print Name The foregoing Agreement was acknowledged before me this /S" day of ~kf,/, 2005 by Adrian ~a~aga and Habitat for Humanity. They are ~wn to me or have produced JA \ as proof of identity. [NOTARIAL SEAL] ,-,'Ill'/!.:>, '~!"J>>'" '. '.. Ct :- "i\.. . ~ "" LILIANA FLORES MY COMMISSION t DO 272381 EXPIRES: Jsnuary 13, 200e 8o/lll8"~ThlUNOIIl'YP_Uf\dtlWlltll8 .5- Page 5 OR' ~~~ng;Wf.l.;;~~14 ~?fo6~ . ~ag;r1,r6'f 27 COLLffiRCOUNT~FLORIDA /-) C M By: ..-r~'" JAMES V. MUDD, COUNTY MANAGER /, ~~?,'"t:--~.<~ STATE OF FLORIDA) COUNTY OF COLLffiR) The foregoing Agreement was acknowledged before me this:1J!&. day of J:1......()"'''' \" , 2005 by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARlALSEAL] :k~ r. /L 'r-..~ Signature of Person Taking AcknoGedgment RIS E.llOGERS MY COMMISSION" D0421962 EXl'II<ES:Moy 10,2009 FlNoftlyDiNlulI~Co. Approved as to fonn and ~~ Patrick G. White Assistant County Attorney Denton Baker, Director Financial Administration & Housing Page 6 Agenda Item No. 16A11 OR: 385~r~1~~~ EXHIBIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity 1240 Allegiance Way, Immokalee Florida 34142 Lot 35, Independence Phase II, as recorded in Plat Book OR 3827, Page 835 of the Public Records of Collier County, Florida Page 7 Exhibit "A" Agenda Item No. 16A11 February 14, 2006 OR: 3858 pp~e:2~VJ3 ~ c z I ! ; \ '" . . . ~- -~ r- I I I I I ('TCI"tIM~iIIlQlI lM J,:Mll , caHS1l1\lflOH COURT h (If ~""'_ttl IlL. 'nUCfl"t -- ---;,,,obJ lo~' :Wm _ "~:c."n",_ - """"'''''' 't"M 10Wl TRACT WM1 - MOO'1I"'''' u,...-< r ..... ......I~ ;'~,CoM ~- LOT 12 TRAFFORD FARMS (UNRECORDED) um..r \.fAGUE R 9\_ locr~.~.____ ----- ------ --~~-. .' ADDRESS RANGES. 1239 1299 Allegi~nce Way 1302 1342 Constitution Court 1351 1382 Patriot Court 1349 1417 America Way 1420 1517 Peace Way :I:.r\~e ~:tt A~ r-~~ \,.." ?\o..+ &oR.. ~R 3~2.1 Fbef. ~3s Page 8 .."'''' ARenda Item No. 16A11 Hh OR: j8~bPC:eWl~~XU~ EXHmIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A1-llOunt Owed A. EMS Impact Fee $ 93.00 B. Correctional Facilities Impact Fee $ 117.98 C. Library Impact Fee $ 167.91 D, Community Parks Impact Fee $ 632.43 E. Regional Parks Impact Fee $ 631.40 F. Educational Facilities System Impact Fee $ 1,778.00 G. Road Impact Fee $ 4,489.00 H. General Government Building Impact Fee $ 159.98 TOTAL IMPACT FEES $ 8,069.70 Page 9 .' -'--_._-'"'--'-'-~''' .....--. Agenda Item No. 16A12 February 14, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners approve a budget amendment totaling $250,000 from FY06 Fnnd 186 reserves to assist with the establishment of a Florida State University School of Medicine rnral health training center in Immokalee. (Companion item to Community Redevelopment Agency (CRA) approval of expenditure under 16 G) OBJECTIVE: Recommendation that the Collier County B(lard of County Commissioners approve a budget amendment totaling $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. CONSIDERATIONS: On June 16, 2004, the hnmokalee Local Redevelopment Advisory Board met to recommend that the CRA utilize Tax Increment Financing funds to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will, in turn, provide medical services t(l the Immokalee community. In 2004, the total cost for this project was estimated to be between $1.3-1.5 million, however, the estimated cost has since increased. Most of the funding will be borne by the university and -, private donors. The funds being requested from the CRA are for initial costs associated with the appraisal and general cleaning and repair of an unused 32,000 square-foot building in Immokalee currently owned by Naples Community Hospital (NCH). Provided that it remains a medical training facility and allows the hospital to operate a rehabilitation/physical therapy clinic out of one of its offices free-of-charge, Naples Community Hospital has agreed to donate this building to FSU's School of Medicine. A "building acquisition" expense line item was already set forth in the Immokalee Redevelopment Fund 186 for this project in FY05, and because of its considerable economic development potential for the Immokalee community, the Advisory Board recommended the approval of $250,000 to attract FSU's medical training facility, contingent upon FSU's commitment to establish the facility in Immokalee. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of specific costs be submitted for consideration before final approval of a dollar amount, not to exceed $250,000, could be made. To satisfy the CRA Board's request, Mr. Richard Akin, CEO of Collier Health Services, Inc. (a partner with FSU's School of Medicine), submitted a budget outlining the project's start-up costs. Presently, Mr. Richard Akin affirms that the itemized budget remains unchanged. The budget is attached to this executive summary as Exhibit A. At the June 22 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. Upon review, the County Attorney's office found these expenditures to be consistent with both the Redevelopment Plan and Chapter 163, Florida Statutes. - Agenda Item No. 16A12 February 14, 2006 Page 2 of 10 The itemized budget and legal review requested on June 22, 2004, were brought back to the CRA on November 16, 2004, where the CRA approved the expenditure of $250,000 in FY05 Budget tax increment financing (TlF) funds. H(lwever, other necessary funding for the FSU Medical Facility was not realized and this expenditure was deferred to FY06 with budgeted dollars placed back into reserve until the timing of this project was clearly defined. On January 18, 2006, the Immokalee Local Redevelopment Advisory Board recommended approval for the $250,000 expenditure from FY06 Fund 186 Reserves contingent upon the finalization of the necessary agreements between FSU and NCH, or any other involved parties, demonstrating commitment to establish the facility in Immokalee (refer to attached letter of intent from NCH to FSU, Exhibit B). The $250,000 will remain in Fund 186 until agreements between NCH and FSU are executed, and until all external funding agreements are finalized. FISCAL IMPACT: CRA redevel(lpment efforts are funded primarily through Tax Increment Financing (T1F) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. In practice, it is anticipated that the assessed value increment will increase each year during thc Redevcl(lpment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The Immokalee Local Redevelopment Advisory Board recommends that $250,000 in budgeted FY 2006 CRA funds (Fund J 86) be used for this project. Approval of this expenditure will leave a balance of $499,900 in budgeted FY06 Fund 186 Reserves. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will implement the County's Redevelopment Plan. According to Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportunities in the health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modificati(lns to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERA nONS: As previously mentioned, at the June 22, 2004 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, FI(lrida Statutes. Upon review, the County Attorney's office found these expenditures to be consistent with both the Redevelopment Plan and Chapter 163, Florida Statutes; therefore, it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: As stated above, the Immokalee Local Redevelopment Advisory Board met on June] 6, 2004 to recommend that the CRA approve the use of tax incrcment funds in FY05 to assist with the establishment of the rural health training center. In addition, the Immokalee Local Redevelopment Advisory Board met on January 18, Agenda Item No. 16A12 February 14, 2006 Page 3 of 10 2006, and rec(lmmended approval for the $250,000 expenditure from FY06 Fund 186 Reserves, contingent upon NCH and FSU agreements. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners approve a budget amendment totaling $250,000 from FY06 Fund 186 Reserves, as set forth in Exhibit A, to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee; contingent upon the finalization of the necessary agreements between FSU and NCH, or any involved parties, demonstrating commitment to establish the facility in Immokalee. Prepared by: Nicole Fernandez, Senior Planner, Comprehensive Planning Department Agenda Item No 16M2 February 1,1.2()()6 PElge4of1O COLLIER COllNTV BOARD OF COUNTY COMMISSIONERS IlemNumber: 15A12 IlemSummary: Recommendation IMt tile Collier County Board of ellUi'\lY Commissioners appro~e a budget amendment totaling $250,000 from FYU6 Fund 1 S6 re6UIVIlS to assj~1 wrth Ihe eslablishmont 01 a Ftorida StIlte Untversity School of Medtcine rural heatH! training cenl",r In Imma~alee Me.ling Date: 2114120C69:00:00AM PnpandBy NiealeFemandu S<lnlnrPI.."n..r "', C"mmunllyo..v",I"fH'llijrrt& ;:;nvjr""~taIServic:M Zlmlnll&UlIldo..Wllupn'''lltl'!:ol-Y(9W 1/27!20l,l1;2:S0:04PM Approved By RandallJ.Col1en C<>mmui"lyPlmlllingllml RttdllVe!<>pmentManall,H Dale Community O~\tl>lo"menf &. ErwironmllntlllSl>rvlcu Comprllhenfii1l1l PI~nnln'J 11271200G 3:39 PM Approved By C"nsl"dnceA,john!;t>n Op"r.!Il"n..Analy"t Community O~~ltlopm"nt I. Commullll~ DllVi'h>pm./ll{ & Environm.mtlll S<lrvl<<l$ EnvironmentRl ~rvl<:" Admin. O"'tll 1J3C120063:06PM Approvcd8y SandraLu Ex""ulj'l1!S\lcmt~ry Community OeV1!lopml\nf /I. CQmn"'lnitjl OlN"lopmo:ml &. Environm.rrtaIS<lrvic"$ Etlvlr<>nmentol S"...l<:ell Admln. D... 1!:l0i20OG 3:56 PM Approved By jo,.ephr..Schmitt CummunityOe""lupmo-I11& E"vironl1'l"'fltaIS..fYi""sAdmlnstrnfDr D~ CQmmunity ~v<ll(lpmll-rrt &. ;:;.wlromTl4nf<lISe...k.e>l C<>m.mmity O"velopm&1ll a. f.nvlrun11lllntaJS~'l'\'I"",,<Admin. 11311200611:23 PM Allp,"Oved By OMBC<>lIroin"'tor Administflltiv..As$l.I:tant """ C"'mfy Mlln"oer'l< Office OfflceotMoM9<"'O\lrrt&B<JdIl9\ 1!11rl!0l1ll1:.f4PM Approved By Markl....ck..un 6u<JqelA"aiyst D.. Coum,'MunaU\lr'som""" (.>It,c\lotM''''''flttm..nl&.6udgill 2!1!1(l0611:34.6.M Approved By jam....V,M\ldd C",u"tyMallallur DJte DtI"rdotCounty Corn",i~"jl"''''$ C"ulI!>jM"tI,,!)~r'..Offi"& 2i112aO&12:11 PM Agenda Item No. 16A12 February 14, 2006 Page 5 of 10 EXHIBIT A 'r Community Redevelopment Agency FSU Project, Immokalee FL Appraisal $ 15,000.00 Building Inspection $ 5,250.00 Paint & Cosmetic Repairs to Exterior $ 72,512.00 Paint & Repairs to Interior $ 32,302.00 Phase I Environmental Study $ 2,200.00 Miscellaneous costs: leaking windows, soap dispensers, towel dispensers, cabinet repairs, ceiling " tiles, removal of temporary wall, replacement of doors $ 32,586.00 Locksmith $ 1,560.00 Electrical $ 11,700.00 Cabinet Repairs $ 6,500.00 Plumbing Repairs $ 4,080.00 Flooring Replacement & Repair $ 5,511.00 Blohazardous Material Removal & Cleaning (mold) $ 8,900.00 Landscaping $ 14,805.00 Equipment & Furnishings $ 37,094.00 TOTAL $ 250,000.00 01/25/2005 03:53 123955e3850 ADMINISTRATION EXHIBIT B PAGE 01 Agenda Item No. 16A12 February 14, 2006 Page 6 of 10 1454 MliIdl.son Avenue Immol<;l.., Fl. 34142 239.1l$803136 Collier Health Services, Inc. Fax To, Nicole Fernandez F...m, Kara Snyder F_ 239-21~2946 ..""..: 5 inc/uclir>g cover sheet p_ 23!)..53~08 Dolle. 01/26106 Re; LeIter of Intent ee: C lII!I<Hd X For Review LJ PIe... com....nt C _.. Reply n -ltecycle Karl! Snyder AdminislralJ.... Assistant Collier HeaI1h Services. Inc. 239-858-3138 The information in Ihls fllGSimile end eny altachments is conl1denlia1 and may be subject to legal ProfeSsion. privilege. II is Intended soiely for Ihe attentiOn and use of the named eddressee(s). If you are net the intended recipient, or pelSon responSible for deliveling this Inform8tIon 10 the Intended recipient, please notify the sender immediately. 01/26/2006 03:53 123965e3050 ADMINISTRATION PAGE 02 Agenda item No. 16A12 OII26!2m) 09:58 bOOl pa~(ry 14, 2006 Page 7 of 10 linn: 4111';;'. CZI'tp',,," ,r;rl.,......'A.\~".....thl ,1"rJ".'!I.lllj) "'.'I.1.!I,."illl NCH .. ;: ~ !:l'.... Healthcare ---- System .,..~~U 1 ngQ HNIthDett ~~.lf,j 11.,... ft. 34"0 (219151l-1OOO T.l< Werh~rell, President The nuridl State Ulliversity T"lIlh=e~,I'L 32306-1470 Oo.a, Mr. Wetherell: ':In 1,;:halF ,f the NCH Healthcare System] would like to express 0l11' support of Florida StIle ()"i"L""i'y's (FSU) inletlt to open a eoUege of medicine satellite teadllng facility in JmrdL'kalcr,. My recent visit with Dean J. Ceie Harris provided III excellent opportunity to ',,111 rmlre of the plans the Collage of Medicine haI for !be Southwest Florida area. Such. prflfJ;'llJ)Li&lj1lpmyi."~ an p-yr.fII!lIp.nI rdnt'::Atinn:all\pp"Wtllmty 'fnr ~te. nile Sit ttvo 1/:!\mp.J.Uuc. ;""w;de ar additional avenue for the Immokalee community to 3<:ees. healthcarc .ervices '.!,,)~r to t.ome. We welcome the opportunity to participate with FSU in this cause. We bdi,ve 11m NCH's involvement will provide a unique opportuni1y fOr medical education in illj.; diVt~t:>l~ COWlty.. 11'1", ('vlTe;:pondence will conDnn the NCB Hea.ltbeare System's intent 10 donate the Isabel ('(.IB',!' Rfad Building. its W1dcrlying IIl1cI, and its adjacellt parking areas located in :..".."kal." to FSU College of Medicine throuib the Florida Stale University FOUl1dation, the p!1I1.lIlthroJlie ann of FSU. This donation is intended to wi8l FSU in establishing a """,pl,,h<:nsive, rural medical services ttaining site in lmmokalec lIS a part of the FSUCollege ',d' t>1..iim e. The NCH Hea1lhare System is making this donation 10 the FSU College of 'K{<'''Jd"e subject to the following understandings: J. As outlined by Dean Harris, FSU, through i15 Conege of Medicine and other bea1thcare academic units, iocluding the School of Nursing. and Sehool of Social Worle, plans to establish a comprehensive. roral medical .c:rvice leaching site located in the Isabel Collier Read building ill fromokelee. When fully developed this site will provide medical &aJdents .. well as other ClUdents from other healthcue academic lDlits, educational ""periences by working with local pbysicians llJ1d FSU faculty members who mighl be A!Slgned to this location. The FSU College of Medicine will provide a faculty member on site at the Isabel CoUier Read building to supervise the educatiOllll pn>SI'8JI1 aDd work with local physicians who might agree 10 serve Il8 clinic:al illc:ulty. This leaching site will allow st.denis, among other opportunities. to spend six to twelve months at this teaching site and fulfillll10Jt of lhe required clinical clerkships dming the third year of medical edueation. These clericships will include: pediatrics, ......ur.n f ...."......."'" .~ .:~_;:g;:~:t::e1t . ..~.J';~'''",:I', ii 01/25/2006 03:53 12396583058 ADMINISTRATION PAGE 83 01/26/200) 09'59 ~r~""II~mNo. 16A12 , F'e\'jluWy 14, 2006 Page 8 of 10 t"r':I!H: obstetrics and gyDccology, family medicine, generalfixltemal medicine, general 5Urg=y. and psycblau-y. Fori year reqo.in:d clerlcsmps include advanced family medicine, advllllCed internal medicine, emergency medicine and geriatrics. III additiOD, others from the FSU College of Medicine's regional campus system will have the opportunity to obtain rwaI health rotations at the Inuuokalee w. When fully developed. it is anticipated that tbis Immokalc:c si1c wil111so provide the opportunity for nn:aI public bealth rotations llIId research oppoftlllrities in rural health. 2. The FSU College of Medicine will fonn an affiliation with Ihe NCH Healthcarc System and its medical staff 10 provide the required educati<maJ experiences that ClIlIIIOI be provickd 111 the Immokalee silt:. The NCH Healtbcare System's medical staff'....iII be orient<<! to the FSU College of Medicine's educational program. PhysicillllS 011 the NCH Healthcare Symm medical staff who would IUce to participate in the proplIlll 8Ild serve as clinical faeulty for the College of Medicine will be given the _ o~ llIlPly ~ the n.",1l7 "P!l"i.,lmenl.. 1 The FSU College of Medicine will devdop elective rotatiOnB at the NCH H..JUlcarc S)I!tem f6cilities including Naples Comnnmity Hospital and North Collier HospilAllilr Students in their third and fourth year of medical educatioD in onler to develop a more comprehenslve ml'4iCllI education cnvironmont within Southwest Florida, unless Ihose roIalioru; cannot be .ccommodaledby NCE. 4. The .NCH Heallhcare System and il& medK:al staft' may, .t their option, bec:omc an intesnl part of the FSU Colleae of Medicine's educational program in Southwest Florida. 5. When patients seen at the Isabel Colli.... Read building need mferral for medical services, the College of Medicine: will develop II refaral prognm thai is COtUisteDl with local customary practice. The affiliation agreement may caU fur the n:ferraI ofpatientll to an NCH Hea1thcare SJlBlom Facility, including but not limited to Naples CollUllllllity Hospital ond North Collier Rospiu.I, \IIlless the: medical ac:rvices cannol be offered at an NCB: Healthc.am S)'Item F...iIlty. 6. FSU wi1llca~. to the NCH Healthca:re S)'Illelll at no cost, 5,000 conliguollS square reel of finished area Wider air and atcCls to all c:ommon public areas in the Isabel Colli.... Read building. If FSU develops a second 1\001 of the '~abel Collier Read building, the NCH Healthcare System will be pIOvided wilh an option 10 lease, 1lI no eo9t, additional 5,000 contiguOllS square feet of finisbed space under air on the second floor. FSU will not charge the NCH Hcaltboare System any rent for this space in the lllobel Collier R cad building. This space that is a1loceted to NCH may be ll$ed by NeH at NCH', discretion so long.., its use ill for medical or medically related , M 61/26/2066 83:53 12396583050 ADMINISTRATION Agenda Iterli'm. 1@A12 DlI26I20C6 09:59 #001 "m!ffll~~ ~~~~ rl"(~n~ charitable pwposes. The NCH HllIIllbcare System will be responsible for its pro-rata share of !be common area charges for tho Isab~1 Collier Read building. FSU agrees that the I1:l118indcr of !be Isabel Collier Read bllilding, inoluding any expansion of the building, win be used solely Cor acad~mic pUlpOses as adminisIered by FSU, through its College of Medicine, to establish a eompreheDsive, rural medical serviCllleacbing llite. 7, The parking IIR&$ that are located immediately adjacent to lbe Iubcl Collier Read building -.viII be Cor the "" of the OCC\Ipents of the Isabel Collier Read Building. 8. The Isabel Collier Read building will retain the IWIle "Isabel Collier Read" building, and FSU -.viII refer to it as SlIdl in aU marlceting and promolional materials and in ita descriptions of the buildiJlg. o FSU will commence a viable program through its College of Mcdicine and ..!llhcr..h~ aca.demie ~llllL~Illl_. Scho~1 of Social Work, plans to estuhlish a comprehensive, nuaI medical s(>!'Vice teacbing site located in the Isabel Collier Read bcilding as .oon .s !,ossible but DO later than by May t, 2006. It is und"",tood thai tho inilial program may be limited in nature and numbers but the College of Medicine wili take continuing strides to build die program outlined in paragraph I above. FSU -.vill seek all appropriate funds to insure the IoIlgevity of the program. 10. lbe conveyance of the Isabel Collier Read building to FSU will be <.<lntingmrt upon both parties complying with the teTtlll! of this letter of hllenl and subsequent agreements which are executed by tho parties for the purpose of memorializmg the tenns of this lelter of intel1L Should the FSU Foundation wilh, for any reason, to transfer ownersmp of the Isabe' Collier Read building it willlrllnsfcr ownership of said building either to FSU or return it to NCH Hoalthearc System. A transfe-r of th.e Isabel Collier Read huilding nom tbe FSU Foundation 10 FSU will not relieve FSU or the FSU foundation of its obHgations as set forth ill !hi. letter of inleDl or any $ubsequeIll agreemenls wbJch may be e><tcUtod by tbe parties. FSU may not subsequently I.I'llI1Sfer the ownership of, or otherwise transfer the use of Ihe lsabel Comer Read building 10 any odlor party without the express written pelIllission of the CEO oflhe NCH Healthcare System. In the evenl IhJU FSU does Dot ~ the IImds necessary 10 reoovale the building. to operate and maintain the buiJding on a continuing batis, or secure legislative funding of the clinical operations. then the ownership of and btle of the Isabel Collier Read Building and associaled landsite and parking nreas will immediately revert to the NCH Healtheare SysteM. Should FSU breach aoy of the terms of this Jelter of intent or any subsequent agreements which are executed by the parties for the purpose of memorializing the te""s of this Jelter of intent, then the ownership cf and tille to the Isabel Collier Read building and associated landsite and parking areas will immediately revert back to the NCH Hcalthcarc System. 3 01/26/2006 03:53 123%583050 ADMINISTRATION PAGE 65 01/26/2006 10:00 ~e~~~~~4;~~6~ Page 10 of 10 r "'J;\.: [I;i" 1C11"l' of intent reflects certa.iJltenns that ano in1endcd to be embodied into definitive flgH'cment,. It is und=ood that these definitive al!l""met1u may contain other terms and ""n,litions that J:\!llIain to be ncgotillted and agreed to by the petties. Eacb party shall use :\"'0.1 fuith efforts following tbIl execution of this letter of intent to negotiate and execute the "."""",",1' definitive agreementt incolpOraliDa the terml and conditions outlined above a!id ':a~"\mary representations, W8JTlIIlties, covcoanta and other stalldard provisions relating to !,'"n,:act",.. of the nature contemplated by this letter of intent whicb are acceptable to lhe .p~rli's. n is the express intent of the parties to e:xecute the definitive agreements no later th,n '"l~ 1,201>6. However, until tbIl parties execute such definitive agreements, and the same n;" 'i':'flWd,y their respective governing boards and emmsel, neithfJl' party .hall bave Dny ;"i:"lIy bicding obHgations to the other. If the parties have not negotiated, approved and .,~. ,,,uted ,'efinitivc agreements by JlI!y I, 2006 then this letter of intent will be eon~iljered .:(',n'.in.led. FSU agrees to pay for the NCH Healthcare System's eosts associated with . : r,. :Ii"g this donation of the Isabel Collier Read building. ;' h"... Iii tht, JerroaJ)Ltb.iLl~oLm.eeLwi/h..jlom..appro:ilal,..pleas" ~;6" in .the..spBCC b :""WdNl bdow and returll one of the enclosod original1etters (3) to me. ";.." 'r-Iv ')."....~..."7-!' ,/ / <'" (:::;.;>/ AP.4h/:.~ /' ,"~."-1;:1u:~%<-f(" ~~~gz::/~ \.~._~~,r\I'1.lrd A. !\-!orton 'iJ~'~! E);l~ utive Officer .\:-:,,:i)r~'v: ,,~....+.. " . " 1\( /~ I \ I / ..,!X:.- .,.;~ Wd~".ll, Presiden! : ',,,. (1l'rj,j.~Stllte University ,!.1 / .. .l!,.~~t(ll_u~. ,Ij;' T I l \J"t II "f":;~-.L~ '. O;ie IlJlTi., Dean 1:."';jJ!':'~JA~~ of Medicine C;(.rrtln. Hl~'r~e UniversitY I -h' !;\0cf.'/'k_ 4 Agenda Item No. 16A13 February 14, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to authorize an additional permanent position of Supervisor for a new work team being established to provide improved land use project review and permitting application intake service within the Community Development and Environmental Services Division at a total budgeted cost of $58,500 for all salary, benefits, taxes and operational expenses. OBJECTIVE: To add an additional pennanent position within the Community Development and Environmental Serviees Division (CDES) for FY06 in order to implement and oversee the project review intake team which will be located within the Department of Zoning and Land Development Review; and to authorize an associated increase of $58,500 in the FY06 budget under Fund 13 I, Development Services Fund. This addition will further the CDES goal to improve the quality of initial and subsequent applications, with the expected result of reducing the overall staff review times and improving the overall quality of applications from the development community for all applications related to the land development review and permitting process. CONSIDERA TION: As part of the overall process improvement initiatives as directed by thc Board, the County Manager initiated a detailed review and analysis of the demands on staff and all associated workflow activities within the Community Development and Environmental Services (CDES) Division. Based on that direction, County Manager Jim Mudd assigned Ms. Kim Grant, Senior Management and Operations Consultant, Office of Management and Budget, to initiate an analysis of the "fast track" permitting and land use review process in CDES which quickly evolved into a more detailed analysis of all operational aspects within the division. Ms. Grant continues to work with the CDES staff and through her efforts is facilitating the development of a consolidated sufficiency review and permit application intake team for all initial and subsequent resubmittals of all land use, site plan and specialty permit applications to the division. This totals approximately I 10 different application types. A cross sectional staff team was put together to work with Ms. Grant in formulating a vision for a centralized intake process. The vision is for a liaison position/team that is designed to assist applicants through the process - one point of contact, more availability of staff and faster turnaround. This intake team and its supervisor will be highly visible to the public. It was determined that of significant importance was to ensure accuracy and consistency amongst internal departments and with the public. There is potential for tremendous payback to the organization for the investment of one additional staff member. The potential exists to cut the overall review timeframe for SOPs in half from an average of about 7-8 months to 3-4 months if this team is successful. Most applicants will get face-to-face (i.e. faster) feedback if they have not met requirements on initial submittals and resubmittals, and their submittal packages will not be accepted for review until the necessary items are supplied. If we reduce one review for every project, on average, we have Agenda Item No. 16A13 February 14, 2006 Page 2 of 8 the potential to "save 2-3 staff members needed to conduct multiple rcviews." Ensuring a high quality submittal before it enters the staff review stream could reduce staff turnaround time or allow staff to work on other activities, including professional development and training. The intake team will be responsible for ensuring that a consistent, high quality submittal package enters the staff review stream which should ultimately result in fewer numbers of reviews by staff Upon analysis of existing staffing levels and supervisory responsibilities, one significant shortfall identified was the need for a management position to assist the depal1ment director in integrating and managing the diverse and complex acceptance, review and approval processes associated with the oversight and enforcement of requirements from the Land Development Code (LDC) and Growth Management Plan (GMP). The intake team will consist of existing staff members (two planners, one planning tech and two engineering techs) located in two different departments who will be consolidated under this supervisory position and located within the Zoning Department. The proposed supervisor will oversee these five staff members and report directly to the Department Director. The intake tcam will also assume additional duties from other Departments (environmental, engineering, etc.) that are related to the processing of applications, yet are currently spread across multiple functional areas. Specifically, the proposed supervisor would accept delegated responsibil ities associated with overseeing operations of the intake team, and will be tasked with the following responsibilities. I. Develop, implement and manage intake team processes and procedures. 2. Provide general guidance and advisement to the Director on all areas of intake operations 3. Provide training and orientation j(Jr new employees, including computer training 4. Provide training for existing employees 5. Monitor progress of application processing and distribution to ensure established timeframes are met 6. Respond to customers, both internal and external 7. Keep staff informed of any changes in processes and revisions to LDC 8. Assist in resolving review and distribution issues with other depm1ments 9. Resolve issues relating to new fees, coordinating creation of new fee codes and fee revisions 10. Provide report data relating to processing and review of applications to both staff and to general public if needed I I. Ensure that applications on web page are current 12. Oversee revisions to processing and review forms and computer checklists 13. Manage, update, review and approve Route sheets 14. Manage, update, review and approve Review checklists 15. Update maintenance tables in computerized application review tracking system 16. Prcpare employee performance appraisals 17. Evaluate and improve the existing processes, identifying and managing process and technology improvements that emphasize the horizontal nature of the process. Implementation means managing a great deal of change. It is imperative that a supervisor ensure that customers are informed and customer issues are handled as they become familiar with the Agenda Item No. 16A13 February 14. 2006 Page 3 of 8 new rules, processes and procedures. It is important to define and manage the enhanced sufficiency review details with all affected departments and to educate and manage internal staff. The newly formed intake team will have new job functions which will entail significant job revisions, training of staff, managing customer expectations, developing and monitoring procedures, scheduling and work flow issues. The ripple effect throughout the organization needs to be managed and coordinated as well as the effect on other external County Departments involved in the review process. Based on the detailed review and analysis of the expressed need, staff is recommending that the Board concur with the findings and as such approve the addition of the FTE in the FY06 budget. In addition, attached is the proposed job description for the position. FISCAL IMPACT: Funding for this position was not incorporated into the approved FY 06 budget. Current fiscal year costs for the permitting supervisor position are estimated to be no greater than $64,000 and include personnel, operating and initial office configuration costs for eight (8) months. No additional increase in fees is needed to fund this position. There are sufficient dollars in Fund (131) reserves to fund the additional FTE assuming this position cannot be absorbed into the existing budget. At the present vacancy level, existing Planning Department budget dollars would be sufficicnt to fund this additional position. Should vacancy levels decrease toward full staffing, a budget amendment moving money from Fund (131) rcserves or another operating cost center within Fund (13 I) would be necessary. GROWTH MANAGEMENT IMPACT: The additional FTE will have a positive impact on the staffs ability to integrate across departmental and external division boundaries all aspects of land use review and permitting processes. RECOMMENDA nON: To authorize (I) additional permanent position (Supervisor - Permitting) and associated funding for the FY06 budget for the Administrative Section within the Community Development and Environmental Services Division and all the necessary budgct amendments to accomplish the same. It is recommended that a Supervisor position be creatcd to provide this daily operations management, with a focus on transforming the internal operations into an improved permitting operation where we would focus on the customer, efficient and effective internal operations, and high quality and timely output. The Supervisor and the Department Director would work together to set the direction and manage the changes set forth to meet the goals. In addition, wc would look to achieve these benefits: enhanced customer service through face to face contact and guidance with the customer, improve review durations, eliminate intcrnal dcpartmental and staff boundaries that cause friction, organize the process the way the customer experiences it, increase coordination and knowledge sharing at all levels, create authoritative focal point for customers at this stage of the application process below the Director, increase process and product consistency, improve reporting on and accountability for review metrics, and foster collective problem solving and resource allocation PREPARED BY: Susan Murray, AICP, Director, Department of Zoning and Land Development Review Agenda Item No. 16A13 February 14, 2006 Page 4 of 8 ft.,genae Item No ,6A13 Fehru~ry 14, 2006 P8ge5of8 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS Item Number: 1M13 RecommefldetiQfl to authorize an additional permafl8flt position of superviso< for a flew work teanl oeing est.llolished tQ provide impr<>ved land use projectrevi ew and peflnlttiflg IlppHcatiofl intake service within me Commumly Deveiopment and Environmental Service! D,vision at a talal t:udgeted cost of $58;500 for all salary_l.lenefll s,taxes and operational expenses Item Summary: Meetin90ate: Zi1412D06S0000AM Prepllrt'd By 5usonMl.lrrny,AiCP C'.Jmmunill' Deveiopment & EnvironmentaiSel'\'1cn z.onjng& Lanll DflveiopmenfOif<lctor Date Z:uning&.Lllnd O~v..lop""'''t R<Ni8W 11'OI2CCG11,51):{/SAM Approved By S'mdnlLe. EJewtivoSoCrot.ry Community D~v&lcpln..nt & Community Dev~loprn~nl & ElIv;,,,nmenlaIServic.,:o Environm<lntat Servic<ls Adrnin. o.re 11'Oi2111154:22PM APllrovl'd By CnnstanceA.Johosoo Op,,,,.bow.Aoal:."'St Ccmmunily l)ev&lol'ment & C",rnmunity Devet<>pm,.,.,l 4. Eovironm.."taIServic,"s Envir<>nm..nt.1 S..rvic&s AlImill. Date 113~1~~5A;:.t5PM Appro~l'd R}' J<>S<1phK_Schrnitt CcrnmunityDflvelopmellt4. lSnvironm.,ntaiS..rvk.,sAdmiostratu' D.. Community O"v"lnpm""t & Enviro"",.elllaIS"rvicu Commun;lyo..vel"pm,,,rt& Envir<mrnflotlll Servic,," Admin. 1/31120061Z;2iPM App,.oved By OMRCaordinator Arlmin;5tmtiveAs6istant DatE C"untyMnEl"gor."Offi<:" OfficenlM,-,oagorn..nt&llll'lq<>l 1{311ZUIl62:111PM AI/IHo.'ed By Mdrl<.back.~o" a"<<g"tAnoiyst "'. C"unty Maru,r.!""" Ollicc 01/ic(>"rMan.ag""wot.tEludg..1 ZI1!20064:38PM Appn...ed By Jaf'llcsV.Mudd' CCU!'llyM.a",.ger Pal,. F1oardclCounty Comm;ui<l,,,,rs Co"nlyM"f1age(~ Oft;.,e 21V200fi 'O:~9AM Agenda Item No. 16A13 February 14. 2006 Page 6 of 8 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: SUPERVISOR - PERMITTING PURPOSE OF CLASSIFICATION The purpose of this classification is to supervise staff perfonning activities involving land use and permitting applications from intake to preparations for distribution, redistribution and approval. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; coordinates or conducts staff training activities. Coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; confers with assigned staff, assists with complex/problem situations, and provides technical expertise. Reads and interprets Zoning Maps, Fee Resolutions, PUD documents, Resolutions, Slate slatutes, the Land Development, Site Development plans. plals, permit applications, surveys, property cards, legal descriptions and other technical documents. Makes setback determinations and reviews and approves surveys. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment to ensure safety of employees and other individuals; initiates any actions necessary to correct deviations or violations. Consults with supervisor, department management, or other officials to review operations/activities, review/resolve problems, receive advice/direction, and provide recommendations. Monitors inventOlY of equipment and supplies; ensures availability of adequate materials to conduct work activities; initiates orders for new/replacement materials. Performs administrative tasks; develops work schedules to ensure ad~quate coverage. Prepares or completes various forms, reports, correspondence, performance appraisals, productivity reports, investigation records, spreadsheets, or other documents. Receives various forms, reports, correspondence, time cards, policies, procedures, laws, statutes, regulatory notices, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a personal computer, general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, desktop publishing, e-mail, Internet, or other computer programs. @ DMG-MAXIMUS, INC. Page t Last Revised: January, 2003 Collier, County, Florida . Supervisor-Permittin~ Agenda Item No. 16A 13 February 14, 2006 Page 7 of 8 90023 Communicates with supervisor, employees, other departments, County officials, commercial haulers, vendors, the public, state/federal agencies, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange infonnation, resolve problems, or give/receive advice/direction. Attends meetings as needed. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Provides assistance to other employees or departments as needed. Perfonns other related duties as required. MINIMUM QUALIFICATIONS High school diplomalGED supplemented by 3-5 years in customer service preferably in a zoning department setting; or equivalent combination of education, training and experience which provides the requisite knowledge, skills and abilities for this job. Must possess and maintain a Notary Public certification. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory capacity. Requires ability to resolve conflict and facilitate change. EauiDment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aotitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; may include the ability to perfonn mathematical operations with fractions; may included ability to compute discount, interest and ratios; may include the ability to calculate surface areas, volumes, weights and measures. Functional Reasonine:: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership. and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. C9 DMG.MAXIMUS, INC. Page 2 Last Revised: January, 2003 Collier, County, Florida. Supervisor-Permitting Agenda Item No. 16A13 February 14, 2006 Page 8 of 8 90023 Situational Reasonine:: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Requires ability to motivate, lead and direct others; monitor work quality . Customer Service: Requires superior customer service skills. Financial Accouptahilitv: Responsible for ensuring fees are calculated correctly and collected in accordance with Department and County policy. ADA COMPLIANCE Phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work. but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of/ight weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Reauirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Draft for Supervisor Permitting in Zoning <9 DMG-MAXIMUS, INC. Page 3 Last Revised: January, 2003 Agenda Item No. 16A14 February 14, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to sign a police affidavit against trespass at the Railhead Scrub Preserve pursuant to the Railhead Scrub Preserve Interim Management Plan. OBJECTIVE: To have the Board of County Commissioners (BCC) authorize the County Manager or his designee to sign a police affidavit against trespass at the Railhead Scrub Preserve pursuant to the Railhead Scrub Preserve Interim Management Plan. .- CONSIDERATIONS: The Railhead Scrub Preserve, formerly known as America's Business Park, was purchased with Conservation Collier funds. The Interim Management Plan for the preserve was approved by the BCC on November 30, 2004, Agenda Item #16A3. A key management objective identified within the Interim Management Plan (section 1.0) is the restriction of unauthorized access. There has been unauthorized access by individuals dumping debris and driving all-terrain vehicles through the preserve. This is threatening the protection of the site, which consists mainly of rare scrub habitat. The Collier County Sheriffs Office (CCSO) requires a sworn statement by County staff to grant the CCSO pennission to enforce trespass laws. This is necessary to protect the preserve from unauthorized access by individuals who utilize the site for activities that are incompatible with the Intcrim Management Plan The Interim Management Plan, section 4.0, identifies Natural Resource Protection and Site Security as management objectives. Site Security (4.2) specifically authorizes "staff will request that CCSO patrol the area on a routine basis in an attempt to discourage illegal dumping and trespassing." Therefore, authorizing the County Manager or his designee to sign a police affidavit is a natural extension of the authorization already granted through the Interim Management Plan. FISCAL IMPACT: There is no fiscal impact to Collier County. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this Executive Summary for form and legal sufficiency. RECOMMENDA TION: That the Board of County Commissioners authorize the County Manager or his designee to sign a police affidavit against trespass at the Railhead Scrub Preserve pursuant to the Railhead Scrub Preserve Interim Management Plan. PREPARED BY: Melissa Hennig, Environmental Specialist, Environmental Services Department, CDES - !lemNumber: Item Summary: Meeting Date: Agenda lternNo.16A14 February 14. Z005 P;;ge2of2 COLLIER COUI'iTY BOARD Of COUNTY COMMISSION~RS 16A14 Re<:ommendation to eutho!i~e the County Maneger or his designee to sign II police l'Imdav~ llllilinlit trospass at the Railhead Scrup Preserve pl'fliuant to the Railh~ad Scrub Prttserve Illletim MlInllgement Plan 2/14/201J69:COOOAM Envlronm'Il'laISr-~ciaH"f D.. Prepared By M~i$....H<o"nj!l Cnmmllnlly DlI~..h:>llmel\t & EnvirQJlImlnUlfServl~.$ EnvironnmnblIS"rvic.... 1I30rl006B:!i$:1l8AM A"~"tilnIC'>lmlyAtt'-'m"t "'" Appl'OvedBy C,-,U....nGrIWJlll C,-,ont}'A"nm..y CmllltI'Attotn"'I'Oflk.. 1IJ6IZ00611:34AM "'ffi Approved By Consra!l<<A.J<I!l!l""n Op.&rationsAnalyst Community o..wlol'm..nl & C"mml.lnily Duvu!n",nent & EnvimnmullUiI Sftrv;ct!s Ellv;ro"m~ntal 5ervi"".~ Admin. 1/31iztl06111:311AM Apprtlved By """ Sundra L..a E...culhl~ S1>crmary Community n"velopment & ComnlltllUy DeY<J-h>pml>nt & EnvlmnnHlllUiISftrvices Environn,,,nUiISe,vic"l;Ad.mln. 1I31J1tI0610:40AM }\,ppl'llved By S'm'i",fnv;rollmflntalSiludaHl.1 Oal~ Jl,im,..ndraJ.SulfJeki C<Jmr...mityo..velopm..nt& E,w;mnm.,nlaIServi<;"$ Ellvilonm..ntaIS..",icllS ';311',Il{l~3,nPM tn~jrnnm.."talS"t'licesOi'''c\or om.. Allpr",'ed By WilliamD.L<ltt!I'l,J,,,".E. Co'n!llullilyo..voIol'l1'll'l1t& Env,ronmemalSf>lv;ces EnV;'''llmentaJ$lI:tviclltS V1/20OG8:4(}AM Approved By 0,,, JlIS<tpll K. Schmitt CDn"nu"ily~V<.tI"'pnwnt& ErlVlral1mentaIS"rvie""j; Commu.!ityO<lvuiaprn,mt& Env;t<>nn,..nllll Selvius Adm;n"t",tor C",mmOlnity D<,velopm>!!rrt.& E'I...ir<>nm..nlalS"lVi~ot~Allm'in. 21112ll0ii 7:411 f'M Adrn;";~lrnh",,Ass'$\"lIl Date Appruvl"d By OMBCoordi,.,ator County tJlanag..r'sO!fice otlicc <>fManagM,(>"t& l'ludg..r 2.'SI20C66:S!lJlM 8udg"tAnalY$1 Oat" Apllroved By Markl~tk$OO CounlyM"""-\l'.r'I<Offi~ Office <>f MlIn~ll.m""t ll, Blldl;lIt 21312G1l611:40AM C"untyM.."..gur "''' Approved By J.arr,1IS V. Mudd Board "rCo,,"ty Commi~,<i<m"ts CoutltyManag..r'"Ofllcll 2l3J21111$12:1aPM Agenda Item No. 16A15 February 14, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners waive the formal competition process and solicit quotes to seiect a consultant to update the General Government Building Impact Fee, with a cost not-to-exceed $50,000, due to an accelerated date of completion required to meet deadlines set forth by proposed legislation related to statutory guidance on impact fees OBJECTIVE: That the Board of County Commissioners (Board) waive the formal competition process and solicit quotes to select a consultant to update the General Government Building Impact Fee, with a cost not-to-exceed $50,000, due to an accelerated date of completion required to meet deadlines set forth by proposed legislation related to statutory guidance on impact fees. CONSIDERATIONS: On March 9, 2004, the Board of County Commissioners adopted Ordinance No. 2004-16, which amended Ordinance 2001-]3, the Collier County Consolidated Impact Fee Ordinance (CIFO), which is Chapter 74 of the Collier County Code of Laws and Ordinances (Code), and established the General Government Building Impact Fee. As set forth by the CIFO, the General Government Building Impact Fees are required to be reviewed and updated at least every three years in order to ensure that the impact fees are sufficient but do not exceed the reasonable cost of infrastructure and improvements needed to offset the demand creatcd by growth. However, in the two years since the adoption of the impact fee the cost of construction and land values have significantly increased and as such the impact fee revenues are insufficient to fund the proportionate share of the capital facilities necessitated by growth. While this impact fee is scheduled to be updated in 2007, there are no provisions that preclude undertaking an update study earlier than every three years, and in fact Section 74-502 of the Code states that "This chapter and the impact fee studies should be reviewed at least every three years. .. The update of this impact fee is particularly time sensitive because of proposed legislation for the 2006 Legislative Session which provides statutory authority with respect to impact fees and the administration of such funds. This type of oversight currently falls under the County's broad Home Rule Authority, but if such legislation is enacted will become statutory law, with a direct effect on Collier County, possibly as soon as July I, 2006. Current draft legislation does provide a limited "grandfather c]ause" for those impact fees adopted prior to July I, 2006, allowing such fees to remain effective until July 1,2008, at which time all impact fees must fully comply with the new law. - Given the pending July 2006 possible "grandfather" date, it is in the best interest of Collier County to secure a consultant to complete the General Government Buildings Impact Fee Update Study in the most expeditious manner possible. While the standard process for selecting a consultant to perform this update study would involve the Government Buildings Page 2 Agenda Item No. 16A15 February 14. 2006 Page 2 of4 preparation of a Request for Proposal, staff has reviewed the timeframes involved in that process and determined that after the RFP was written, advertised, in compliance with Purchasing Department policy, a selection committee convened to review the proposals and select a first ranked firm, an executive summary with the selection committee findings prepared in order for the Board to enter into a contract with the selected finn, then upon Board direction the Purchasing Department negotiate and finalize a contract with the selected firm and finally issue a notice to proceed, the process detailed above would require a minimum of eight weeks, assuming no scheduling conflicts, before any work could begin to update the impact fee. This would generate a start date of the last week in March, at the earliest, which leaves the consultant with less than a month to complete the study before staff would be required to begin the presentations to the Productivity Committee and Development Services Advisory Committee, before the formal adoption by the Board at the first meeting in May. Staff is requesting that the Board waive the requirements of the Request for Proposal (RFP) process and proceed directly with the Request for Quote (RFQ) process which will save approximately eight weeks of work time as staff can proceed with soliciting quotes, upon Board approval of this item. This request is made in the interest of accelerating the completion time for this update. The use of the RFQ process would allow the study process to begin shortly after a qualifying quote is accepted and would allow for completion of the update under the specified time frame, including the notice given between the formal adoption and effective date of the new fees. The requests for consulting services will be sent to firms with a proven and successful track record with Collier County, including a strong emphasis on the consultant's staff resources available and their ability to complete the study in a timely fashion, adhering to a set schedule. Upon receiving and evaluating the quotes, staff will present an award recommendation to the Community Development Services Administrator and the Purchasing/General Serviees Director, who will be authorized to award the work on behalf of the County provided Ihat the award does not exceed $50,000. FISCAL IMP ACT: There is no direct fiscal impact related to this request. Upon direction by the Board, staff will solicit proposals for a new consultant to complete the General Government Building Impact Fee Update Study. The cost of the study is not to exceed $50,000. General Government Building Impact Fee revenue from the applicable Impact Fee Trust Fund will fund the project. GROWTH MANAGEMENT IMPACT: The requirement to pay impact fees ensures that future development contributes its fair share to the cost of infrastructure and improvements to specified Public Facilities and is an essential element of the County's Growth Management Plan (GMP). Therefore, in recognition of changing growth patterns and population growth, the impact fees imposed should be reviewed and adjusted at least every three years to ensure the equitable and lawful imposition of the fees. Government Buildings Page 3 Agenda item No. 16A15 February 14, 2006 Page 3 014 LEGAL CONSIDERATIONS: The subject request is legally sufficient for Board consideration and approvaL RECOMMENDATION: That the Board of County Commissioners waive the formal competition process, authorize staff to solicit quotes and award contract to a consultant to update the General Government Building Impact Fee, with a cost not to exceed $50,000, due to an accelerated date of completion required to meet deadlines set forth by proposed legislation related to statutory guidance on impact fees. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Operations Support and Housing, CDES Item Number; IlemSummary: Meeting Dale: Agenda It.em No 16A15 February 14,2006 Page 4 014 COLLIER COUNTY eo/.RD OF COUNTY COMMISSiONERS 1M15 ReeommemlatiOrllhat ths Soard of County Commissiorler. weiw tile formal eompet~ion proceu and Golieil quOle. to select a con6u~arll 10 update thto General Go~ernmant Building Impact Fee due to 8n8ccelerated dalll ofcompletton requimd to meet deadlines sat forth by prnpou;d IIl1lil>latioo related 10 stalutoryguidam:n on impact foes Z/i4/20069:00:00AM lmp.llctFe"M""UIl"r '''''' P,-epllred By Am'lpatt......,,,, CommllnifyOe""lopmen1& En'llronmlllltllISIIlrv."".. Fll1ll:l1cilll Admin. & HOllsing 1130/2oo63:50:47f'M ApP,1)ndBy Pllrcnuinllllil"nt ""', Bl'<indaBrilh<lrt Admini,str..tivfl,Servic<ls Pun;huing 1/31l1l00ll <1:13 PM AcquisitiuuManag". Do. 11JllJ200G5:071'M Approved By MJIruHauor AlIminislrlIli""Smvi","" Pr.,ch"!J.if\\! Fin~r.ciall\dmin &. Housing Oiroclor ""'. Approved By Oen1ollB.llknr C"mmunllyDev<!loprnont& EIl<fi'<lnln.....;~IS"rvi~s Fi""",;ial Admil1. & Housl"!I 1:31/2MG11:1fiAM 0_ Appl'oved By eom,ta"." A. John....n Ol>emhr,"s AnaiV"1 C"mrtlunity Dn""l"pment & Community Dev"t<>pmnof &. E"Yir<ml!l~nt[lISIMV;"es Enviro",,,,,,,I,,1 SII.Y;CU Adm;n. 21112IlCiGl1:HIAM Appl'ovrd By Daln Sa",;ral.aa E",~"ullv" $ecr.m.ry Community tk!v"l"pment & Community DeV<llollrli!Htt &. Envilnmn"nlijlSl,!Vi""$ Envi,,,,,,n<lllt..l S"rvi"f1.. Admin. 2!1/100Gl:2oPM Approved By ""'" jo""'ph K. Schmitt C",nmu"il~ j),w..IGpm....t & E'lVironm"otaIS",v;""s Commnni!yp.,v"h'llment& !;;nvlrommmtal Se'y;""" Admi"~I,,,tH CDI"mun~y ~vtlul'm''"t & Elwirt""",ml11IS"rviea;;Admin. 2ftI20G~r,46 PM Appl'oved By J"rfKI*b:k<lw As~i~la"\: C,"'nty ^I1Qn1<J~ Daw C..unlyAtiurm'y CmlrltyAttenlll'yc>ffice lf2i2ooE7:45AM P"r<;ha~i"J1IG.m"r'dSvc~ Dirl>&tar Do" Appro\'ed By Stt>W~m<l11 A<lminilltnl.'11!IIServf~s PlIn:ilssi!lll ;mntl(\64:3~I'M Aclm;llisl'ati~o A~si..I.n1 0.0, Approved By OMSCQ<>rdinalo' C"ullt~Manag"'l'somMl AIIPl'o.'ed By M;cha..l Smykn"""l\i C"u"ly Ma..ag'fl"s Offiee Office "rM.."..I'I........n1.& Sudll"t V3il00€e,S9AM M."agemont 8. BIlllg"'l Dire"I,,' ""'" Offic" of Ma""ger.."nt & Bl,Idg<rt 2iGJ2G0612:46I'M Otlpuly C",,,,I'l' Mallallo, Dale Approvrd By l.~" E. Oeils, Jr, BOllHIof CGunty Commill;!O;o"fll"S c"u"ty Me""",,,"s 0IfiC<l Irfl2aO& 2:45 PM EXECUTIVE SUMMARY Agenda item No. 16B1 February 14, 2006 Page 1 of4 Recommendation to award bid #06-3934 "Pine Ridge Road / 1-75 Interchange Streetscape Beautification Project" landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $185,416.83 plus a 10% contingency of $18,541.68 for a total of $203,958.51. (Project #740461) OBJECTIVE: To provide landscape and irrigation installation on Pine Ridge Road 1-75 Interchange. CONSIDERATION: On December 9, 2005, the Purchasing Department sent notices to III vendors for bid #06-3934 Pine Ridge / 1-75 Interchange Streetscape Beautification project landscaping and irrigation installation. On January 3, 2006, a non-mandatory pre- bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. On January 12, 2006, three (3) bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Hannula Landscaping, Inc. was the lowest, qualificd biddcr. County costs for this project includc the cstimatcd impact and tapping fees for the cfflucnt water source ($817.00) and thc right-of-way pcrmitting ($600.00), for an estimated total of $1,417.00. - FISCAL IMPACT: Sufficient budget exists in Landscape Project Fund (112); project #740461 (1-75 Interchange on Pine Ridge Road) to complete this project. Thc total award amount needed to open a purchase order with Hannula Landscaping, Inc. is $185,4]6.83. With a 10% contingency or $18,54 J .68, the total project budgct equals $203,958.5]. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award bid #06-3934 "Pine Ridge Road ]-75 Interchange Streetscape Beautification Project" landscape and irrigation installation to Hannula Landscaping, Inc.; accept county costs totaling $1,417; and authorize thc Chairman to execute the standard contract aftcr review by the County Attorney's Office. Prepared by: Pamela Lulich, RLA, ASLA, Project Manager, Alternative Transportation Modes Attachments: Bid Tabulation #06-3934 - Item NlImber: ltemSlImmary; MeetingO.te: Agenda Item No. 16B1 February 1~. 2006 P<lge2014 COLLIER COUNTY 80ARO OF COUNTY COMr~f5SiONFRS 1581 Recommemlalion to ~ward bid #06_3934 Pine Ridge Road; 1.75 Interchange Street5car>e BeautlficalionProJeC1lal1dscapeandimgalionlnstallilti{lntoH~rmulaLandscaping,fnc. ata llasltamountof$t85,41683plu5ill0%comingencyen1e.5416810f1l1Otaler $203,958.!i1.(Projec!#74046i) 2/14f20009'OOcOOAM Oate P,'ep,u..,d By p"""gl3 J. Lulich TraIlSpnrlali""SIlN;C<l>S Proj"cIManall"r AII"m\rtiwTr",nspnrtllli"nM"des 1116iZo064:51:1tPM Pur~ha~;ng Agl>nt u.. Approved By B.."..:!aBrllh",rt AlImlnistral;"" S'..vk~s Pur~haslnll 1i1~120U6 9:11 AM Ar.qIJi:dllenMan3{lor 0_ Approl'ed By MilreHau... Admill;s:lrlltlv<>S"nr,cu Purcha>>,nll 111st20069:18AM Projfl"tMan"9<1r D., Approved By Paml'daJ,Lulkh TransportationSeJ'I'icf!s AlI"mlltiv..Tran~pomltionMode5 1IH1/11100 3:11 PM Dif1lctClrATM Director Oat<l Approl'tdBy Oian<tS.Flallg T.an"pIl.tali""S,m.k"" Alternaliv"T."m;poluli<l"MGd<J$ 11231~O0ll4:1!l PM Ma"alJ'lml!ntlBudgeIAnalyst """ Apfll'OI'MBy Olo.i;.IH..fr.rlI Tr""Sloorl<ll;ons..nr,oo.. 5t,,,,nwal,,rf,lanag,,,,,,,,,t 1124!200\;H.,261'''' r{l.n~p"rtatl"n\)iv;~ioIlAdminid'llt<>r om. Approved By NonnE.F..d..r,AICP Tmn"portalionS..""k.... Tran.l,,,.rtatiilIlS,,,,,ic<tsA<lmill. 112&1ZaD61:19AM p",,,ha,,ing!GoneflltSvcsO,r,,dor D., App'"oved By ShNeCam.1I Admin;"trat,veS"",icu Purchasing 1/1fiI2(J1l67:5lI?M Af,C<>llOtingSup"",isor 0.. Approved By Sh..,vnNewman Transp",tJltiflfISel'Vlr;<lS Tra..,.port;'lionS..rvicIl5Admin 1!'f)1200~1:46 PM ProjllcIManag<l>' om, Approl'edBy Boi>P",ef$ftn Trang,portaUon S"l"Vi~..", Ai'l"m8bv~ Tm"..pmtati'm M,,\k>S 1J3W2(rOO3,OSPM E;u";utiY~s..cr..tIlry Oal" Approl'fd By Pa:tLehnha,d Tranl>f'"rtati"nS"rvice", Tr;m"'rortati,wS.."'irA'!.\;Admin 11~OilO!l~ ~:MI PM Administra\i""A..",istam "". Appf'Und By OMl'lCoof<lmator County MatJag<l>.'s Offica Offi""nf Miln8g_n1& a"dgat 113o/1M64:2SPM Budllel;Anal:f"l. D.. ApproVlld By MIllt..lsack'$on CountyMan~g.fsOftiC" Otfite or Management & BIl<lger 1/311200& 4:58 PM DeputyCollntyManlllJllr om, Approved By Leo E.OChs,J., Bondore,,"nty Comm;$$IOnll's C",,,,ty Ma""l1ur's om".. ZI;l1200il1:01AM Project Mgr.: Pam Lulil;h Date Posted: 12-9--05 Date Due: '.12-06 810:06-3934 "Pine Ridge Road 1-75 Interchange Streelscape Beauti1icalion Projec I" Addendums: 1 Agenda Item No. 1681 February 14, 2006 No~I1!I:Gf14 PackagesR9I:luested: 4 Bids Received: 3 COLLIER COUNTY BID NO. 06-3934 COLLIER COUNTY PROJECT NO. 74046 PINE RIDGE ROAD & 1-75 INTERCHANGE - STREETSCAPE BEAUT1F1CA nON PROJECT Date'07/27105 REV 11-7-05 REV. 01/03/06 II. MATERIALS & WORK BID SCHEDULE AralolaBros Hannula Vila & Sons Section I Bid Item 100seri tion E>t Unit UnitCollt Total Cost Unit Cost Total Cost UnltCosl Total Cost PINE RIDGE ROAD & 1-75 INTERCHANGE BASE BID GENERAL PROJECT ITEMS PAYMENT & PERFORMANCE BOND ; ". . 4,50000 . 4.500.00 . 3.995,00 S 3,995.00 . 1,395.00 S 1.395.00 MAINTENANCE OF TRAFFIC ; E,. $20,000.00 . 20.000.00 . 2.500.00 S 2,500.00 . 2,500.00 , 2,500.00 AS-BUlL TIRECORD PLANS (provide and malntian per contract documents) lEa. . 1.500.00 . 1.500.00 . 300.00 S 30000 . 350.00 $ 350,00 Subtotal Section $26,000.00 , 6,795.00 $ 4,245,00 PLANT MATERIALS Palms & Trees Plant unit pric.s 10 inctude planting baekflll per notes orspecifieati 01'15. JM.Jaearanda mimosi1olia, Jacaranda 20-25 hI., 6-8" caL Specimen 13Ea , 75000 . 9,750.00 . 334.00 $ 4,342.00 . 870,00 . 11.310.00 CC-Capparis cynophallophora, Jamaica Caper 25 gal.. 5'.1'!' hL, 4' spr.. 2.5" eal 139Ea $ 275.00 . 38.225,00 . 142.00 . 19.738,00 . 172.00 . 23,908.00 RE-Roystoniaelala, Florida Royal palm 3'9w 18Ea . 550.00 $ 9,900.00 . 400.00 . 7.200.00 . 405.00 . 7,290.00 RE.Roysloniaetala. Florida Royalpalm5'gw 58 Ea. . 875.00 . 50,750.00 . 634.00 . 36,772,00 $ 735,00 . 42,630.00 RE-Royslonla elata, Florida Royalpalm8'gw " E, . 1,539.00 . 93.879.00 . 1,135.00 . 69.235,00 . 1.075.00 . 65,575.00 Turf-8ahiagrass.Sodlortreeareas 18912S,F. $ 0.25 . 4,728,00 . 0.19 . 3.593.28 . 0.16 . 3,404.16 Turf-Bahia grass,Sod tor irrigation lrenching operations 9891 S,F . 0.25 . 2.472.75 . 0.30 . 2,967.30 . 0.20 . 1,978.20 SublotalSeclionll $209.704.75 143.847-58 , 156.095.36 Subtotal Section I &11 $ 235,704,75 . 150,642.58 . 160,340.36 GC-P-2a Page 1 012 Project Mgr.: Pam Lulich DateposlEKI: 12.9-05 Dale Due: 1.12.06 810:06.3934 'Pine Ridge Road 1-75 Interchange Streetscape Beaulifica~on Project" Addenaums: 1 Agenda Item No. 1681 February 14, 2006 No~~ 6114 Packages Ref{uested: 4 Bids Received: 3 '" ArazozaBros Hannula Vila & Sons section I Bid Item I Oescr! '" Eat.Qt. Unit Unit Cost Total Cost UnltCo$t Total Coat Unit Cost Total Cost ~IN~ I-(IDGE ROAD & 1-15 NTERCHANGE IRRIGATION MATERIALS IrrigaMnsyslemSQurces:Conneclionloexistingre-usewaterzonas H, 1,500.00 6,000,00 390.00 1.560.00 150.00 600.00 Lateral line piping to baClass 160PVCpipe-Referloplanorpipes izing schematics for sizes. Minimum piping tram sprinkler to splinkler shall be 1" Piping from sprinkler row to sprinklar row shall be 1.114". (INCLUDE COST IN {INCLUDE COST IN (INCLUDE COST IN All pipe to be reuse water color coded. SPRINKLER HEAD PRICING) SPRINKLER HEAD PRICING} SPRINKLER HEAD PRICING] Taro FB-50-PC, .50 GPM or FB-25-PC, .25 GPM Pressure compensallng flood bubbler nozzle. 2 per designaled tree. Refer to plans lor trees and lIowdesigna lion. 578Ea 50.00 28,900.00 30.95 17.889,10 31.20 18.033.60 Toro FB.25-PC. .25 GPM Pressure compensating flOOd bubbler nozzle 2 per desigl1ated tree. To replace existing nozzles at Magnolia trees 112Ea. 50.00 5.600,00 30.95 3,466.40 18,90 2.115.80 Subtotal Section III 40,500.00 22.915,50 20.750.40 INSTAl LED SITE MA TFRIAI S Mulch-(Color Enhanced Eucaiyptus Blend by Forestry Resourses or IIq uel.) 2cu, II. bag 635.8 Bags 600 3,814.80 5.44 3,458.75 4.45 2.829.31 SublotalSe<::tionI 3814.80 3,458.75 2.829.31 WORK AREA MO'NlNG Mow all lour quadrants lrom the back of curb or pavement adglllo the Right-ol-Way Iimrts lor the length 01 thll proposad plantings; also to include the triangl e shaped medians located withinthesouthweslandnortheastquadranl. 10 Mows 3,000,00 30000.00 840,00 8,400,00 720.00 7,200,00 Subtotal Section 30,000.00 8.400,00 7,200.00 TOTAL BASE BID SECTIONS I through $ 310.019.55 $ 185,416.83 191,120.07 AddendumsAcknowledged Y y Y MlIterialManufaclures y y y List of Subcontractors Y y Y St.atementofExperillnceofBidde y y y Trench Safety A Y y Y Bid Bond Y Y Y IV V NOTES: ALL QUANTITIES & MEASUREMENTS L!STED IN THE MATERIALS & WORK BID SCHEDULE ARE PLAN TAKE-oFF ESTIMATES SUBJECT TO FINAL ON-SITE QUANTITY ANDlOR MEASUREMENT VERIFICATIONS. REVIEW EXHIBIT H "INTENT OF CONTRACT DOCUMENTS", 1.1 THRU 1.3 Opening Agent: B...ndaBrtlhart Witness: CDurtneyGrDsman GC-P-2b Pagll2of2 Agenda Item No. 16B2 February 14, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve one (1) Adopt-a-Road Program Agreement at no cost to the County because of already existing signs. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement signed by the volunteer group of certain adopted roadway under the Collier County Adopt-a- Road Program. CONSIDERATIONS: That the volunteer group so named be recognized as the sponsor of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: There is no cost associated with this Agreement because these signs already exist. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: ASAP Signing Agency of Ana Patino, Inc. as the sponsor of the listed roadway and that the Board of County Commissioners authorize its Chairman to execute one (1) Agreement on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Oept. Attachment: Agreement (1) IlemNumber: IlemSummary: MeetIng Date: Agenda Item No. 1682 February 14, 20GB P"ge2of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "82 Rscammands 8oard's Approval af Aaopl-A.-Road Agreemenl P) for tha fallowing ,",SAP SigningAgencyolAnaPalino.!nc. 2114!200G9,OO:OOAM Admlnir.trativ"S..c'rot..ry 0.. Prepal'edRy MargarelA.R3mos Tranllpol1atlonfi..rvices RORdMailltenRnCl> 111,mOO&Z,U,51PM Tnm"portlltion Divbi<ln Adminis.lnnor 0.. Appl'oved By Norm E. hd..r, A1CP TransportatiorlS..nr;ces Transl'ortnt;onS..rvic.."Admirl. 1I17fl0tl6t:otAM A""isl"ntCCl.lntyAIt<>me'l ".. AppnlndBy Jl!lffKlatzkow County Atlnr""y Cl>urrtv Attom<lY Officti 1!21i2lt061l:1le.AM Accollnllll\l$UlWfYi"or 0,,, ApPNlvedBy ShllronNewman Tra"sportatlonS<lrv'!;Os Trnnsportll'llolllh.rvl<.,uAdmio 1i3l1i200112:4I1PM Approved By 0.. RookmlnNalltn Tr:tosporlsU<>IlS<!rvkns M"rll.gem"nl1[JlId!.!"tAnaly~1 T....m'portlllit>tl EIl11inoorin(l and C""$tr~ction 113OJ20~3:10!>M Rvads M/I;nlG!'al\c~SulWrinl"llllalll Oore Approved By Jt>IIOVlili1 TfQIlSportlll'ioIlS..rvic"" R""dMa.int\>nance 113lt12otlGH11P'M f.~"c.n~St!"t,,\:I:\ry ".. Appl'oved By Pal Lehnh.rd Trlln"portlrilonServl"",s Trort~p<"til.ti"nS"f\{lc"sAdm;o 1!31ilOO& 2:4$ AM AdmlnistrMlv"AGSistanl ".. Approved By OMBC"".dlnal<lr Cnllnlytlllmager'sOffic.. Offl""of Mon"gN1"m..t&.Oudg"l 1.'311211GS1:37 PM Approved By e",ig<rtAllIllye' 0"" Mart\h;ckson ComltyM'l<n1lllnr'Somca Of!icoolMan:tll"m'JIlI&Sodll"t 1i31IIOOG2:<<?M Deputy County MlInage' 0.. Appl'oved By Le"e.ocl1l1<Jt, f!o...dofCoonly Comm;ssioner& Cnun;yM"''''!laF..Ofllc" 113111000S:51PM Agenda Item No. 1682 February 14, 2006 Page 3 of 6 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions y..L '--.c THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ;'-1 day of &(c',"C; , 20f!b by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, ASAP Signing Agency of Ana Patino (hereinafter the "GROUP"), whose address is 261 Golden Gate Blvd. E., Naples Florida 34120 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as White Boulevard from Collier Blvd to 23"' St SW (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least ] 4 years of age and the GROUP shall provide at least one adnlt supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a Agenda Item No. 16B2 February 14, 2006 Page 4 of 6 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier COIlllty Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litteT on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on hridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety ve:;ts, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 Agenda Item No. 1682 February 14. 2006 Page 5 of6 .-- B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or eaneel the program at any time. Upon the termination of this Agreement by eitheI party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 Agenda Item No. 16B2 February 14, 2006 Page 6 of 6 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dale written above. AITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, CHAIRMAN GROUP: ASAP Signing Agency of Ana Patino BY:~'~ ~ ... :-1S.:~~.~~..,.\n~(\", Title (print): ~'t'€~ 6.. ,,:I,. Phone # (day): (';).?,a. '\ ::">"=>'d..-l.\G"'A Phone # (night): ~';}.CA\ '2:G..~-~\'i>-. Approved as to torm and legal sufficiency: J effrcy A. Klatzkow Assistant County Attorney 4 Agenda Item No. 1663 February 14, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve selection committee ranking of three firms for negotiations for RFP 06-3931 "Professional Design and Related Services for Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040 OBJECTIVE: To receive Board approval of Committee's ranking of firms for professional design and related services for Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, and authorization to begin contract negotiations for subsequesnt Board approval. CONSIDERATIONS: The Request for Proposal (RFP) was publicly advertised December 7, 2005, in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act. Notices were sent to 50 firms, 24 packages were requested and 8 responses were received by the due date of January 6, 2006. The Committee reviewed the eight (8) proposals and selected the top three (3) firms. The final ranking, established by consensus vote of the committee, is submitted for approval and contract negotiations as follows: I. Stanley Consultants 2. Parsons Brinckerhoff Quade and Douglas 3. Wilson Miller The design services will provide contract plans for expansion of the two-lane roadway to a four-lane roadway within a six-lane configuration. FISCAL IMPACT: There is no fiscal impact associated with the ranking of these firms. GROWTH MANAGEMENT IMPACT: There is no grov.1h management impact associated with the ranking of these firms, however the expansion of Golden Gate Boulevard is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners; (I) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the selected firms, in the order of their ranking. Prepared By: Gary R. Putaansuu, P.E., Senior Project Manager, TECM .--, Item Number. Item Summary: Meeting Date: Agenda IternNo. 16B3 February 14. 20D6 P8ge2of2 COLLIER COlJNTY BOARD 0;0 COUNTY COMMISSIONER:> 1683 Recomm..n<lal;on to aPjlrove seiectitm corrimiltee ranking of three firms tor negotiatiot'lS lor RFP 06.3931 "Prcressio,',al Design and Relatod Servicl"s 1m Golden Gale Boulevard from WII$on Boulevard to DtE~oto BOLJlevan:l. Proiacl ND_ 60040. 2J14/200t1900:00AM IkcuunlinIlSllp..",iso, M. Approved By Slla,onJ\lllwman T'an~pj)rtatij)n&"tVl"'~ TrdilSp<lrtutu>nRMVic""Admin 1/3(1/2006 5:~S PM Di,.,ctor 0.. Approved By NajellAllmad Tton~portalitlnS""'~$ Transpotllitlotl En~'noonnll & COlIst'u<:t;o!1M.lImllJ(!""....t mtl20M 8:54 AM Ell~cUtiv", S~"ret1ry Dal.. Approved By Pal LlIhnh.mt Trllusportat;ons.ervices T,a"'''l)ortalio"Se",iwliA<lmill t1:l1!20W9,Z2AM AdrnlFlj~!rnti'ffl AGs;sltnt """ Appl'ovedBy OMBC....'dinalo' CountyMltila!l...r'$Off;~e Offit~ (>f Mll"ltgem'mt &. Budget 1/~li20Qe 2:12 PM Manltlt<lmem & Bullg". Di~ct"'t p.,le Appl'oved By M;th.."iSm~k<lws;kl C<>""ty Man'''J....-s omce Ol'ficeotMn""\Jl>ment&B"dg..t 2ISI100S12:44PM Cou"lyManllge, 0.. Approved By Jame"V.Mudd Bo..,d,,1County C<>mmls"ionm5 Cnunty Managflr'e Offictl 2i112006S:3!lf\M Agenda Item No. 1684 February 14, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a Sale and Purchase Agreement for the sale of County-owned property located North of Golden Gate Parkway and East of Goodlette-Frank Road. (Estimated fiscal impact: $465,240.90). OBJECTIVE: To sell a portion of the 50.36 acre property purchased by the County in March 2004, which has since been severed from the parent tract by the construction of the continuous right turn lane from west-bound Golden Gate Parkway onto north-bound Goodlette-Frank Road, and thereby recouping a portion of the County's expenditures for the land. CONSIDERATIONS: On March 29, 2004, Collier County closed on the purchase of 50.36 acres located at the northeast corner of the intersection of Golden Gate Parkway and Goodlette-Frank Road to be used for roadway and stonnwater management purposes. The purchase price was $19,200,000. The construction of the continuous right turn lane from west-bound Golden Gate Parkway onto north-bound Goodlette-Frank Road has severed a small triangular portion of the property from the larger parent tract, and the only abutting property owner (the owner of the bank and bowling alley properties to the west of the subject property) has offered to purchase this triangular parcel from the County. The purchase property and the sale property are shown on the attached aerial photograph. In accordance with Florida Statutes, Section 125.35, County owned property may be sold to an abutting land owner through a private sale without seeking sealed bids and without publishing notices in the newspaper only if it is detennined that the parcel is of"... insufficient size and shape to be issued a building permit for any type of development to be constructed on the property." Since the County has no pressing need for the small triangular piece of property, and it would be in the best interests of the County to return it to the tax rolls and see it incorporated into the development of the adjacent property, the land development and planning staff conducted the necessary research into the City of Naples zoning regulations, and the environmental characteristics of the 26,005.64 square foot triangular piece of property, and have determined that, after allowing for setbacks and environmental preserve areas, the property is of insufficient size and shape for a building permit to be issued for any type of development to be constructed on the property. Thus, it qualifies for private sale to the abutter. The sale price was determined by applying an annual appreciation rate of 15% to the original purchase price for the property (in March 2004) and arriving at a present-day value for the land. [n March 2004, as part of the parent tract parcel which enjoyed "HC" (Highway Commercial) zoning, the County paid $14.3 I per square foot for this triangular-shaped parcel. Applying an appreciation rate of 15% annually since the date of purchase brings the present-day sale price to $17.89 per square foot. Multiplying the area (26,005.64 square feet) times $17.89 per square foot, yields a current sale price of $465,240.90. FISCAL IMPACT: Proceeds from the sale in the amount 01'$465,240.90 will be deposited into the Goodlette Frank Road project 60005 under the Gas Tax Fund (313). ~ Agenda Item No. 1684 February 14, 2006 Page 2 of 10 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, finds that the property is of insufficient size and shape for a building permit to be issued for any type of development to be constructed on the property, and that it is in the best interests of the County to sell the property in accordance with the provisions of Section l25.35, F.S.; and the Board does hereby: 1. Approve the attached Sale and Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize its Chairman to execute a statutory deed for the property; and 4. Authorize staff to deliver said deed to the purchaser at closing. Prepared bv: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM Attachments: (I) Sale and Purchase Agreement; (2) Statutory Deed; (3) Exhibit (Aerial Photograph) IlemNllmber. IlemSummary: MeellngOate: ft.gemla ite-mNO.16B4 February 14. 2006 Page3of10 COLLIER COIJIHY BOA~t) Of C0UNTY (;0Ml'.lIS$IOl\;:H:i 1584 Recommendati{ln 10 approve a Sale and Purcnau Agreement for the sale of County awned property localed NOrlll of Golden Gale Parkwa~ and East of Goodletle"Frank Road. (EslimalefiscalimpaClS46S.240.S0) 2/1412QOBS:OO:QOAM Righi Of WM.y A<:quisitioll Mn"nger 0.. Prepared By K~lnHqlld';cks T...n&p"rtati"nServk"~ TEeM.ROW 11271101l6):%S:(l$PM Rillllt 01 Way Acq,,;~ltiM Manall"r om, Approved By K"";nH<'In,:hi~ks Tral'l5"ortali.mS<lfV;Ce" TEeM-ROW 11Z71l000:J:Z&PM Tran~portBt;oN P;v;,.jiH\Admi";~lrlill'>r 0.. Approved By Norm E. red"r,AJCP TmnspottaflonSorvil':es Transp"rtation Sarv;"..s Aomin. 1131/200G7;SOAM Di...dot om, Approved By NajehAhmad Tllln"l>ortali"nSe",j~e5. Tmn~p<lrtalj"nEn\lin\wrinll& CtlnatNcti"lIM'lns'1"numt 11)11;:1l){1S11;S2AM SharonN..wm..n AC~"1Jn1;nllS"jl"fI'bs"r ".,. Approved By Tra,,:sp"rtI!l;onS<:trv;C<I:S Tr,Hlsp<>>t<ltionSeoyk.,,,Admln 113111GOG1;1l7PM App,'oved By Pall..hnh..r<l Tr<lMpoflatl'lNS..rvi<:'''5 El<..wli"..s..crolary Oat.. Tr...nsportalions..rYi~e"Adm;n 1131:2601>1:13 PM Aom;"it>trotivaA""i"tilnt ... Approved By OMS Cc.,rdrn31or C""nly Manall"r'~ om",.. otfi<:.~ 01 Mliln"lI"mon~ & Budllll' 11311l!O(l61;43PM S<!ni<>r Mal",uemMliSudg<lt An..lysl D'. Approved By S"""nU:she. CQuntyMilnau",'"Offk" Olllce 01 lIJI'I!1;({l''''l'",U & 8udlloM V61Xl063:57PM naputyCounty Mll"'~ll..r "",. Approved By Lf!nE.Ochs,Jr. Bo~r<l..fC"unly Ccmmis..j<.tIHH'S Cou"lyM..na\lllr'sQfrj<:e 21712UOG';09PM Agenda Item No. 16B4 February 14, 2006 Page 4 of 10 50.36 ACRE PURCHASE PROPERTY WITH SALE PROPERTY CROSS-HATCHED Agenda Item No. 1 84 February 14, 2 06 Page 5 0 10 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2006, by and between 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 "Owne~'), and 2150 N. GOODLETTE ROAD, INC., a Florida corporation, whose maiiing address is 2900 SW 28th Terrace, 5th Floor, Miami, Florida 33133 (hereinafter referred to as "Purchase~'). WHEREAS, Owner owns a fee estate in certain land described in Exhibit "A" (hereinafter referred to as the "Property"). which is attached hereto and made a part of this Agreement, which land is of insufficient size and shape to be issued a building permit for any type of development; and WHEREAS, Owner desires to convey the Property to Purchaser on the terms and conditions set forth herein. and in accordance with Section 125.35(2), Florida Statutes; and WHEREAS, Purchaser owns land adjacent to the Property and has agreed to compensate Owner for conveyance of the Property based on its potential when combined with Purchaser's adjacent land; and WHEREAS, neither road construction nor utilities installation constitutes development as contemplated by statute, and It is in the best interest of the public to sell the Property. NOW THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration. the receipt and sufficiency of which is hereby mutuaily acknowledged, it is agreed by and between the parties as foilows: 1. Ail of the above RECITALS are true and correct and are hereby expressiy incorporated herein by reference as if set forth fuily below, and ail Exhibits referenced herein are made a part of this Agreement. 2. Owner shail convey the Property to Purchaser for the sum of: $465.240.90 (said transaction hereinafter referred to as the "Cioslng"). Said payment to Owner shall be fuil compensation for the Property conveyed, including ail landscaping, trees, shrubs, improvements, and fixtures located thereon. 3. Owner shall convey a marketabie title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shail be determined according to the applicable title standards adopted by the Florida Bar and In accordance with law. Prior to the Closing, Owner shail cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowiedged, in recordable form (hereinafter referred to as "Closing Documents"): (a) Warranty Deed; (b) Closing Statement; and (c) Any other document required by the Title Insurance Company issuing titie insurance to the Purchaser. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of Sale and Purchase Agreement Agenda Item NO.1 B4 February 14, 2 06 Page 2 Page 6 0 10 execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, property executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchase~s enjoyment of the Property. At Closing. Purchaser shall make payment to Owner and Owner shall deliver the Closing Documents to Purchaser In a form acceptabie to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Purchaser is aware and understands that the "offer" to sell the Property represented by this Agreement is subject to the approval of the Board of County Commissioners of Collier County, Florida. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has eny right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so iong as this Agreement remains In force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction. advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending Of threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owne~s representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Ciosing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the Sale and Purchase Agreement Agenda Item No. 1 B4 February 14, 2 06 Page 3 Page7010 physical condition of the Property or the governmental ordinances or laws governing same. (h) To the best of Owner's knowledge and belief and Its investigation, the Property and all uses of the Property have been and presently are in compliance with ail Federal. State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specificaily disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be soid to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. . 8. Owner shail pay all fees to record any curative instruments required to clear title. Purchaser shail pay all fees to record the Warranty Deed. g. The parties acknowledge that the only adjacent property not owned by Owner belongs to Purchaser, and Purchaser acknowledges that it has received notice of this Intended action due to its privity to this agreement, and hereby waives any further notice requirement pursuant to Section 125.35 (2), Florida Statutes. 10. This Agreement and the terms and provisions hereof shail be effective as of the date this Agreement is executed by both parties and shail inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including ail exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements. undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual canceilation of this Agreement shail be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 12. Should any part of this Agreement be found to be invalid, then such Invalid part shail be severed from the Agreement, and the remaining provisions of this Agreement shail remain in fuil force and effect and not be affected by such invalidity. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. Sale and Purchase Agreement Agenda item No.1 84 February 14, 2 06 Page 4 Page 8 0 10 IN WITNESS WHEREOF. the parties hereto have executed this Agreement on this.. < ~ day of < 20_. AS TO OWNER: DATED: /- ,. ATTEST: DWiGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Frank Halas, Chairman AS TO PURCHASER: 2150 N. GOODLETTE ROAD,INC., a Florida corporation /L--. V- (tignature) '!k>J- Witness (S' re) 'if /-J f6 L (( L 'f I{ If UI Name (Print or Type) rol...."......, ci G\".^"\1~ Name (Prin]t orJype) 0,,), f- Corporate Title Approved as to form and legal sufficiency: ~~~ Ellen T. Chadwell Assistant County Attorney , 24.00' ADOITIONAL RIGHT -OF -WAY PER O.R. BOOK 2053 PAGE 1671 AND O.R. BOOK 2053 PAGE 1687 \. w en "" m n en <Xl 2 00 \. ,<:()<1.- ~ J'.jO:, q.~ "'..:>, (' ,s., .-0 0-_, ->'~ ~, 1/_ U" "Y "'6" ->')... 'J'.' "'., 0 ~ ' ~ , ~ " ~ 1 204.83' \, '\'" ~('4 \ 1 \1 \} . \ \1 \ 1\ \ I \ I \ I I : 1 : 1 : I : I : I : I / \. \. PART OF LOT 8 NOO'16'50"W POB (J) f- a -' LOT 8 201 o gl to .wl ~I m ~I <Xl 21 1 1 I 1 pac T GOODLETTE -FRANK ROAD (R/W VARIES) E., gen a tern February 1 Page . 16B4 ,2006 of 10 NOTES 1. BEARINGS ARE BASED ON THE NORTH BOUNDAR'!' LINE OF LOT a. NAPLES IMPRCV[MENT COMPANY'S UTILE FARMS, AS BEING N89'39'59~E 2. THIS PROPERTY IS SUBJECT TO ANY FACTS THAT MAY BE REVEALED WITH A FUll AND ACCURATE TITLE SEARCH. 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. LEGAl. DESCRlPl10N A PORTION OF LOT B. NAPLES IMROVEMENT COMPANY'S LITTLE FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF GOODLETTE-FRANK ROAD AND THE NORTH LINE OF LOT 8, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 2, SAID POINT LYING 20 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE N.89'39'59"E. ALONG SAID NORTH LINE OF LOT 8, A DISTANCE OF 600.00' TO THE POINT OF BEGINNING; THENCE CONTINUE AlONG SAID NORTH LINE OF lOT 8 N.89'39'59~E.. A DISTANCE OF 253.93 FEET TO THE NORTHWESTERLY RIGHT-OF"-WAY LINE OF GOLDEN GATE PARKWAY; THENCE S.50"47'50"W. ALONG SAID RIGHT-Of-WAY LINE, A DISTANCE OF 326.39 FEET; THENCE N.00"1S'50"W.. A DISTANCE OF 204.83 FEET TO THE POINT OF BEGINNING. CONTAINING 26,005.64 SQUARE FEET OR 0.5970 ACRES, MORE OR LESS. - SCAlE: 1. . 1 00' \ '-- 'J'I o 2))0 100 GRAPHIC SCAlE 1 '"" LECEND R!W _ ~ - NICLF = RIGHT-Of-WAY CENTERLINE NAPLES IMPROVEMENT COMPANY LITTLE FARMS POINT OF BEGINNING POINT OF COMMENCEMENT POB = POC '"' SURVEYOR'S CERTIFICATE FOR THE EXCLUSIVE USE OF: COLLIER COUNTY TRANSPORTATION DIVISION AfT. .s.M. (FOR THE FIRM) O. 834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WI,..,"" -=-- _..............."'-.........-.~- -.... ----_._-_.__.,.._._-- Jon 13,2006 - 10:4412 TOS90RNElx\SUR\N82~5\COROEN RIVER QUALITY PARK\lG-181,d..g _... ear N8235-006-002 1 OF 1 ... --... IG-181 Agenda Item No. 16B4 February 14, 2006 Page 10 of 10 STATUTORY DEED THIS DEED, made this _ day of . 20_, by COLLIER COUNTY, a political subdivision of the State of Fiorida, whose mailing address is 3301 Tamiami Trail East. Naples, Fiorida 34112. (hereinafter referred to as "Grantor"). to 2150 N. GOODLETTE ROAD, INC., a Florida corporation, whose mailing address is 2900 SW 28th Terrace, 5th Floor, Miami. Fiorida 33133 (hereinafter referred to as "Grantee"). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars. ($10.00) 10 it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County. Florida: See Exhibll "A" (attached hereto and made a part hereof.) Subject to easements, restrictions, and reservations of record, and specifically reserving unto the Grantor a Drainage Easement of the same nature and character as legally described in that certain Drainage Easement acquired by the Grantor and recorded in OR Book 2053, Pages 1708 through 1720, of the pubiic records of Collier County. Florida, a portion of which is located in the northeast corner of the subject property. IN WITNESS WHEREOF the said Grantor has caused lhese presenls to be executed In lis name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLliER COUNTY, FLORIDA , Deputy Clerk By: Frank Halas, Chairman (OFFICIAL SEAL) Agenda item No. 1665 February 14, 2006 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve and cxecute a Draiuage and Pond Usage Agreement and to accept a Non-exclusive Drainage Easement from Royal Poinciana Golf Club, Iuc., necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road. (Project No. 60005). (Fiscal Impact: $27.00) OBJECTIVE: To obtain approval for acquisition of easement interests necessary for the construction of the Goodlette-Frank Road six-lane improvement project from Golden Gate Parkway to Pine Ridge Road (Project No. 60005). CONSIDERATIONS: On June 14, 2005 the Board of County Commissioners approved Resolution 2005-223, item 16B(8) authorizing the acquisition by gift or purchase of fee simple interests and/or perpetual or temporary easement interests necessary for the construction of six-lane improvements to Goodlette-Frank Road. In order to obtain necessary Environmental Resource Permits issued by the South Florida Water Management District to improve Goodlette-Frank Road, it was proposed to enter into a Drainage and Pond Usage Agreement and obtain a Drainage Easement from Royal Poinciana Golf Club, Inc., in order to provide for storage, treatment, and transfer of roadway stormwater discharge. The County shall construct such facilities as are necessary to provide for delivery of outflow to the existing pond system at Royal Poinciana Golf Club, and the owner shall be responsible for any necessary maintenance within the existing ponds. As consideration for entering into this Pond Usage Agreement and Drainage Easement, the County agrees to work with Royal Poinciana Golf Club in the relocation of their main entrance to Burning Tree Drive, including the donation of existing traffic light equipment currently located at the entrance to Royal Poinciana Golf Club for relocation to the new club entrance. FISCAL IMP ACT: Construction of dIainage and water management facilities described herein is part of the Goodlette-Frank Road Project No. 60005. Payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Donation of existing traffic light equipment for relocation to proposed entrance will require no additional funding. Recording fees for the Drainage Easement are $27.00. Source of funds are gas tax and road impact fees. "-~ Agenda Item No. 1685 February 14, 2006 Page 2 of 13 GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the six-lane improvements to Goodlette-Frank Road (Project No. 60005) are an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the Drainage and Pond Usage Agreement and authorize its Chairman to execute same on behalf ofthe Board; and 2. Authorize the acceptance and recordation of the Drainage Easement. Prepared bv: Paul Young, Property Acquisition Specialist, TECM Right of Way Attachments: (l) Drainage and Pond Use Agreement with 3 exhibits; (2) Drainage Easement with I exhibit IlemNumber. Item Summary: Meeling Dale: ^gendaltem No. 16BS February 14, 2G06 Page 3 of13 COLLIER CO\!NTY BOARD OF COUfli;Y COMMISSIONERS 1585 Recommendation to approve and execute a Drainage llnd Pond Usage Agreement and to accept a Non-exclusive Drainage E3S11rnent from Ro~al Poinciana Gall Club, Inc., necessary forthecorrslructionotroadWlly,dr>linageandutllitylmprovememareq..IIredfprlhesl)(-llll1e e;qJansion ofGomjlettll-Frllnk Road from GOlden Gllla Pllrkwayto Pine Ridge Road. (P'oject No. 60005), (Flecallmpact: ~27,OO) 2i1412000R'GO:OOAM ..... Prepared By PaulYollng Tran$pl>rtatil>nServi<:es PropartyAequieitll>I1Spetliilist TECM4{OW 113t1IZ0061t1:n:S&AM - App'"'lVedBy G3ryPutllallSUl,I TI'31l"pol'la.ti",n&lrvil'e!l Sf!niorProja<;tMar>ager TransportaliollEl1g1net!ringallG Construction 113(1f7tlOGZ:.oIZPM 1M, Appro~ed By ShuronNeWtTl'l1l Tral'l$portatlonSarvilOilS AelOounlingSupo,vi!",r Tr:JInsport:JItion Silwict!s Admin 1130IW064:S&PM O:JIle AJlpl.o~ed By NormE,Fed..r,AICP Trao~p"rtatlon St!rvi<:..s Trill'lq",rIIlllonPivisio"Adminislralor Tr"n$p.,rtati'ms..rvi~"$Admin. 1!!1I:ro057:S4AM Oat. Appl"owdBy N;lj.hAhmad Trnnspo!1atlollSt!I"I'j""s Oit"ctor Trllospml..ti"" Englnetlrinll& CoostruclionManaytll1lll!1t 11311200GS:SJAM App,.o~ed By Date K.....intkmdricks Tr"""pnrtlltionSf!rvict!6 Right DfWay Acqu;sltion Men"'jjH TECM-ROW 11311Z00G11:32AM O~ Appro~ed By PdL"lm!Htd Trllnsp"rt~t;on S..rvi<:<ls E"ceuthmS,,~rotIIry Transp""lati.mSoovll'9sAdmin 1131J20(lll1:18PM 0.- AIJPl"owdDy OMBCOilrQillalor County Manall..r'sOffi(:tl Adm,nisl'JU,,'OAssM:anl OJlic" "I Manag"ment & Budgel 11.'J1/20051:WPM 1M, AI'I".O~cd By M;chaolSmykoW'Ski Cpll"tyMMager'"OOica M"""g~",,",m &, 8udget DimetD' OWCt! M Matlli'g"me"l & BlIdget Z!6!200et:'::51 PM Dele Approved By It!oE.Och..,Jr. Board QfCollnty Comllli$~jnn..rs OOPllty e'Hmty Ma"iI\ger Cl>umyM""a9tlr'$Offino 2l7!2006.'J;2JPM Agenda Item No. 1 5 February 14, 2 6 Page 4 of 13 PROJECT: 60005 PARCEL No(s): 808 FOLIO No(s): a portion of 13800027005 DRAINAGE AND POND USAGE AGREEMENT THIS DRAINAGE AND POND USAGE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of . 2006, by and between ROYAL PONCIANA GOLF CLUB, INC., a Florida non-profit corporation . whose mailing address is Post Office Box 7039, Napies. FL 34101 (hereinafter referred to as "Owner"). and COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Fiorida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a Perpetual Non-Exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement. (hereinafter referred to as the "Easement"); and WHEREAS, the Owner and the County have already entered into an Agreement set forth in Exhibit C. which is altached hereto and made a part hereof and which forms part of the consideration for this Agreement; and WHEREAS, the Drainage Easement and Exhibit A thereto, as well as this Drainage and Pond Usage Agreement and Exhibit B hereto, enabled the County to receive the necessary Environmental Resource Permit issued by the South Florida Water Management District to improve Goodlelte-Frank Road from Golden Gate Parkway to Pine Ridge Road, and thus constitute a part of the consideration for said Easement and said Agreement; and WHEREAS. Ownor desires to convey the Eesement to County for the steted purposes, on the terms and conditions set forth herein; and WHEREAS. Owner recognizes the benefit to Owner and desires to convey the Easement 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 Easement 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. Ail 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 Easement 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 easement instrument) is hereinafter referred to as the "Closing." 3. Prior to Closing. Owner shall obtain from the holders of any iiens. exceptions and/or qualifications encumbering the Easement. the execution of such instruments which will remove. release or subordinate such encumbrances from the Easement 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. This Agreement shall be null and void. and of no further force or effect. unless Closing shall occur within sixty (60) days from the date 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 Agreement Agenda Item NO.1 5 February 14, 2 6 Page 2Page 5 0 13 remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. 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. Owner represents that the Easement and all uses of the Easement have been and presently are in compliance with ali Federal. State and Local environmental laws; that no hazardous substances have been generated. stored, treated or transferred on the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spiil or environmental law violation on any property contiguous to or in the vicinity of the Easement to be conveyed to the County, that the Owner has not received notice and otherwise has no knOWledge of a) any spill on the Easement, b) any existing or threatened environmental lien against the Easement or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement. Reciprocally, the County represents that any drainage or outfall of roadway storm waler discharged onto the Owners property pursuant to either the Easement or this Agreement shall comply with all Federal, State, and Local environmental laws and shall contain no hazardous substances. This provision shall survive Closing and Is not deemed satisfied by conveyance of title. This does not include any actions or representations involving Hole-In-Wall. 7. County shall pay all fees to record any curative instruments required to clear title, all 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 Easement underlying the Easement; provided, however. that any compensation, costs and/or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 8. County shall construct and install, at County's sole expense, ditches, drainage pipes and water control structures (hereinafter referred to as "Facilities") for the outfall of roadway stormwater into the Existing Ponds on Owner's property, as shown in Exhibit "B" which is attached hereto and made part of this Agreement. Maintenance of said Facilities shail be the sole responsibility of Owner. This obligation shall survive closing. 9. 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. 10. Conveyance of the Easement 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, and specifically inciuding Exhibit "C". shail 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. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida Agreement Agenda Item No. 1 5 February 14, 2 6 Page 3Page 6 of 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. Date Acquisition Approved by BCC: Resolution 2005-223. item 16 (B) 8, June 14, 2005. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Frank Halas. Chairman AS TO OWNER: ROYAL POINCIANA GOLF CLUB, INC., a Florida non-profit corporation DATED: I~" luG. , r;7?.L,v.A J~ Signature Name:l"lff77'f-;€....... ,ll. T1'rtluL (Print or Type) 72. LJ C. ;./ ~ l/., Name , )k A... ,'c1.... of Title Approved as to form and legal sufficiency: Ellen Chadwell Assistant County Agenda Item No. 1 B5 Februa 14, 06 a e 7 0 13 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, tLORIDA i I . NAPLfS IMPROVEMENT co S. LlTTL( FARMS 'I P.B. 2. PC. 2 HOLL IN THE WALL GOLF cwe O.R, EJ. PG. 682 --.i~PPX. TOP OF BANK) ~ BEARINGS ARE BAsm ON THE SURVEY BASELINE OF GOODLETTE FRANK ROAD AS BEING N 01"22'06" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF DESCRIPTION: PARCEL 808 (REVISED) CLIENT: COLLIER COUNTy TRANSPORTATION DIVISION PARC[L NO. 808 PROPER TY OWNER: ROYAl POINCIANA GOI r- C\ IIR REFER[NC[: 0 R. 405 PG. 32 '\.-SUR-~~-~1s~~~~E" I ! GOODL[TTE FRANK ROAD ..re..B.'__ ~51) (17.Q'__RO.W.~_ __ -- .. L l/POB (EASlRLY R.O.W L1NEf \ @ : QD @ @ LINE u " " " " L6 U " LINE TABLE LtNGTH 40.00 125.00 15.00 12~.OO 70.04 15.01 70,04 40.00 BEARING N01:22'Q6"W NOO~9'Jl"[ NS9'DO'J'"[ S00"59'Jl"W NO....52.0J"W N89"OO'31"f S02'52'OJ"E 500"59'29"[ LEGAL DE"SCRIPT!ON A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 49 SOuTH. RANGE 25 EAST. COLLiER COUNTY, FLORIDA BEING MORf PARTICULARL Y DESCRJBED AS FOLLOWS; BEGINNING A T THE INTERSECTION OF THE EAStERL Y RIGHT OF WA Y LINE OF GOODLETTE: FRANK ROAD (C.R. 851) (17(J' R,Q.W.) AND THE SOUTHERLY LINE OF LOT JJ. NAPLES IMPROIlEMENT COMPANy'S LITRE FARMS ACCORDING TO THE PLA T THEREON AND AS RECORDED IN PLAT 800K 2 PAGE 2 PUBLIC RECORDS OF COLLiER COUNTY, FLORIDA; THENCf NORTH OJ '22'06 II€"ST ALONG SAID RIGHT or WA Y LINE A DISTANCE OF 40,00 rEET: THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89'00'J1" [AST ALONG A LINe 40.00 FE:a NORTHERLY FROM AND PARALLEL WITH THE AFORESAID SOUTHERLY LINE OF LOT JJ A DISTANCE OF 254,42 FfTT; THENCE: LrAVlNG SAID LINE NORTH O'59'29~ WEST A DISTANCE OF 1.25.00 FEET; ntENCE NORTH a9'00'31" EAST ALONG A LINE l60.00 FEeT NORTHERLY FROM AND PARALLEL WI]}; SAID SOUTHERLY LiNE A OISTANC~ OF 15.00 FEET; THENCE LEAVING SAID LINE SOUTH 0'59"29" EAST A DISTANCE OF 125.00 FEET; THENCE NORTH 89"OO'JI~ EAST ALONG A LlNF: 40.00 FEET NORTHERLY FROM AND PARALlEL WI]}; SAID SOUTHERLY LINE: A DISTANCE OF lDJQ,29 FTEr; THENCE LEAVING SAID UNE NORTH 2"52'D3~ WEST A DJSTANC[ OF 70.04 FEET: THENCE NORTH 89"00'31" EAST ALONG A LINE" 1l0.04 FEET NORTHERl Y FROM AND PARALLEL WTH SAID SOUTHERLY LINE A DISTANCE OF /.5_01 FEn; THENCE LEAVING SAID LINE SOUni 0"59'29" EAST A DISTANCE: OF 70_01 FEET: rHCNCE NORTH 89"OO'Jl" EAST ALONG A LINE 40_00 FEn NORTHERLY FROAl AND PARALLEL mTH SAID SOUTHERLY UNE A DISTANCE OF 1295 FEn MORE OR LESS TO THE MEAN HIGH WA TrR LINE OF THE GORDON RIVER,. THENCE: 50umfRl Y ALONG SAID MEAN HJGH WATER liNE A DISTANCE OF 40.00 FEET TO AN INTtRSECTlQN WITH THE AFOREMENTIONED $OIJTHERL Y LINE OF SAID LOT 3J: THENCE SOuTH 89"OO'JJ" WEST ALONG SAID SOUTHERL r LINE A DISTANCE" or 2575 FEU MORE OR LESS TO THE AFORfMfNTlONLD EASTERL Y RIGHT OF WAY LINE OF" GOOOLETTE ROAD AND THE POINT OF BEGlNNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.4 ACRES OF LAND MORE OR LESS. SUBJECT TO EASEME:NTS AND RESTRICTIONS OF RECORD. P.O.C. P.O.B. R.O.W POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: REV.06JUL05 EV.22NOVD5 REV.10JAN06 RUNDAGE.-. Ian~rII. &: land IlIrveyon 001 bol~ 800ol.lo; 1(,,-. n. lIutl$1_)IllJ-.lll "'7 ~_.. ,.... __... n .101 /1II-"-II"1a .u_....u_ r""I.'D)llIlI_ I EXHIBIT 'A' N01"22'D6~W 2Q4,6 , "Vi ~ g40' i'i' ~~ ~~ -<-< t:~ ,,- "," '" ~~ ,,~ 00 Mi'--1 -'" "'" i' '" ~ ~ ~ " o ,- -" p c '" BY; I --- ---- .~- i PI STA. 3061"17,86' z m N~ ~8 i!:l:d ,.{ Qj) (E) 40 L2 L4 SWAP I OgYl0Q OJJOOOfA22 ROYAL POINCIANA GOLF CLUB, INC O.R. 40~, PC. 32 , 0- -,," z ",'i5 m '"~ ~ "" g 6S3 '" ,,~ -< M '->~ '->- -" 8 '" P N L5' ~ PARCEL 808 PROPOSED D.M.f_ (2.4 ACRES I) L5 L7 0- . " "'0 '" b:t "Ul~ ,,~ <>-< '" ~~. " " ,. '" -< "'~ c'" ",0 "c ;E~ <>'" '" ~~ '"-< ~~ ,,0 ~~ '" "'~ ~:; '" =---Z~ L6 40 U) () <I=: ~ r" g" ~--: ,.{ . ~'" Po '5:a. GEO SCALE: 1" - 300' DRAVvN 8Y:~ ACAD NO:9116 S080R .S.M. NO. 5606 Z_y 1..\ B- Agenda item No. 1685 February 14 2006 Page of 13 SECT/ON 22, TOWNSHIP 49 SOUTH, f(ANGE 25 EAST COLum COUNTY, FLORIDA PARCEL NO. ~-A PROPUITY OWNER: !lIL'ilILfllltl.GJb~A..811LUUB REF[RC-NCL .\L!'L 405 PG. 32 PI STA J06+1786 ~._"\'--s~"~~n:- ~j\S~LI~~-- \ i GOODlur~"-FRANK rWAD N01"22'{Jt,"W 1 5-Z-94,~__ _(~R\_tl2.1)~[ !Z[)'-R-QW,lJ-'~: o"-~,=1",:', (EASllRl y ~ 0, W LINq ::t , 0 cD 1 M@ 1 (fr) (i~) LlN[ TABLE LINE' lfNGTI-/ &tARING , , ':I".J~ rWI"n'u6"'W us 219J " 1:>5,,;) S8tJ'J'I'S."'W U6 I27JI U J~_[lci IJ6S"I~'n"\y el7 ]10<1& l; 11:0 " N:;YJIj'.j;.('W lUi D51l2 " J~ as rJ7.'J..fl~"'W 129 7.;>1 " :'Jd ~Ll Sol 'j6'~o"I\' U<l /3510 " J<!22 sn'1~'21"W UI iJ90 " 59S5 ~i137".'i/'21"'W U2 2604 " I~ 51 NS5'04'.j"W LJJ 28,:n L1v nl!l NI2'5~'~r\Y u; 2957 !II 79.IJ Nl/"r:)";n'E us JUII] LIZ ~'~ )9 1160'j~'~~"t UO 67EJB IIJ 311101 N/~"~I '51'( U7 13167 ,,; Jj;)J W3S"jt)'2ci''t: "" 96,76 us 11"'.41 S8j'.}1 '~Ij''[ Ll~ Isn.8 ", 5-!.c!J 118:')';:1'5J"[ t-Io 7(.1 SO '" " ciJ jn'~.'n'f u, 2751 "" I ':2~v :::'5 l':8FJ 7"[ L~2 802. 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OJ,I,Hr:[ Dr ~~JJ "<':' n,,'fef COJln,,,,,,,~ ",u"G ,"0 lOP..... a~l<~ ~DUT11 :1~'l9'2Y lOUT ~ D''''''la or .~.,] 'HI n""ef C()lH''''''~~ "LOll" S."O 1~" 0.- II<;.K ~CilJ"1 JI'}'-O," Wl:S! ~ D,n"W[ i)f ~., ~a IHI, '''U,~( c""n,,,-,,,,c _"""G ._fD foP or aM'~ SOlUIH 29-0,'1,' l\I:$f ~ DI"""Cf f}f 01.08 '[[I; f",,,,,( CClNn",,"'~ ~to"C ,."D fOP 0.- II-"'~ ~""lH 8nD'". 1'f,I ~ ol<r'"CE Of IJ' U 'TO; 'f<'N" W'I"...."'.~ ~L''''C 5_'D 101' Of Ii."," !.uvtH ~"vno' ,",51 _ UI~TA~Cf Of % I, F[E:I ,~["U C<7I<""H""~ ~,OIJC S"I' r,"" of a~N~ ,001" 8~'''"I"'~' ,,,->1 A orsrArJC[ Dr '~I oa 1(,"1 flLl.ltC[ COlilll""N~ """"L '''ID '01' Of a"f~ 1,Ch<'1H ~""<J"'O' "nT ~ C'~f~N"t' ",'- lu ~ ,,<[' IIIUle, """mM"" ..,oue .....0 fv>' Of 8~H>- ,'1<-'11[1, '~~~'JO' ~nf ~ or~,"~<:c l.-'I ,'/" Fro" )>,flltE "'Ot"'"~u," A<.D"" >.<W Ill<-' Of 8~NJ< ~ORTH lJ~O"J~' "01 ~ lH~1A,.",( 0'- 111<'" 'EO, 111(11("[ rmnllWI~ "lUtiC 5.'.-0 101' or ~.'/I~ ~()i!Jl-r .~'L)<n.' 'IfH A m:;r""c( I1f ~1.~~ HU; IhC",'[ CDNr';"-'''I~ 'IOt'C ,-uO lOP Of a"'~ 5J" III .l'ld'J,' LI(S' -I tLJSJAN';[ ()f ~~;; FE' '; 'fi(na ClJI'Inll<)f'l~ Al;J.'I~ 'AiD 1,1P Of 8.WI( 5()~TH ,'":/1"1' '1f5/ A OISf'~CC OF ~.!lJ 'off; 'H(MeI' ',""H".UI"~ ~(~II~ SAID ,,-,p or ~~II~ 'Cluf" n'11'~,' Wl:>I" OJSfA~Cf <7' .1; 18 Fen, ri<WL< ,U"IINUIr<C "....r, 5.-IID f(W DF ~A"K 5001" ~8'.1"~d' ...sr -I D'H"NC( "" fiB J~ f'UI, 1/',,,,, """!<''''-'''''' ."""c S.,'" lOP or f)_ilK I'Wnl IB-~2';i' 11<"51 ~ OI51~NCf <l' JI.P n:rr. 111[11"[ Cu"lIt"_"/O~ ~WII~ ;'10 'Di' Of ~'''h ><1>>111; 1i~'H'tl' uf~' A DI"'.."CC OF JHI6 fen: 'h,On' rL,l,',n,'wlI"; -,(Cl.<,e ~"O fJI' Of 8.-ItI~ NJRTIf Sj"J~'<'" ,\['SI A IJJH~~,;c if "~.J/lfH; lI"(.",,' c""",,,",,e ~lOnC ,'Ill IU~ ....- a'"K N,"f~ /. .8'1.,' 'I>;H ~ ""r~'iCt Di" J9"~ hCf" n'[1;Cf conn.',""''; ",,,IC ,.<'P lOP 01 ij'"" SULJ 'f< ., ~d',~' "fO' .. 0.' .."C[ '-" ~~ B() (["; '"l/,~r """""''''1" '''.'IG ,,,(1 10i' or BM<,- ~"'I'" 7,.].'1" ltlS' A "'''I~II,;c 0..- .,..;a F[.r." 111,/0('[ ,,,,,,,,,,,,,,,, ""Ul,C ,Hm lDl' 0' 8.'/o~ "WH, ~"'n> un> A OI~'~NIT [w ~.., '1C1. r"['f~[ ~Oo"II'~'lJ/llv -Il"'l~ ,.."p loP CF U'HK """'" "'",'.1' ",s/ A OI5!...C( Dr \".~, fEEf; ,,'ule( ~O"'"",,"'" ",0.." S-<L/I 'OP OF dM," N"~Il' ".~.,,,. wrs'" D'S/A"'" IJt u,~ r,tr '" I"e fa'''' ora"~"N""; '" 11,,. p~R"n m-H,,,, D[.,Ii'r<<D ,,'<J;lf"''''''" ; I ~'''". oJ{ ,,,,ID "'uR~ DH (c""; ,,>i1JfCI ro i';Wnn, MIU R,'rRI""lfDlI~ <If R[(;0I10.. l-"HiS TEGAL DESCRIPTION A~lD SI<ETCH PREPARED BY: ....!J\ ::::l-\C;NOLl .....0 :::::a:JARBER &; ......!f:) ::::::ilJRlI NDA.GE,l>oe ~, I'h.un~r., ole l~nd ~\l'-Ve1ors a~ T.",,,,,,, 'troll, N.,t~; ~.",.., n ~HDQ I~l~"lrl-ll" ~~ H."",, ~,,".l, f,,' 1<1''', n ..00, l'l~)"U-"13 .~ Ho.. lij JOM .u" .~ 'de, f." I""l"'-,~U' EXHIBIT 1 '1? pl\O.B. i i ~ \ ~ ~ \ "a o ;:'J " ~lJ ,,", ~;~::tJ ~Lin >>0['1 ""C- oo". ~RiD:l o ~~CXl "'I ~}:>. " " ~, @ ~ 0 ., ^ ~ ~ ~ , 0 ~ " c ~ ;; ~ < , " 0 0 0 ~ '- il p & l~" '" .. " " '" ~ <., 0 c- ., CO " " c- " " r '" ~l ~ 0-' -.." " "'oo ~l :t :::If'l ~~ " '-'C' '-'- ,- " '" 1:)" 0-';- ';;j) is " t:t '^'" - ~() ~'~ S l., 't~" ~C::: " a ". " , ~ 0 ~U1 ~~ ,,3' ~';l :ti~ ~;;j) oq- ~~ ;;'c- ~- ~ '" =---z -c:=-~ '" ," co P OC POINT Of' COMMENCt~ENl POB POINT OF BEGINHING ROW" RIGHT--OF-WAY **(-.JOl A SURVEy>n t:lflIL BEARINGS ARE BASfD ON THE: SURVEY BASELINE OF GOOOL[lTE fRANK ROAD AS BI::tNG N 01"22'06" W. LEGAL DESCRIPTION AND ,"ETCH SHEEl 1 OF '1 DESCRIPTION: PARCEL 8a8-A -CUEm: COLLIER COUNTY TR NSPOR-TA TlON DIVISION-~ REvrsm BY: GE SCALE: 1" "" 300' DATE:--.tl.QY....2~ DRAWN AY: ~ PROJECT NO,: fiQID:::_.GR ACAD NO: 9116 SDtl08(LAKEl FILE NO: 9lJ.Q E"' Lr\:t G- Agenda item No. 16B5 February 14, 2006 COPY90f13 A GP..EEMEi\T nErVi'EE)\, ROYAl POlNCL^~l\A 6: COLLIER COUl\'TY 1. Tho purpose of thiS agreement iE, te' solve a problem thai may ariSE in the reconstructioD of the imersecriorJ of Goodlerte Road and SolanalE:unung Iret Drive during widellin~ of Goodletle Road. Ieova] Poinclall2 presently has an enn-<ll1ce(exi\ 0111D Goodlette whiCh-has slgnah=atioll. This entran2.e/exit is located JUSl south of Burning Tret Drive This entra11ce/eXl1i.s leI be relocated bytht' Club by crtatilJ~ II 11'::"-"" t:1tranceiexil onto BUmin2 Tree Dnve and closing the ont on Goodlette. TIlt traffic 11gh' presently on Goodlene ",':'jD bt moved to the Buming I ree DnvE entrance/eo:lt. o The panieo und:rstand that U,E City of Naples wiD be in charge ofconstfllcting ofBumil1S' Iree Drive from Goodlette Road w the Club's new entrance!exit Due to the division oftl1; construcllon bet'Noen tWO governmental entities.. RDyal Poinciana is concemedthat it is possible a situation ma" develop whereby the Club's entr311ce/eO:lt onto Goodlette. would be closed and the traffic hgln removed prior to conclusion of constrUc.tion ofBuming Tree up to the Club '5 new wtrance. To address this concern the Cou:!\}' agrees that it will not close the present entrmce/e;jj of Royal Poinciana, or remove the existing light and median cnt, until the latter part of the entire Goodlette Road project '",'hich is now targeted to be July 2D06. o. The County agrees to c:onsic.er witbiu oue (1) yeaT of the dat:;. of the completioIl of the. Goodlette/Solana Road interseclion what further lanes/turn lanes on Solana it deems appropri2.te to L.l1prove th~ Lltersection. .1 Up 0]' removal of the rraffic light at the entrance to Royal Poinciana, the Countywill give the traffic light and accompanying eguipment to the City for the City to install at the Club's new entrance on Burning Tree Dri \Ie. 5. Royal Poinciana agrees to cooperate v..itb the Couuty in all the above. Cooperation with the County includes granting by Royal Poinciana of an easement on South side of its present entrance patce] for thehandllllg of the out fall water in a manner to be approved by the Club and the County. ROY.AL POINCIANA GOLl' CLUB ,/'7) 'L . / / / By: {/ (u~ JT A. N !-~.Ai::/j Title PICl..s,de.nt' Date: (J '- T. b,.- t. 'l- ,"'C~ , COIrLIERqO TY / )' ~ ._....,i .. 'oj ?1/{:(, ., ~_ -~~ . , .-fit. A1LA? Ai) I""/J;.,v. ! 7l;0:/oS l I I By: Title: Date: EXHIBIT I Ie r Agenda item No. 1665 February 14, 2006 Page 10 of 13 DRAINAGE EASEMENT THIS EASEMENT, is made and entered into this z.G:. ~ day of '\';"u ,~ ,2006, by ROYAL POINCIANA GOLF CLUB, INC., a Florida non-profit corporation, whose mailing address is Post Office Box 7039, Naples, Florida 34101 (hereinafter referred to as "Grantor''), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as . "Grantee''). (Wherever used herein the terms of "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, pursuant and subject to the accompanying Drainage and Pond Usage Agreement, and for and in consideration ofTEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells lmto the Grantee, a perpetual, non-exclusive easement to enter upon and to install drainage and utility structures and facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit 'A' which is incorporated herein by reference. Subjecl to easements, restrictions, and reservations of record. THIS PROPERTY IS NON-HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing the drainage and utility facility thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first written. ROYAL POINCIANA GOLF CLUB, INC., A Florida non-profit Corporation By:d3r--Jd_~ Robert G. Nichols, President Agenda Item No. 1665 February 14, 2006 Page 11 of13 ~d(7 Printed Name: _-IT!J-Il.....- 'l---T1fr1{v/l... Agenda Item No. 16B5 February 14, 2006 Page 12 of 13 STATE OF COUNTY OF f lovide.- <::..0 I , .._{ The fore..Q.,oing DRAINAGE EASEMENT was acknowledged before me this Zk..e- d~y of _,c.-.d'--'o , 2006 by ~la.-..A" (""" f\Jlcl,ol$ , as YRs:.',c.h..-{ \ of ROYAL POINCIANA GOLF CLUB, INC.. a Florida non- profit corporation, who is personally known to or who has produced ,;<, d,v-, J...- \. \ '''--.---'-<- [type of identification] as i e tili ation. ..."....~ ~iJ" PAUlF.YQUNG .~ ~YC()ljNISSIOKI00357485 . . EXPIRES: oecembel3. 2008 <1"... ~'O; 8QlllIedThlUB~IkLaryStNIC8 "'('JFf~~ fth I 'D (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any My Commission Expires: 'Y 0 :; {"N~S: \'2... 13 \-zoul(. (affix notarial seal) EXHIBIT '/'I " P8ge-L ou... Agenda Item No. 1685 February 1'1, 2006 Page 1;3 of 13 i SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA GOOD~T7E.-FRANK ROAD NOI"22'mj-W '" .a;!R._,5l:,t!.L{ll0'_R~~___ -. _ " .._..:. "'t.: ~ -sURIiY-BJ;;L~; I rr P.O.B. :~ I @ \ ~ 1EASrr R:~ LINT @ " ~~ @ \ I NAPLES JIJPRO\>UIENT CO's, Urn...c FIIRI.fS L4 i LINE TAEJLE ,_ j P,B. 2, PG. 2 STRN' I 0I.l700 O.l.).~zr LEH~1H ~AflJiI(; HOLE IN THE W~I.L GOlF Cl..UB RO'l"1Il POINCIANA ~OU' ct.U8. /He. "10.00 /Wt'2WOf"W 82 O.R. -~PG. .l2 '12~~ NOO'SI".n"i" <lR. 6J. PG. (:l I 15.00 N6IPW'JI"'[ I ~$.OO SOO'::UtJ'1 "W 7O,C,ti N02":12'OJ.... 1~.(I1 NlJ9'W'JlwE l'Q,(H Sllt':S1t1J'l:' 40.00 SOQ-Sg'2f"C PARCE:L NO. B08 PROPERTY OWNeR: ROYAl POIN~IANA r:nl r CllJFl R{:FE:RE:NCE:: O.R. 405 PG. 32 -'T- \ i UN< " '-' " " " 1I " 1I LEGAL OfSCRJPTIC>>j A PARC(L OF" LAIVG LYING IN SteT/ON 22. TOWNSHIP 49 $0011-1, R.ANCC 25 (AST, COLLIER COUNTY, FLORIDA BEING MORE PARnCULARL'f DESCRIBED AS fOLl.O\lrS; BeGINNiNG AT THE INTE:R~CTlrJN OF' THE EAS7rnL'f RICI-n OF WAY LINE or GOODI.CT1, FrlANK RoA'O (c.R. 851)'(170' R,O.W,) ....ND THt SOUTHCRL Y UNf OF LOT JJ, NAPU:S//JPROvc.MfNT COMPANY'S urnc FARMS ....CCORDlNG TO THE' PLAT THEREON AND AS ReCORDED IN PLAT 6001( 2 PAGe 2 PUBUC RECORDS OF COWER COUNTY, Pl.ORIOA' THENCE NORTH 01'22'00 KEST ALONG SAID RIGkT OF WAY U1l/~ A DISTANCf OF 40.00 F!CT; THDVCf lE:A\tI'NG SAID RIGHT OF' WAY LINE' NORTH 89"00'J1" fAST ALONe A UN[ 40,00 FrET NORn-Irin Y FROM AN() PAJ?ALLtL 1lf7Jo1 THt AFORESAID SOlJTHERl Y LINE: OF' LOT JJ A DISTANe! OF 26-H2 FEU; THENC! LEAYlNG SAID UHf: NORTH 0"59"29" wrST A OISTANC( OF 125.00 rfF:T; THENCE NORm 89'00'31" O..ST ALONG A UNf: 160.00 FEET NORTHERLY mOM AND PARALLEL lI4TH SAID SOUTHERLY LINE A DISTANce OF 15,OD FUr; THtNCE: lfAWNG SAW UNfSWTH 0'59'29" OST A DISTANCE: OF 12.5,00 ,En: Tl-iENCt;; NORTH lf9'OO'Zl" EAST ALONG A UNf 40.00 FE:E:r NORTHERlY rROIol AND PARAJ./.EL WITH SAlt:) SOUfflERl. Y UNf:: A DISTANCE: or IOJa29 F'ff;T; 1HENCE LEA.YlNC SAID UNf NORTH 2'Sl'OJP ~sr A O/srANC[ or 70.04 FEn; THENC€ NOR1/.( 89t10"JI~ EAST ALONG A UNE 110.0. rrrT NORTHf:RLY FRoil ANO PARALLEl. 1'1'11-/ SAID SOU1HrRLY UNE A OlS1ANCr Of lS.01 F~n; THENer I.!A VINe SAW UNe SOUTH 0'59'29" EAST A DlSTANC€ OF 70,04 FEET; THENCE NORTH B9'Ort",~ [AST ALONG AUNt 40.00 FEET NORTHERL Y FROM AND PARALlEL KITH SAID SOU'THfRI.Y !./N€ Ai O(STANCC OF' 129.5 FEn M~ OR LESS TO THE MrAN HIGH WA 1FR UNf OF THe (;OFmW RiveR: THeNCE SDUTHtR/.l' ALCMG SAID UEAN HIGH WAre-R UN!' A DISTANce OF 40_00 ~T(r TO AN W1'f"RSFCTlON W/1H THE AF'OREMDmONEO SOUTHER!. r UNf OF SAID LOT 3J; 7Hmcr: s001H B9'OO'Jr~ W€sr ALONG SAIQ SOUTHERLy l.INt A Dls-rANct OF 2576 I'EEr JJORE" OR tr5S TO nff' AFORE:M[NTlONE;D EAsrE:RL Y Rlr:JoIT OF WA.,.. tIN! CF qOOOLE'TTF ROAD AND 'THE POINT OF BeGWNIH(; OF' THr PAR'ct:L kf.'RC/NDESCRlBf:IJ. CONTAINING 2.. ACRrs OF LAND MORc OR U:SS. SUBJfCT TO fASEurNTS AND R[S'1R/CT1ONS or RECORO. P.O.C. P.D.B. R.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAl DESCRIPTION AND SKETCH PREPARtD BY; >>OJ> RIlZR " NDAGE,_ Pnt....to_1 ~..,.., ~"""'.... . Alp4!lWW103 - "....... -..... - -..'...... _ ---......1.. ra.~n 1ft __ ~ I". 1_ --., ___ _....... n....... f__-U,. ~.,'-'-_ta__..... _~..... EV.06 .2 V V.10 A J;UiJ,iilliWhh .::t"'" ~840 U "'''' C::c: ~~ ~.~ :tr- >10 I""l-l ~-~ :2 ." ~ r r " ~ p e ~ ______~______ - ---"'T---- Pr 51"':,"'-' @ I ~~ gj ;, !ii", '" ~= ~<' Q '" ~ N 's' 0 " i j ! f I I I I ~.~ i s~ i "'Sl ~~ to l1g- <' ~ " .", r.o'U) >ig i i~ I ~~ i ~~ ' 2" ! -"' ! 3~ J =-Z-==,.. ! I i i i i i i j I I i j I 1 ,;:. s'Y: .' t, GtOll'j!~.W.~ACK~., y.. P.1\o"":N? 5~08 SCALE: '1'''.~ :\ci9'~:::bAro'JtJNF.:' 'fU2oa5 ORA.... eY,~ '. MQJECT NO:'~ ACAo NO:91l6-~80A: FILE NO:i115. PARCE;L 808 PROPOSro D.M,E:. 12.4 ACRE'S z) " '" Vl (') z~ ~!;1 .;- ~ ~ II "", ~Q ~Q. (APPX. TOP OF BANK) OI,m;ION. . EXECUTIVE SUMMARY Agenda Item No. 16B6 February 14, 2006 Page 1 of6 Recommendation to award bid #06-3933 "Golden Gate Boulevard Phase II" from 29th Street SW to 13th Street SW landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $622,424.86 plus a 10% contingency of $62,242.48 for a total of $684,667.34. (Project #600221) OBJECTIVE: To provide landscape and irrigation installation on Golden Gate Boulevard Phase II from 29th St. SW to 13th St. SW. CONSIDERATION: On December 14, 2005, the Purchasing Department sent notices to I] 1 vendors for bid #06-3933 Golden Gate Boulevard Phase]] landscaping and irrigation installation project. On January 5, 2006, a non-mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. On January 23,2006, four (4) bids were received and opened. Staff reviewed the unit pricing on the bid tab, and Hannula Landscaping, Inc. was the lowest, qualified bidder. The medians will be irrigated and planted with native and low water consumption material. There is no sod planted in the medians. The intent is to have a self sustaining landscape. Because of dense vegetation and existing power lines, there are no street trees planted along the sides of the right of way. County costs for this project include the estimated irrigation controllers and electrical fees ($19,423.10), lane closure fees ($2,000.00) and the right-of-way permitting ($600.00), for an estimated total of $22,023.1 O. FISCAL IMP ACT: Funding for this project is available in Landscape Project Fund (112). To complete this project, the total available budget in project #600221 (Golden Gate Boulevard - Phase 11) must be increased via budget amendment by $49,863.94 to $706,690.44. The budget amendment will move available budget dollars from project #600231 (US 4] St. Andrews - Barefoot Williams) to the Golden Gate Boulcvard Phase ]] project #600221. The revised Golden Gate Boulevard Phase ]] project budget ($706,690.44) consists of the base bid ($622,424.86), the 10% project contingency ($62,242.48) plus the County costs ($22,023.10). GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award bid # 06-3933 "Golden Gate Boulevard, Phase ]]" landscape and irrigation installation to Hannula Landscape, Inc.; accept County costs totaling $22,023.] 0; approve all necessary budget amendments and authorize the Chairman to execute the standard contract after review by the County Attomey's Office. Prepared by: Pamela Lulich, RLA, ASLA, Project Manager, Altemative Transportation Modes Attachments: Bid Tabulation #06-3933 Executive Summary Page 2 of 2 Agenda Item No. 1686 February 14, 2006 Page 2 of 6 Item Number: Item Summary: MeetlngOatll: Anum'a !t'"rr No. 16B6 - Februmy14.2006 Page3of6 COLLIER COU]';TY BOARD OF COUNTY COMMISSIONERS 1586 Recommendation to award bid #05-3933 Golden Gat~ Boulevard Phase II from 2Sth Stf~et SW 10 13111 Streel SW land~"ape and imgalion installation 10 I-Iannula Landscaping. In" 81 8 base amount of S€22,424.86 plus a 10% camingency ofS62.24248 fa ratolalof S6EM,667.34.(Projllcl#600221) 2114i20069,OOOOAM ,.. Pl"1'pal"1'dBy P;orrnla J, Lulj~h Tran~portali'm5ervi~.s Pr<JjIH'tManager AllemQtiveTr.nsportalionModes 1:25121l1l69:16:%AM Pur~ha..in9 Ago,,1 ".. Approved By Brenl1aBrilhart Admirti..tr4tiveServi~es Pu'~I1asi"9 Vl~i20ll64:!i6PM Proje~tMana9"r ,.. ApprondBy PamelaJ. Luli~1I Tr..nspllltlrtionServk"" Altem;rtjveTran~port.tio"Modes 1126!200!\11:20AM Manallemntl8udqet A.n~jY$t ,.. Approved By GlorbHerrllra TrllnspoiUtionServkf!s St"'mwater Management 1/271200lill:33AM Acqoisit;QnManag",r Oate Apl'roved By Mike Hauer AdmiPl;slral.iv"SlIrvices Puro:;l,ui'lll 1127120G611:37AM ApprondBy Di....ctorATMDi'N"tor """' manila. Flagg Trall-!;pllrtat;onS..rvic<!", AH..rn.tiveTmnsp"rtat;onMod.... 1I27i211O<iH5PM Proj&clManagDr p,rta Approved By allbPet..rwn Tta,,~pol1ll.t;"'nSarvice.. Atlan,ativeTran..portati"nModfls il3DI2DOO3:U7PM Tran~p"rtatio" Divis;"n Admini.~trntor ,.. Approv..d By NormE,Feder,AICP TransportationS.""'c,,. Trans!,ortationS5",ico~Admill. 1I31l1006U:Q2AM A~COUl1tingSup"r'lj$O' """' Approved By SHaron Newmart TransportalionSelViC<ls Trans<H>rtdionS"ryicf!sA<lmin 1i31!2tlO~ 1,51 PM Approved By PlIrchasinll,G,,,,.,rsl 3yc~ Din.nor ,.. Stav..Camell Adminj~trIlti""S"lV'ces Purch.."'ing 1131120061:5ZPM E...cufives..",..,t"y ,.. App,'oved By Pal Lehnh",d Tran~~ort.)!ion Servic".. TrQns~{lnatjoor."r"ice~Admin li31,'20D61:55PM Approved By Adm,nj!>trativeA55btant ,.... OMBCoo,din"lor C"urrt~MIIO"Il..r'5 Office Office 01 Manallemen1 & BUrlget 1I3112\l1l61:G2PM Approved By BllrlgetAnalyst Date Marl<i....ck~'m CounlyManaller'50ffiCll Offic" of Manilgement & Budllel 2J1i200tl 12:07 PM Approved By D&puty Cc>unty Manager """' LeoE.Och$,Jr, ",nard Of County Cnmmi",,,jone,,. County Manallflr's.Office 2/3i200612:2GPM Projo<lt.lg'.'POml"",," Oot.P""'oct12.1..05 0...t>J0; HI3-(16 BI0,06.3"33 'Gol<le<1 (la.. Boulovard ICR ~761 p~."" II L..dscapOln'''''ot"", Pro","" Ad<Io_o.;,. Agendal~~~~~6B6 Febru~'l',C.11:::lUoB Page 4 of 6 BID TABULAR 121812005 Revised 11612006'Revioed 111312006 , GENERAL PROJECT ITEMS Are,ozaBros Hannulel.and.capin Tropics North Vila & Son LendocapinQ l1emNo. -" ~ Es'.....' Unit UnitCo.t TOIBIC<>Bt Unit Cost TotalCo.t UnrtCosl TOIBICo.t Un;tCost TotelCoot , Paymem and perfo'ma""" bond , " $ 11200.00 11200.00 9500.00 9500_00 11097,00 6375,00 637500 , MBintenanCfi01 Iratlic , " $ 30000,00 30000_00 12200,00 12200,00 13570.00 8750.00 8750.00 , k.bui~plano(P'ovideandm"inloinpercont"'ctd""uman'5) , " $ 1200_00 1200,00 300_00 ~OO 29000,00 150000 1500_00 Su_~ISoct;o~l.tIem.1 $ 42.400.00 22,000.00 53,667.00 t&.625.00 " SrTEDEMOlITlON PREPARATION AND DtSPOSAL Item No Doacri '00 Es,Ot" Unit UnitCo.t Tot.ICool Unit Cost Total Cost U,-,itCost TolalCost Unit Cost TolalCoat , 4Conleclharbicidoopplicat,ons 2 opplicalion. tor 100% kill 01 oxisling Bohia Gra,"wrthin modians(123,200 S Fotmedianarea) 123.200 e> $ 0.05 6160,00 0.02 2464_00 0,09 11086_00 0_02 '" 2applica1ion. to maintain projoct as weed tree within "",dinng du,in9constr uction (123.2ooSF 8roa) 123.200 e> $ 0_05 6160.00 0.02 1848.00 0.09 1108800 0_02 , Motofgrado"nd cut ooil 24"otI beck 01 curb to 3"bolow curb and roll 10 oente , 95,320 e> . 0_20 19064.00 0,09 657B,SO 0_29 27642,80 0,03 2859_60 , B P8.sag rotoftill "",dian. to 6"-B" det>lho.""pt 18' oH back 01 curb. (95,3 20 SF) B5,:J20 " , 0,15 14296.00 0,13 12391,60 0_29 27_642,80 013 123!11.60 , Supply and tine g,ede approved fill to crown medion, per Typical Med ianP..,pDeleilonSheelLB 2.170 " , 25.00 5-4.2:.0,00 29_00 62_930.00 29,00 6293000 41.00 S8.970.DO 95,320SF~,41WDeplh)_39.0S1CFI27_1.447CY+723CY(5O'%) Totet:2.1'10CY . Ti"", tolocalee.istin9sleevoslJtiIi~ingCollio, CountyAD-400 locotoroqulpmont " ,>< $ 40,00 1,60000 120,00 480000 79.75 319000 125,00 5,00000 Subtotal Sactlon 1l,llem. 1-!1 , 101,532,00 93,Ot2_4O 143,581_60 114,814,20 Ill. INSTAlLEDSlTEMATERIALS Item No DoscrioHon Est.Ot Un;l UnilCo., TotalCo.t Unit Cost TotalC""t UnitC051 Tot.ICo., UnilCoo1 Tota.ICosl 1,lnle,iockin9concrelspovo..,sands81 ,,~ " , 15.00 lB75iJ,00 8.10 10_125.00 7_20 900000 12,00 15_000_00 , Fore.tryAe.ources, Eucelyptus Colorod Mulch (4"FluHedDepth) 121,717SF@12SFIBag- 10143 "'0- , '00 50715.00 4_22 42_B03.46 6.06 61466.5B 4.05 41.079,15 Sublo1alSBCtion 1lI,llem. 1.2 , &9,4&5.00 52,nB_46 7D.466,58 5&,079_15 .,. PIIl.NT MIl.TFRIALS t Flnol.oeclflcatk>n. ~ft,ntan Dlanl schedulel (Plamun~pricootoincludeplanli9soilmi.bacldillpe'speciticalion.) ,,, ',m EkllaniC<ltName CommonNe"", EslOty Unit UnllCosl TOlalCost U"ilCosl Total COOl UnilCo.t TOlelCost Un,tCost TotolCost TREES , "" Aco,rubrum Rod Maple . " , 285_00 1.710.00 296_00 1,776,00 255_13 1.530.7S 215.00 1.200_00 , " lIe.cessi"" DahoonHotly " " , 19000 5B90,00 157.00 4867.00 15-4_36 5_095.78 189.00 5859_00 , " Legerslroemie indica 'Pink' PinkCrepoMyrtlo " '" , 210,00 4.200.00 154,00 3_080.00 256.92 5136.40 1S9.00 3.780.00 , MG Magnolia'D.D.Blanchard' D.D_8IanchardMngnolia '" '" , 475,00 9025.00 451,00 B_569.00 SI7.61 1553459 508.00 9.652.00 . a, Quercusvirginie.na Live Oak " " $ 332.50 14297,50 400.00 17,200.00 6BB.67 29.612_81 453.60 19504.60 . ill Twcodiumdislioh\Jm Bald Cyp,e.. " " $ ~10.oo 9,66Q.00 15600 7,176_00 217.72 10015_12 189.00 8,69400 GC.P.2a P.gelol3 Pmle<lMgL P.mL."'''' 610,(>6.3933 Agenda 1t~~I~L OaIeP05lo<l,'2'1'.05 .Oo_O'''_....'dICRB7"IPn...''l...d5c.".'n...IIaI''''PmJOCl' o.,.0.001,23-W _m'''' Februa qu ArazozaBro. ""nnulsLandscain , iCl;North ~ t In Item No. Oeseri ,". ES10tv Un" Unit Coot TotalCoSl Unit Cost TOlalC05t UnitC,,", TotalCo.l LIn,tCoSl TOIalC<>st ,~'" ,. " Sabalpalmatto BooledCabM~Palm " " 0 15000 9.900.00 110.00 7260,00 212.00 13992.00 171.10 11.292,60 SHRUBS .. '" Ach,ootichumda"""lolium L"atherFBrn 1051 e, 0 9.25 972175 .00 Q ~5Q.00 10.41 10,Q~0.Q1 10.65 11193.15 .. '" Callislemon spp 'Dwarf' Dwarf PowdBrpuH on e, , H" 4493.50 7.80 3689.40 10.82 5117.86 825 3902.25 " M"" MuhlenbergicapBltanBnsi. MuhlyGrass 4194 '" , .~ 27261.00 7.40 3103560 7.9B 334SB,12 B.25 34.i;lOO50 " '" $erenoar"""ns'Si""'r' SilV<!rSaw Palme1tO ". " , 19.00 1005100 111.00 10,061.00 21.77 1151S,33 23.50 12,431.5{) " '" SpM;na~ako!ri; Conlgrass no e, , 650 4600.00 .~ 4.%8,00 7.17 5182.40 7.60 5472.00 D "0 Viburnumooowtum Wsltsr'.Vjburnum ,~ e. , 8.25 6055.50 ,~ 57S8.60 ~,20 6752.80 ~,85 722'9.110 GROUNDCOVERS " "' D;snellacaBrulBa ('..a.saB1ua 2~6~ e. , "0 225644{) "" 9500.80 3.28 11738.32 ,~ 7422.50 " '" Randiaaculaata White Indigo Berry "M e, 0 11.00 42394.00 10.20 39310.BO 11.23 4328042 12.25 47.21150 " '" lIe.vom,ons Mne '''''hilling.' Ila.Schillings M" " , 7.75 34.371.25 7.12 315n.20 S.79 381183,65 8.65 3B362.75 n. '" DianellarevolUla'Litt~Rev' Little Rev 1B69 e, , 7.60 14204.40 3,20 5118080 "" 613032 ,~ 467250 Subtotal Section lV,llem. 1_17 , 230,479,30 201,299.20 252,010,61 232,570,95 Subtotal Secllons l-lV , 443,876.30 369,240.06 519,725.79 1120,009;30 , IRRIGATIDNMATFRIAIS , S'lnigationwelltobeins.alledalsyS!Bm.#3end#4 PrOl/ldeaUlaborendmalerialne-ces.ary , e, , 9 ~00,00 , 19800.00 43911,00 8798.00 8.B64.96 177211.92 6.0115,00 , W.190.00 Conlrac:lor to include and Ille all lorm. and epplicalions 10 secure tha well F"'rmiL SFWMD Parm~ (Ansc~dtoSpacifjcabon,ByOw"er) , NaplasElec:lr;cM01orWori<.s,lnc.VFD-LP-7.5.23037,5HPsubmersibleunil pump slation; , e, , 26289.93 " ... 25.335.00 50670.00 31311282 62.78564 2748575 , &4.Q71.50 VarieblaFrequencyDrive;pras.uredernandslM;3phesepower:protecll.e'ockeblefil>ergla.s encloaure, bulll.in I;~ration mechanIsm: 2" Bermed 910 hydrometer. Systems ~3 &. u , PumpStationfi~erdi.oha'9.gravelsurr1pwilhE",m.nts,naccordanca to detail. I See Sheet IRS) , e, 0 . 78S17 1576.34 61200 1224.00 4455.22 8 ~1044 225.00 0; Sys!emsJl3andJl4. , M01orolaScorp;oV,2AC, 32.tal1011 in;gationcontroIIBr. (BY COUNlY) , e, 8YCOUNTY I3YCDUNTY BYCDUNTY BYCDUNTY BYCDUNTY BY COUNTY 8YCOUNTY 8YCOUNTY . Upgrade eXlsling Motorola Scorp;o 16 stet;oncontrollerl032stations (8YCO UNlY) , e, BY COUNTY 8YCOUNTY BY COUNTY BY COUNTY BY COUNTY BY COUNTY BY COUNTY BYCOUNn' . Counly1oprovideelac1ficej,erv;c..for,,,igat;anpump.lationsendcontrallers (BY COUNTYj , " BYCOUNn' 8YCOUNTY 8YCOUNTY BYCOUNn' 8YCOUNn' BY COUNT\' BYCOUNn' BY COUNTY , Irr;gahon contmclor provide connections 10 Counly supplied Bquipmenl.( lieldcootrolwlfestDcontroller) , e, , 166000 3.300.00 27200 544.00 445.49 890.98 87000 17.;0.00 . Huntar MWF, Mlni-weather .talioo with rain, wind and Ireeze sensors rnounlad on gol.anized pole , e, I 146.9' :!93,89 260.00 520.00 508.23 101646 210.85 421.70 . 112{)-12204" Class 200 PVCge.ket msin line, purple calor 10,115 CC , 131~ '" m 613 6200495 II,O~ 91.439.60 "''' 104.184.50 " 4" Irn93tion Maio 1.5'''ub'outslor1ulurezonesddjtions(phs", Illzo nesl,Hsrdco4"x1,5"teewrth , CC , 2112.17 1,16868 15540 621.60 428.41 1,71364 115.00 460.00 SCH 40 PVC 1,5" nipple end cap. end 6'roundbox. " HDPE.ClassI50SDR11E>:lrarnolecular5trength4-,r1igallon.leeuelcasm9,dlrectio"..lbo"ng '00 CC , 3416 3416.00 19.00 1900.00 28.34 2,834.00 2140 2140.00 " AWG 12 Gauge. Solid copper, insu"'t.dcontrolwire5ult8b;efo'direCl~urialin51aH8Iion 11,060 CC , '" 4163.09 0.21 2322.60 0.10 110600 0.14 1S4R40 l1emNo. Descnption htD! Unrt UoitCast TolalC051 UnilCost TOt81Cost UnitCo.t T01elCosf UnitCoSl Total COG! D. AWG 14 Gauge, Solid copper, Insulafed control wir. suitBble lor direct b urla.'.n.lel'ation 108,140 CC , 0.38 40104.92 0.13 14.\15S,20 0.08 8.65120 0.11 11.S115.40 " Irri9"tion~inPres.ure.Che-ckPoint..Relerlodelaillorelement.list , e, , 240.17 2,16'.53 230.45 207405 333,BS 3004.Q2 48,80 439.20 " Irri93Iion~inBlow-0fl.,4"&lSvalv., Reler 10 deteil lor element. list , " , 409.27 '.63708 8nOO 3,50800 1.590.85 6,:363.40 82500 3.300.00 GC--P-2b Pa\lO ~ot" Pr<JjeC1Mg<.:PamLullch PatePo...,fI2.'4.05 Pa"'Pu.:I.Zl_08 BID. OO.39~" 'G"I<Io"Gat.Boo"""",IC~=:U;..,dscap.,"".lIalOonP"',."r ArazozaBrOll HannulaLand.caifl " 4" I"igalion Main 2.5" stub-outslOf pOlentialluture 2-5" "ub.rnain conneClion. to service sida 01 ROW Co 2S2,17 584.34 224.00 448.00 Pondo. Har<lr;o4" ~2,5"leew~h olIlletplug..ndlocaling disk. n NibcoMJ619-RW.SON.619 Serie. 4" I"igabon epo.ycoaled isolal;on valve " eo 658,00 6500.00 '" LR Nelson 7&44. 1" Irrigation quick coupling v..lv<> " C" 201,00 8&43,00 ,. LA NeI.on7641 Irri\lll-l;onquiokoouplingVllWekeywithoorrespondingswive 1,,11 " eo 11100 1221.00 " (RFPMl2, gr~..ncolorrelleclivepevemenlmerke", at tOj> 01 curb at each quickooupling locahon '" C" 14,74 162140 " Toro220-27.X-5,220 Seri.... bras. 1,25" ElectrOc solenoid vaws with EZ R..gpressu,eregulator " eo 47200 2407200 " Toro 570Z-12p.SI.PR)(. 570ZXF Sene. 12" H;gh Pop"up Spray Head with XFX -Flow shut"off device 1210 eo 46,40 56144.00 " ToroFB-PC Senes bubblers lor designat..d trees/palm., (1) bubbler p..' " ee ", Co 27.00 6.210,00 SubtOlal Secllon V, lIerm; 1..23 25~,lll4.80 Tolal Baae Bid Secllons l.v :;rift.6I!iillS' 622.424.8& ". ALTERNATES , SubsliMe Owarl Powde, PlJIf lor While Ind,goBerry M~ eo 9,50 36613.00 OW W. 00 , Substilute lie. Shillmg. 1m White Indigo Berry WM Co 7.75 29668,50 .00 30832,00 , Down sile Magnolias to45 gallon, 12'oa " Co 175.00 3.325,00 324.00 6156,00 , Downsizs Red Maple lreesto 309allon, lO'0<I.4',2"cal . C, 60.00 460.00 158,00 948.00 . 6"HDPE-Class 150SDRll E><Ira molecular weight HOPE I"iga..on SI....v.. " 46.16 OS,16 36.00 36,00 . 4"HDPE-Class 150SDR11 E"',a molecular weighl HOPE Irrigation SI..eve , " 33.00 3300 19,00 19.oo , 2"HOPE-Class150 SDR11 E..r.molacularweightHOPElrriga1ionSleev.. , " 17.70 1770 14,00 14.00 $ublotaISacllonVI,ttems1.7 70,385.38 68.837.00 TolaIAllem.",.Vl 70,~85.36 68.837.00 VI. INSTRUCTIONS TO BIDDERS 1 Conllactorlobid lumpsumO(un~ price. lor ifsmsas noledabove. 2. QlJanlitOesshown.."'eslimale.fromplanleke-o~s:contractorshall'eviawplans, spscifiealior\sar\d field condition. p,iortopro,iding lump sum amounts Unit pr;ce..hallbe based on the estim..ted quar\tities listedebovs . Planl unit prices to inclu<leplar\ting .oil mi. backl;11 p"'.pec~iC81ions. ColI'er CO\Jnty to prClVi<le Mo1orola irrigation confrol equipmsnl IlTigetioncQr1lraClor.hallpro,idewelldfillin9whenendwna,..applicabIe, as well as other control..quipm"n1 NOT m,,"\Jfactured by Motorola, ..nd irrigation water mste,s. Irr;galion contractor shell prepare all less and permilsapplicable,andpa yanyle"s,equ"ed, Gerlerel contractor shall prc\iide in cond\J;tlolhe pump stalion(sl andconlroll er(.) electr;eal power...rvics suila.ble 10' pump'Ul1ion(s) and ccntroll..r(sl op&ralion. ElaC1,ical power and service shall be in accordancetothepumpstabon..ndCOfltrollermanulaC1urarspecilicalions,Generalconfractorshall include all nardwara and labo(necessarylor providing adequate alaCll iealoaNice 6 LS~LumpSum 7 Ea " Each 6 SF=Squ..r..F....f 9 LF. Lineer Feet 10 CY = Cubic Yard. Araz02aBros Hannula Land.cein Material Manulac1ure L,stofSubcontraC1or Slatememof Expefier>ce 01 B;dde TranchSeletyAc Bid Bon AddendumsAcknowledge , , , , , , , , , , , , Opening Agent Wltn..S<l OC.P_2" Pag.,ol' Tropics North ,,, 505,g3 1011,86 250.00 698.66 698860 910.55 ~,105,50 141.22 807246 15500 6665.00 79,15 670&5 95.35 1046,85 13.90 152'900 3.20 352.00 806,37 31026.87 425.50 21,700.50 45.47 55016,70 44.30 53603.00 20.79 4781,70 28.95 665850 313,744,04 2\1~,124.05 71~.213.35 1082 41700.28 '00 15416,00 10.82 4170028 3.60 910:40 67321 12790,99 8500 1615.00 238,16 1426% 25.00 150.00 43.45 43.45 65.00 65.00 28,34 28.34 21.40 ?140 18,ag 1B.69 1200 \17,711.19 \17,711.19 Tr icsNMh VHa&SonLandsce,n , , , , , , , , , , , , Agenda Item No. 1667 February 14, 2006 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing removal of a non-warranted traffic signal from the intersection of Radio Road at King's Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. OBJECTIVE: To remove a non-warranted traftic signal from the intersection of Radio Road at King's Way/Briarwood Boulevard. CONSIDERATIONS: The Board of County Commissioners is responsible for the approval and authorization of the installation of traffic signals on the County roadways. A traffic engineering study, performed and approved by a Professional Engineer registered to pIactice in the State of Florida and by the staff of the County's Traffic Operations Department, has concluded with the determination that the subject intersection's traffic signal does not meet the minimum warrants for signalization, as set forth in the Manual on Uniform Traffic Control Devices, and has recommended the removal of said trallic signal. The continued operation of an unwarranted traffic signal is an impediment to the safe and efficient operation of the County roadway system. FISCAL IMP ACT: The cost of the removal of the traffic signal support poles, signal heads, support cables, and controller cabinet foundation will be approximately $4,000. The controller cabinet, signal heads, and electronic equipment will be salvaged and reused at other locations. Funds are available in Transportation Services Fund (10]). GROWTH MANAGEMENT IMP ACT: This action will assist in growth management by increasing the traffic capacity of Radio Road in this segment. RECOMMENDATION: It is the recommendation of this Department that the Board of County Commissioners approve the Resolution, authorize the Chainnan to execute the Resolution to deactivate and remove the traffic signal at the intersection of Radio Road at King's Way/Briarwood Boulevard, and direct the Transportation Operations Department to replace the trallic signal with appropriate "STOP" signs and pavement marking on King's Way and BIiarwood Boulevard. Prepared By: Robert W. Tipton, PE, PTOE, Traffic Operations Department Director Attachments: ]) Resolution authorizing the removal of an un-warranted traffic signal on Radio Road at King's Way/Briarwood Blvd.; 2) Traffic Signal Warrant Study performed for the intersection of Radio Road at King's Way/Briarwood Blvd. during January, 2006 - Item Nllmber: ItemSllmmary: Meeting Date: Ag'imda item No. 1687 February 14. 2006 Page2of13 COLLIER COl'NTY aOARD Of COUNTY COMMISSIONERS 1681 Recommendation to approve II Resolution authorizing removal of a non-warranted traffic signal from the Intersection c;f Radio Road at Kin\ls WaylBriarwood BouleYard_ RlllT10val of Ihlt traffic s'\lnal poles and equlpmenl will cost appf'O~ma!",I~ $4,000. 2l14f20069:00,OOAM ""'" PI~paredBy RobertW.Tipton,f',E, Transpol1ationSorvkos TrafficOpHati<>nsDiroctor TrafficOp..rations 1127IZ00611:3;,26AM "oW Approved By RoooI1W.Tipton,P,E. Transporh.ticnS..."ic.." Tr..ffic OplJrabolls Di,odot Traffic OfKIrll!iclfls 1127120064:061''11 ",," Approved By Nonn E. Fed"',AICP Tran!<pnrtalinnServices TrallSp.,,,,,,Hl)nDiy;sionAdlnin;stmto. Transportatio" SnrvicfHI Admin. 113l1!2GD6t;40PM """ Approved By $haronNGWman T.anspotlJrti'mStlrvi<;"" A<;cOllnlingSUf'f'''''sor Tnmslloru.!ion S.mri<;e$ Admill 1/301211004:11IlM ~.... AllprovedBy SC<lttR.Teacll County Mtnrney Assi$1ant County Aflorner C<H.lllly Attorney Ollke tIJ112GQ6t,49PM 041\1 Approved By PatLl'!lnhard Transpor1atlonSmviwa EK<I"utivllSlJcrvtary Tratlsport~t;"nSc",ic...sAdm," 1/31120061:56 PM Approved By [hi. OMBCOCl,d;"ator County Man"g...'~OffiG" J..<lminj$lrll1iveA~$,sbl1t Qffb. of Manag",m"nt& BlldYl>t 11:l1/Z0atil:09PM 0,. App,'oved By Jhrl<IS<lcks<Jfl Courrty Managers Offit:e Surlg..tA",,-IY$t Offi<;eofManagam..,,!&a...dgftt 1I31/)n063:42I>M ".. App,'oved By JamnV.Mudd ana.dofCounty C!lmmis..i"nl':rs CauntyManllll1>r C"'mlytlhmUller'"Ofli".. 212121lQ\i7:ZSPM Agenda Item No. 1667 February 14, 2006 Page 3 0113 RESOLFIION NO. 2006.~ RESOl.VTIO)! TO REMOVE A ~ofON-W ARRANTED TRAFFIC SIG)!AL FROM TIlE 1t\'TERSECTION OF RADIO ROAD AT KING'S W A Y/llRlARWOOD BLVD. WHEREAS, tht'. Board of COlJnty Commis...,inneT~ 1:; respons.ible for the approval and authorization of the installation of lrnffic s.igna1s on the County IOudwQ)'$. and WHEREAS, a Profc8s;onat Engineer, registered to practice in the State of Florida and on the staff of the County's Transporr<l.lion Operat;ons Department. conducted a traffic engineering \i.tudy and clmduUed that the inlersectlcm of Radio Road at King's WuyIBriarwood Boulevard doeJol not meet tile minlmum warrants for 5ignalil.ation, as set forth 10 tile Manual on Uniform Traffic Control Devlce.s., the remo\'ul of said traffic sjgnal;s recommended, and \VfJEREAS, the Board of County Commissioners recognizes that lhe continued operation of an unw<LTTanle:d traffic signal is. an impediment to the safe and efficient operation of the County roadway sy:;rcm NOW, THEREFORE BE 11' RESOLVED BY THE BOARD Of' COUNTY COMMISSIOKERS Of' COLLIER COJ.:NTY, FLORIDA THAT Ihe !rallie 'ignal loealed at the interJi,ection of Radio Road and King's Way/Bri.11wood Boulevard be deacTivated, removed, and replaced With "STOP" signs cornroiling trame ()n King'" Way nn the south side of the intersection and on Briarwood Boulevard on the north side or lhe inLersection, THIS RESOLUTION ADOP'TF.D after motion, :ioeC-ond, and majority vote favoring same thls d"yof .2006. AlTEST: DWIGHT E. BROCI<, Cle,l< BOARD OF COlJNTY COMMISSIONERS COLLIER COUNTY, !'LORlDA BY: BY: FRANK HALAS, Chairman A~#' i2TInLL ,"llieleney: Scott Teach Assistant. Collier County AUDmey li,>l(.o: id"\> Agenda Item No. 16B7 Page 4 of 13 ~ !1ifu TIUFFIC SIGNAL DE~W A.RRANT STUDY ..../ ;':~\:. RADIO ROAD @ f.O~lREfBRlARWdhD :~ ,':' .:~' :'~,: ~t:: PREPARED BY STEVE,,~U, P.E., S~NIOR EN(;INEE~;!. ':J:: .::: ,.;). TRAFFIC OPERATIONS DEPARTMENT ~ , COLI);IEWCOUNTY, .Ji'LORlDA 'C'. ...'. ~. .. January 25, 2006 rl, ~ Agenda Item No. 16B7 February 14, 2006 Page 5 of 13 SIGNAL De-WARRANT STUDY REPORT AT RADIO ROAD @ KINGS W A YI BRIARWOOD. (DATE: 01125....06) A signal de-warrant study at the above referenced location has been completed and the results are as follows: . LOCATION This intersection is located on Radio Road & Kings Wayl Briarwood with eastbound and westbound approaches on Radio Road, soulhbound approach on Briarwood and northbound approach on Kings Way. On Kings Way, there are two lanes for this approach. There are no lane usc signs or markings for either lane. On Briarwood there is one lane for southbound throngh and left-turn traffic and one exclusive lane for southbound right-twn traffic. There arc 2 traffic signals nearby. One is located at Livingston Rd., which isl200 feet west of this intersection and the other one is located at Countrys.idelDevoT1~hire Blvd., which is 1.4 mi, east of this intersection. The location map and field photos are attached below: ~"\:~.'''~''~~.- , '\ .",..or~\!..-~j. ~:r~. t~ ~ ~'-'l'-1'_ '\,._~J 1 ~ " \',-.. '~fi:l i'r:::~~~~ '.JJ ! c-:--r~) f ~~,:~( <S~t-:~~) ) '"-,,.I. ,., ',. -.' , i(/. '''Z_',-<] ! "' I ~~---,._".- 0-..._0 , I ~~~~. IIJl I - ,,,. I I " r-- ! '1'/"" '. I ',. ~U~~'~_'"-:-\ I I L_---""-.,,;.... INTERSECTION tOeA TION NJ A ~ , I ^""'~~"j =Jt~1 r-+:.:;::.. , it r-~" L:- J " I~.. . 1 .~ \ l ---1.. WESTBOUND APPROACH ON RADIO ROAD SOUTHBOUND APPROACH ON BRIARWOOD Agenda lIem No. 1687 February 14, 2006 Page 6 of 13 . --~---"-'_. -...._..-~-.--~.~,...... Agenda Item No. 1667 February 14, 2006 Page 7 of 13 NORTHBOUND APPROACH ON KINGS WAY . CRASH DATA There were a total of 4 crashes reported in 2005, and all of them were rear-end t)]Je crashes. In 2004, there were a total of 7 crashes reported --- 2 right-angle, 4 rear- end, and 1 right turn. In 2003, 5 crashes were reported-3 rear end, I right angle and one left tum crash. There was no crash reported in 2002. According to the MUTCD, a minimum of 5 crashes (per twelve month period), which are susceptible to correction by the installation of a traffic signal, are required for the signalization of an intersection. The Crash Warrant is intended to analyze whether an un-signalized location warrants signal installation. The signal for !bis location was installed in 1996. However, this crash data indicates that during the three year 3!lalysis perioo, three angle crashes resulted from red light violations on Radio Road. Eleven rear end crashes occurred. (Rear end crashes are prevalent at unwarranted signals.) A left turn crash and a. right turn crash also occwred during the analysis period. The left turn and right turn crashes were probably unaffected by the signal. (Collision diagrams for 2002, 2003 and 2004 are provided following the report text.) . SPEED LIMIT The approach speed limit is 45 MPH on Radio Road (Major Rd.). Since the speed limit is greater tI1an 40 MPH on the major road. according to the M.U.T.C.D., the volume requirements used in this <malysis are reduced 10 70% of the normal reqnirements. Agenda Item No. 16B7 February 14, 2006 Page 8 of 13 · l'RAFFIC COUNT Since traffic volwne on the major roadway (Radio Rd.) mel lhe warrant reqniremcnts, this study was mainly focused on the side-street turning movements. For the sake of lIC(:uracy, staff conducted a field manual count on Jan. 19,2006, 6tarting at 7:00 am and ending at 6:00 pill, which covered both morning and afternoon peak hours. The results of the manual counts are summarized and labulated as follows: TIME Kines Wav/BrillTWood (Minor Rd.) Rlldio Road Maior Rd) NBLT NBTH SBLT SOTH EBLT WBLT 7:00-8:00 30 I 24 3 2 8 8:00-9:00 48 I 23 I 8 15 9:00.10:00 61 I 26 I 15 16 10:00-11 :00 62 2 20 0 12 21 11 :OO-lZ:OO 70 (I 16 I 21 26 12:00-13:00 51 I 23 0 29 31 13:00-14:00 54 2 25 2 26 20 14:00-15:00 45 I 15 0 18 31 15,00-16:00 41 0 27 0 35 23 16:00-17:00 26 1 26 2 31 36 17:00-18:00 49 2 18 0 33 22 . ANALYSIS REQUIREMENT: MUTeD, Warrant 1 A: Minimum Vehicular Volume states: 500 vph (350 for 70%) for 8 hrs. on major street (total of both directions) and 150 vph (105 for 70%) for the same 8 hrs. on minor street (one direction only). RESULT: Because the speed limit on the major road (Radio road.) is 45 MPH, the volume requirement is redLJoed to 70% of the normal requirement. The 70% requirement for the minor road is 105 vehicles per hOLJr for eight hours of the day. From the above table, we can see that there was not a single hour that met the volume requirements-- warrant requirements were not met. REQUIREMENT: MUTeD, Warrant 1 B: Interruption of Continuous Traffie: 750 vph (525 for 70%) for 8 hrs. on the major street (total of both directiOllS) and 75 vph Agenda item No. 16B7 February 14, 2006 Page g of 13 (53 for 70%) for the same 8 hrs. on the minor street (one direction only), RESULT: Only 4 hours met the requiremsnt of 53 vph on northbound Isfl-tuming (NBL T) traffic ---- warrant requirements were not met. REQUIREMENT: MUTeD, Warrant 7, Crash Experience: The need for a traffic control signal shalJ be considered if an engineering sludy find:; that 811 of the following criteria are met: A. Adequate trial of alternatives with satisf8ctory ob:;ervance and enforcement has failed to reduce the crash frequency: and B. Five or more reported crashes, of IypBs susceptible to correction by a traffic control signal, have occurred within a 12-month period, and C. For each of any 8 hours of an average day, 60% of tl1e required volume of warrant 1 condition A or warrant 1 condition B exist on the major-street and higher- volume minor-slreet 8pproach. respectively, to the intersection. RESULT: As previously discussed, the crash data did not meet the warrants for traffic signalization. In addition, the intersection experienced excessive rear-end type crashes which were usually associated with un-warranted traffic signal application. --- warrant requirements were not met. . CONCLUSION The study found the SUbject intersection did not meet any warrant requirements for traffic signal installation and, therefore, should not be signalized. Agenda Item No. 16B7 February 14, 2006 Page 10 of 13 "'LORIDA DEPARTMENT OF TRANSPORTA TION COLLIER COUNTY DRPARTMENT OF TRANSPORTATION STUDY NAPLES, FLORIDA DATE: 1/25106 COLLISION Dli\.GRAM LOCATION: Radio Road (eR 856)@ Kings WaylBriuwuO<J Bh'd PERIOD, 111IDS. WI30!OS NOTE: SigRallR'iallalioR ..-as Janaary, 1996 I'REPARED BY: Nanc)' Frye, Engineering Technician '. Sue~ U11rltn'L1oJ KIvu I D Street: Nf)I''Hl ... ~lII0l2S105 1610 DCI I ~ Ught!i. out 'a~ Hu rrical)Q ~ 00 t'1 -+[9f211\l5 913 WCl I ~ ~ '" .9 18.'31105 ID3 Del I ~ ~ '" 1~7105 1325 Del r Li9hl 0"1 fo,'Hu"lc.ne OC1.Cl' Type. I iStn:,. Kin.!!' W.y ( . Rc~r End 0 [n.jI.lTY Time of 1}..l.Y: MiU1.ar)" 'JnkAllW T[1,'bnnuti-LlJ1 - UNK t~ Right An:le C fataliry Wcat'h~r Cmu.liLiunl- I"fII..'ll'mcm Conditk1fl3 C- Clew- n.Dry R-RiJLn. W~\.vct ................ Left"r'lm p. foog S - ~lipreTY -- LigM ConditiLms 1- D3).(j~ht, m.;. - Dcuir., loll - Dawn 0' DlJsk: 1--- ~ Ril!!;ht Tum .t\.:;':CjOOlt fropOrf)' lnjury Falali'y Total S1JI[lTTl<ll")' Damag;eO(lly Injury Code: l}fyljgllt . :z: - Pos.sibl-ej J - non-lnc~p~citutjng; 4- Nlghl Ill.capncl1I1Lin~~ 5-Fw..aIity; 6-Nou-trdmc FlIbllity bl.wn-o,.I)I,ls,l;; .' Agenda Item No. 16B7 February 14, 2006 Page 11 of 13 FLORIDA DEPARTMENT OF TRANSPORTA nON COLLIER COUNTY DEPARTMENT OF TRANSPORTA nON STUDY NAPLES, FLORIDA DATE: 511105 COLLISION DIAGRAM LOCA'I10N: Radio Road (CR 856) @ Klllgs WaylRrlarw...... Blvd PERlOD,. 111104 - 12/31104 NOTE, Sigl1JliInstalllltlo1l w"-' J"",,"ry, 1996 plU':PAREDBY, Nancy Frye, Engiru:eriog Technician .' Street: Br-.u.irsA.tJoOI:.! Bl....ei I D sow: NORTH ~ ~ ~3112104 610 DCl I .. .....-,317104 655 DeLD !;i I ! 1~119104 740 I r..... DCOK (Ran Red) . +- 0 ~ 1~1104 14QO DCL I (RanRe<l) 8/17104 1604 DC!. I [7I17Jll4 1405 DCL I /' .. "'1101 ~ ~ 5/14104 745 OCL 1"- ~ Other Typco 1119>'04 I)J.O DeL Drove off Rod moIdnll arishttufIL Is_o Kin", Way " IWullnd 0 Injury Time o( Da)': Military Unknow Information ~ UNK t-<f- l'.ight.'-"1l1o C F:lt:llil:y Weather Omditiof.ls Pavement ConiJitioC3 C.C1e:ir D.Dry R*R.l!.in W.Wet t-u,ft1'um F~ Fog S - Slippery -+- Li~ht ConditiOl1S ~ I - DlIIytight" UK - l.J>.ark, LJ') - Dawn or Ouzk "'- Rie;ht Turn Ace_' ""'r>'rtY Injury Falaltty 'rntILl SUrmJa~ DJ~ Only Injury C"",,, navliithl 2 -l'Q~~~tl:1 J - non~jRC:apacit.llling; 4. Nignt IncapllcitJ.ting.;. :5-F.\tality; 6-Non.wffie Fatality ~'tl or Dusk Agenda Item No. 1667 February 14. 2006 Page 12 of13 FLORIDA DEPARTMENT OF TRANSPORTATION COLLIER COUNTY DEPARTMENT OF TRANSPORTATION STUDY NAPLES, FLORIDA VA TE: Sl214l5 COLLlSTON DIAGRAM LOCATION, RIdlo Road (CR 856)@ Kings WaylBriarwood Blvd PERIOD, 111/03. W31{()3 NOTE: SlglUlllodaUation was JaolW'Y, 1996 PREPARED BY, Nancy Frye, Engioeoring T~ohni~ian , Str..t Ih.~ BM3 I D Slreet~ NORTH '" ~9f17103 1222 DCL I '" - 1:1 f12117103 1401 DeL I ~ &J ~O .51 ~ a 51191Q3 651 WCL I . . ~ 51!l103 1640 oct. I 1:~:':5 DCLIO Other Types 3/4103 .IS DCLD SidCS"H1pe Pusing Sch BllS 10111103 W9 Ran .ffRd 1>11\l~ 15$5 WCL I Is~""" Kil>gs Way RtTurn Veh VSBllo: Rear End 0 Injury Time or Cay: Milibry , lfukhow (nfOJ'lTlatiOfl - UNK t~ RishtAngle C FaI:<lity Weathe:rCantfuiQns Paveme:ut CO':tlditioOM C.C"", D.Dly R-R.ain W.Wet .- LdtTum P.fog &.Slip.,ery ---Jo-' Light Conditi0'll5 "1- I -lJayfig-ht,. DK.. Thlrt. LO. D3wn or Dusk "" Righi Turn Accident ProI""Y Injut)' F.ntlllily T\}t.;].l S"""""'Y DoInoi< Only flljwyCocIc' lloyligbt 2- ~oss[b.le; 3. l'IDD~iTll::aplK'itatlng; 4. Nigbt Inc~:JcitatitJg~ 5-Fatalit}'; 6-N(]n~traffic Fal!J.lity Dawn or Dugk " -'. Agenda Item No. 1687 February 14, 2006 Page 13 of 13 ,/-1l-t './4. A-r,:, RADIO ROAD d}. ~GS '':.A Y 7~eu.,i:15 1 2 7 7:15-1:30 1 10 2 7:36-7:45 4 8 6 7:45-8:00 .'. 2 10 :9 .1 . 1 :.~' -. .~Wg,?t0t~1~1~~{-@1i,~ii~&~g;fR~W&1;tkdtfUg.i\t~i 8,:00,.a:15 1 4 16 5 1 8:15.8:30 2 413 8 &30-8:45 3 1 9 2 8:4s.:.9;OO 2. 6.. .1l) B .1ft~1fX~~~~\t%@WJjj~W11~1Jlff%f~~\Wli~Th'fr;l!h~fPfBffii~k 9:()(I~9:1S :3 1 8 11 1 9:15-9:30 2 4 14 6 9;30-9:-1$ 7 5 15 3 9:45~lo:()n_ .' 3 . 6 . 24 6 . . 1 ~i\@r~&.-~Wt~#wJj~'ttMt~,II.IJMB~:4tE*jl&~~n%Ht~W1IdWH;, lU:00010:1$ 2 5 14 5 1 1U:15-10:ilJ2 -4 18 6 1 HJ:30.1D:4S 2 1 11 5 10:4S---11:00 6 5 19 4 ..-~_ J~f&1W~lWifXMti;~t$W;.tI%1.21lllifi;4@10ii&I#11t-...- IhfH)~1l:15 2 8 21 :3 11:15-11:30 8 5 10 5 1.1:3l)...11:45 5 B 21 ., 11:45.12:00 _ 6. .5 .18 . 1 :":~,,':~-&_~Wk1M_?f:~~f~w:%~%iiHH@*~m~f!;u'@jWilli: li:oo-12:1!' 2 5-.' if 3 12:15-12:30 1.11 10 18 6 IZ;Jl)...12~4S 9 7 16 9 12:45;.1;00 4 13 .:. " N.(fi'K. 4' ~ .'~ .W f lW'Jliltdll ..> 1 1 9 8 6 5 5 4 11 , 18 0,,4:1!l 15--4:30 30-1:45 45-5:00 7 7 5 6. 1 . .'?)l'~1gt@4-~;@jKtt~j{::SWg;~:.::Jfg.@:t~JlliM$.:~~]t~~llft~j1~f1f1- e 4 11 ~ 13 9 12 e 2 10 6 14 4 5:45-6:0lJ ...2.. 3 12 3 '.'-"1t#J1?lJm;~W%{?~~Mi~Z~gWk4!M.J.1t1~\:i@'1.~;lF}Iti;fl~}tl~fW .":,j; ,,-. EXECUTIVE SUMMARY Agenda Item No. 16B8 February 14, 2006 Page 1 of 7 Recommendation to approve a Change Order to add $93,740.70 for waterline inspection and $149,055.07 for sewer inspection to Johnson Engineering, Inc. under ITQ 04-3583 "CEI Services for Collier Coun~ Road Projects" for Project No. 60018 "Immokalee Road Project from Collier Blvd. to 43' Ave. N.E." in the total amount of $242,795.77. OBJECTIVE: To continue professional Construction Engineering and Inspection (CEI) Services for the utility portion from a highly qualified firm for the Immokalee Road Project from Collier Blvd. to 43cd Ave. N.E. in a cost effective manner. CONSIDERATIONS: Johnson Engineering has been providing CEI services under a work order issued under Contract 00-3 I 84 Fixed Term CEI Services for County road projects. On September 24, 2002, the Board of County Commissioners approved an Executive Summary for the first portion of the project with certain Milestones. Subsequently, on June 28, 2005 the Board of County Commissioners approved a new contract with Johnson Engineering. However, the new contract did not carry forward the utility inspection for the waterline and forcemain. It is in the County's best interest to maintain Johnson Engineering as the CEI for the utility inspection as well as the road inspection. Staff has successfully completed negotiations with Johnson Engineering, Inc. in the amount of $242,795.77 for these utility inspection services. FISCAL IMPACT: The total cost of this transaction is $242,795.77. Funding from WateI and Wastewater Impact Fees is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Funding in the amount of $93,740.70 is available in the Water Impact Fee Fund (411), Immokalee Road East Water Transmission Main Project (70093) and funding in the amount of $149,055.07 is available in the Wastewater Impact Fee Fund (413), Immokalee Road East Force Main Project (73131). Source of funds are Water and Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CEI #60018) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Change Order to Johnson Engineering, Inc. for the continuation of utility inspection services for this project and authorize the Chairman to sign the standard County Attorney approved contract. Prepared by: Lynn R. Thorpe, r.E. Attachments: Change Order # 2 Modification Order Spreadsheet .- llemNlImber: IlemSlImmary: Meeting Date: Agrmda 110m I~o. 1588 Febn.H[}' 14. 2D06 P8ge2of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1688 Recommenllaikmlo approve a Change Orderto IIdd S9:>.740.7D farwalerline inspel:lion and $1<l9,055.07Ior sewer inspeclian 10 Johnson Engineering, Inc. uoder JTO 04';,583 eEl Services for Coilier Coumy Road Projects for pmjact No. 60018 "Imrrok.!li"e Road Pmjact from Coliior Blvd 10 43rd Ave NE" 2114/20059:00:00 AM D.. Pnpan.'dBy Lynn R.ThO'l"', P.E. T"'lllspolUtjonSeNi~$ f'rincipalProjectMatlagflr Transportat;onEng;lI""ringand Constl'Uction 1212t!200S9:01:10AM D.. ApprovedRy RuyS.Andtlf5otl,P.E. Public: Utilitio:s PlI!>Ik;UlHiti""EtlllinHrinvOir.;C\or PlIblkUtllit)O$ElIg;n..rillll 1/61;:(l083:14PM 0.. ApprovedRy N'Ij.hAtunad Tt..nsportahonS......iCll'$ mr<lclor Tr..n~poNtf<.onEn9In"'rlllg& ConstroctionManall"rnltl'lt 1/11/200&2:UPM P.. Apprflved By N".mE,h<i\!r,AICP TrllnsportationSmvic<ls Tn"'sp'''1''tj''nOiv;!i-i''nA<lmil1i.~tr"tor TranSI",rtalionServic"" Admill. l1111Z000Z;36PM Om Approved By Shllron~wman Tran$ponalionS..rvic..s Acc<>"ntin!J$Ul'flf~iSOf T"m~p"lUtion ll",-.k"s Admin 1/11/20064:5!lPM DM. Approved By LisaTll/lo. TnmsportationServilA'!s Ma""'gern.",tlBudomAn.ly~t Tra"sportationAdministration i!241200&H!9PM "'~ Approved By RnommRemtiltn Admill;s.lr;rtiV\l$(!rvi,,(!s Contrac~Sp..dlllis.t Pure"""i"lI lIJ0i200SB:3(!AM D"t.. Approved By St9v..Camell Allm;nistl1ltlv\!Services f'ufch..sin9'Gene,,,ISvtsDi,..,ctor Pu",'flasinq 1131120061:34 PM D.. Approved By Pat Le,,,,h$r<l Transp".tal;onSllrvk.." E"",c"tiv",Sp.-cr",;ory T"'n~p"rt:lti"n s~''';,;,,~ Admin iIJl/2D061:5SPM o".te Approved By OMBCocrni"ator Coumy Manag"r's Offi<a Ad"'in;"jfMil/eAssi"l~nt Offk.. m Mlln91lemenl II. Bulll,let 1i31!2G062:17PM D~ ApproVf'd By Su;..nUs""r County M.m~r,,,,r's Office Sen;or Manag..ment'Ehulget Allalyst (}ffieeofManagem..nt&B<ldlle1: VV10001,01 PM Do" Approved By J"m""V<MUdd BoardefCounty Comm.~;o"..~ C<lulltl' MlInllger C<luroty MallQ\l.r''' OffiCll 21l/20t!67:15PM Agenda Item No. 16B8 February 14, 2006 Page 3 of 7 CHANGE ORDER # 2 TO: Mr. Steve Morrison, P.E., President FROM: Collier County Transportation Engineering Johnson Engineering, Inc. & Construction Management Department 2158 Johnson Street .2885 South Horseshoe Drive Ft. Myers, FL 33901 Naples, FL 34104 Project Name: ImmokaleeRoad Project No.: 60018 P.O. No.: 4500052682 Work Order No.: Bid No.: ITQ 04-3583 Change Order No.: 2 Date: 10/3l/05 Change Order Description: Provide additional monies to cover Water and Sewer reimbursable expenses services for the above noted project. Original agreement amount ...............................................................$1,089,810.74 Sum of previous change orders/Amendments ..........:................$ 45,000.00 This Change Order No.2 Amount ...................................................$ 242.795.77 Revised Agreement Amount .............................................................$1,377,606.51 Original contract time in calendar days...... ............................... ......... ...... 730 days Adjusted number of calendar days due to previous change orders .....................0 days This change order adjusted time is.................... .................................... ....0 days Revised Contract Time in working days... ....................................... .......730 days Original Notice to Proceed date .................................................. June 27, 2005 Completion date based on original contracttime......................... June 27, 2007 Revised completion date due to change order(s) ......................... Jtllle 27, 2007 This incIeases the project costs to the utilities by $242,795.77 to cover inspection services for waterline and force main construction. Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related :20' the c ange set forth herein, including claims for impact and delay costs. Prepared b : ,1-. Date: t /" I"",r. . Lynn R. e, .E., Principal project Manager Collier COtlllty Tr~:ta~on rnwrnng & constructJ,' on Manageme;t(/ Accepted by: ~ 'k ~ . . . Date r 06 Steve Morrison, P.E., President Johnson Engineering, Inc. Approved by: C1A_.h j Date: I-IJ- D~ JayAhmadPE,D~ ~ Collier COtlllty Transportation Engineering & Construction Management ., Change Order No.1 Page 2 Approved by: Norman E. Feder, Division Administration Collier County Transportation Approved by: ~ CL-.. Roy Anderson, P.E. . irector Collier County PUED Date: Agenda Item No. 16B8 February 14, 2006 Page 4 of 7 Date: f1 ju6 Agenda Item No. 1688 February 14, 2006 Page 5 of 7 IMMOKALEE ROAD (CR-846) PHASE II UTILITY INSPECTION (CR-951 TO 43RD AVE. NE) COUNTY PROJECT NO. 60018 COLLIER COUNTY, FLORIDA January 1,2005 JOHNSON ENGINEERING, INC. eEl Man-hour Proposal. Utilities BY: Mark K. Beaverson GEl Director Name Position 2006 Total, Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov 32 32 32 23 32 32 32 32 32 32 0 0 0 0 0 0 0 0 0 0 165 165 165 165 165 165 165 165 165 165 18 18 18 18 18 18 18 18 18 18 165 165 165 165 165 165 165 165 165 165 18 18 18 18 18 18 18 18 18 18 This Chan eOrder Utility Con$truclion Inspectioo Am;eFiore-Regular AmieFiore-Premium Jared Thompson -Regular Jared Thompson -Premium Gregg Trokey. Regular Greg Trokey-Premium Senior Inspector Senior Inspector Inspector II tnspectorll Inspector Inspector Allocation (Arbitrary) Labor Labor Water Sewer $ 93,140.10 $ 149,055.07 TOTAL $ 242,795.77 Premium Rate Calculation (Hourly) .Sala Burdens Premium Re ular Premium Position Pay Rate Overtime Cost Overtime Cost (12%) Rate Addition Rate Rate Sr. Ins ector 24.00 12.00 1.44 13.44 70.42 83.86 Ins ector II $ 20.00 $ 10.00 $ 1.20 $ 11.20 $ 64.00 $ 75.20 Inspector $ 18.00 $ 9.00 $ 1.08 $ 10.08 $ 53.60 $ 63.68 . Salary Burdens include SS Tax and Benefits on Overtime Cost only. Agenda item No. 16B8 February 14, 2006 Page 6 of 7 REIMBURSIBLES COST ESTIMATE Monthly Onetime VENDOR !I.5M Months Cost Cost Cost New Solutions LId Office rent and Electric 50 $2.900.00 $ 145,000.00 Sprint 4 Lines 50 $200.00 $ 10.000.00 Office Cleaning Janitorial 50 $120.00 $ 6,000.00 Accent Business Mach. Copier 50 $500.00 $ 25,000.00 Total: $ 186,000.00 Billing to be 1/50 of total each Month or $ 3,720.00 per Month - , CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16B8 February 14, 2006 Page 7 of 7 PROJECT NAME: immokalee Road PROJECT II: 60018 BIDIRF? #: 04-3583 MOD #: 2 PO#: 4500052682 WORK ORDER #: DEPARTMENT: TECMD Originaf Coninct AmGunt: S~9.816.74 i~t;:rtir;f:-l\1:!'.1: Current Bee Approved Amount: $ {,689.816.74 L:l~: Tn:d '\1')nunt ^?pron.-ci by (~ Bee) Current Contntct Amount: $ 1.134.810.74 -x!llding AI: C':\<lnpt.'!' PriC'f Tc ThIS Modification) Clumge Amount: S 242.795.17 Revised Contract/War\.; Order Amount: S 1.377.666.51 ;'lndu:':;l'.g <!bi~ C1U1JjlC ::rtler) Cumulative Dollar V>>lue of Cham!es to this ContractrWork Order: S 287."1'95, {', Date of Last BCC Approval 6/28/()5 Agenda Item # 10A Percentage of the change over/under current contract amount 26,41 Forrula: (Curiert ,~,mount j Last Bee approved aMount)-1 Results and f"l,c1:io...s if the c..1"Hirge exceeds 1-:J'~-S Bee approval is required Purchasing rex,l'"!.. For specifit :nfo~rna!ion rega'"dir':g work order threshoids. ,A,dr"1inistration ~ro::edmes, Secti-;)n ;r;.C4 % ui'ider 10% reported to Bee 0r1 please refer to the Procurement CURRENT COMPLETION DATE (S}: ORIGINAL: 6127/07 CURRENT: 6127107 SCtvlMARY OF PROPOSED CHA"!OE (5) Identify the changes. To add additional monies to cover CEllllility inspection for the- w:oltedim.. fmd rorer'main. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? UtilITies requLr6 full time inspection on their :JtI1ity lines. PARTIES CDNTI\CTED REGARDING THE CHANGE: Lynn R. Thorpe, P.E., Principal Project Manager, Usa Taylor) Management Budget/Analyst, Harry Hubert Senior Project Manager, PUED. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) -L Proposed charge is consistent with th,e scope of the ~xisting agreement 2_ Proposed charge is in fact an addition or defetion to the existing scope -L Change is being Implemented in a manner consistent with t".e existing agreement _~_ The aporopriate parties have been cons~!ted regarding the change ..:!... proposed.PrfceS,,~es and co.s;t set Forth '1'" the change are reasonable /----"/;/ Ii ". ROJECT.tAN-'WE., R REC~ENDATION: This form is to be s.igged f.n~ dated. APPROVEBYj'A^,-L-:: / ?1...u-r- Dare ! L';lo- r //S.ro;~ct Mana;Jer .- REVIEWED BV' . - Date: Contract SpeCiaj;s~ Agenda Item No. 1689 February 14, 2006 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to accept a funding agreement with the South Florida Water Management District to share a portion of the construction cost of the Lely Area Stormwater Improvement Project Phase I and to approve a budget amendment recognizing $400,000 of revenue appropriating same amount as an expense into the project, Project No. 511011. OBJECTIVE: To receive Board approval to enter into an agreement with the South Florida Water Management District, Agreement No. OT060483, providing funding assistance for construction of Phase I ofthe Lely Area Stormwater Improvement Project in the amount of$400,000. CONSIDERATIONS: For several years the South Florida Water Management District (SFWMD) has expressed to County Staff its desire to provide cost sharing assistance with construction of the Lely Area Storm water Improvement Project (LAS] Pl. The two major environmental permits necessary to begin construction of the project have been issued and construction of Phase I of LASIP is in the final planning stages with work currently scheduled to begin during the first half of this year. SFWMD has received funds from the State Legislature for implementation of 2006 watershed restoration projects in Southwest Florida as part of the Naples Bay Initiative. SFWMD has earmarked $400,000 of these funds for a portion of LASIP Phase L - Phase I of the project consists of several components at different East Naples locations. Some or all of these portions of LASIP may begin various construction activities this year. The Phase I component with the highest priority set to begin construction this year, and the subject scope of work of this SFWMD cooperative funding agreement, is a section of the Lely Main Canal from U.S. 41 north under Rattlesnake Hammock Road continuing north to the southeast corneI of the Kings Lake Community. This existing canal will be deepened and widened. The total length is approximately 7,000 feet. The current cost estimate is $4.3 million dollars to complete the entire length. The project is planned to be let for bidding beginning in April, 2006. The total length will be divided into segments depending on funding availability and bids received. Currently $ 1.4 million do liars is budgeted for LASIP Phase I. Construction is planned to commence in this location tirst due to its downstream location relative to the overall Lely Area Project. In geneIal, with some exceptions, all of the LASIP work will be constructed in a downstream to upstream fashion. FISCAL IMPACT: Proposed revenue of$400,000 from this coopeIative funding agreement is recognized and appropriated as an expense into the project, Project No. 511011, Fund 325. Matching funds are available in the same project number and fund. GROWTH MANAGEMENT IMP ACT: The Lcly Area Stormwater Improvement Project IS III accordance with the goals and objectives of the Drainage Sub-element of the Growth Managemcnt Plan. RECOMMENDATION: The Board of County Commissioners accept the attached South Florida Water Management District Funding Agreement No. OT060483 providing $400,000 of matching funds to be utilized as funding for construction of a portion of the Lely Area Stormwater Improvement Project Phase I, and to diIect the Board Chairman to sign the agreement. Prepared Bv: Jerry Kurtz, P .E., Principal Project Manager, Stormwater, Transportation Division Attachments: 1. SFWMD Funding Agreement No. OT060483, 2. Budget Amendment. Item Number: ttemSummary: Meeting Date: Agenda Item No. l6B9 Fabruary14,2QCl6 Page 2 0120 COLLIER COUNTY BOARD OF COUNTY COMMISSlONERS 16S9 Recommendation to eccept e funding agreement with the South Florida Weter Management Olstrlc!to ehQre a portion 01 the construction COSI Of the Leiy Area Slo!mwaler Improvemllnt Project Phase linthesmounlof$400,OOO, 2/14/20069:00:00 AM ""'" AppNlved By GeraldKul'b: Trans.p"!"tlrtionSmrvi<:..s S"niorEn9ineer Srormwal.,Man"(loern",nl 1127IZ0Ofi 11:38 AM em Approved By EUll.noCal".." Tram.po-r1:atlonsServ,<:e5 ;>rin~ipaIPmi..~tMllnagilr l'ranspDrtmi"nEnll'in~rinIlD"d CO"$lructionManag..meol jIZ$IZD063:29PM em Approved By NlIrmE.F..<ier.AICP Trnn"portlll;onServicoes Tr"n"p<.>rtatl<.>nDivi"i"..AlIminlstrllto. Trlln"po"~U"nServl""sAdmin. 1130120062:.1 PM ""'" App.'oved By ScoU R. Toach County Att<>rney Au;stunl C"unlY Atlom(lY C"untyAtI<>meI'Offi<;e 1131f10002:00PM "'.. AppNl\'edBy SharonN"wlTum Tranl'portatlonS<llVic&.S ACC<>llntinllSupervi5<>f Tfan~..ol1llli"nSa""ices Ad'n;n 1I31120(l; 2:25 PM om. Approved By Pat Lehnhard Traosp<>r1atiollServic"... E)f~euti"..Sac~tary l'raMp<>rlllti<>nS..rvi<:"$Admin 1!31IZ0Q6z:nPM D1te Approved By OMS eo<>rdiMlor C<>Un11' M,mi!;g.u's OrHea Admil1istr~tiv"A5si~ta,,1 Off;ce of M"I'ageffi"llI & BUdg<n Z/11200610:OlAM D"11 Approved By lIlich'loelSrnyktlwskl COUflty M~n~g~r's om""" M<<""II'''Ttt,nt& Bu<lgotilirec1<>r Oflicor of MtnagM,,,,,t A. Bud,,_l ZI61za06H,6PM em Approved By L.."E.Ochs,Jr. B"..rdofCounly C"mmisslo''''N> Dllputy COU1'lty lJI"'n~ger C""nII'Manaser'50Nic<l lt71Z.,06Z:$tPM 0.' .~ OR~~G;l~~~~~ ~ SOUTH ~'LORIDA WATER MANAGEMENT DISTRfC'f' 0"" :; AGREEMENT THE SOUTH FLORIDA WATER MA:>IAGEMEI\'T This number mnst al}pear on alllD\'oices and Correspondence DISTRICT (hereinafter referred tn as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY OT060483 ----..-- Address: 2885 Hnrseshoe Drive Sonth MBE PARTICIPATION: o v/" Naptes, FL 33104 COST SHARING INFORMATlON Project Manager: Jerry Kurtz, PE Total Project Cosl: $ 1,400,000.00 Telephone No: 239-239-213-5860 COUNTY Contribution: $1,000,000.00 Fax No: 239-659-5790 Hereinafter referred to as: COUNTY PROJECT TITLE: LEL Y STORMW A n:R 1M I'HOVEMI"'H PROJECT (LASIP) The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit" A It - Nol Applicable Exhibit "H" . 1\01 Applicahle Exhibit "B" . General Terms & Conditions Exhibit "1" . Not Applicable Exhibit "C" . Statement of Vi ark Exhibit "J" . Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" . J\ot Applicahle Exhibit HE" . Not Applicable Exhihit "L" . !\ot Applicable Exhibit "F" . :.lot Applicable ExhibIt "M" . 1\ot AppJicahlc Exhibit "0" - '101 Applicable Exhibit "N" . Not Applicable TOTAL DISTRICT CONSIDERATION: $ 400.000 AGREEMENT TYPE: Not-to-Exceed Multi.Year Funding (If Applicable) FY : 2006 $400.000.00' *Subject to District Go\'crning Board Anllual Budget Approval TERM: ""\'0 /2) Years EFFECTlVIC DATE: Lj!:..'~iJtIl~ or r:xecutlon bv the Pal1ics District Project Manager: Elizabeth Abbott District Contract Spedali~t: Patdl~k \Viener Telephone No: 239-333-2929 Xl' 7730 561.682.6220 Fax No. 239-338-2936 Fa, No.: 561.681.6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO TIlE COUNTY AT: South Florida Water r'\'lanagcll1cnt District Collitf County 3301 Gun Club Road 2885 Horseshoe Drive South West Palm Beach, Flonda 33406 t\apll's, FL JJ I 04 Att~n!i91L Procurement Departmcnt Attention: County rvlunagcr IN \\'[T'.iESS WHEREOF, thc ~lUthorjzc,j rq\fCSCn13tivc hereby e\ccutcs this Cuntruct on this d8tc, and acecpIS 311 'felllls and ConJition~ t~;;d'~r \vhich It is isslled. COLLIER COUNTY Board of County SOUTH FLQRIDA WATER MANAGEMENT DISTRICT Commissioners of Collier County~ Florida BY ITS GOVERNING BOARD Accepted By: . . Accepted By .. .. Signature of Authorized Representative Frank Hayden, Procurement Director Dale: Tnle: Frank Halas, Chairman - -.. Date: ".--"'-"""-- sufficiencv: ~ t~l'RfMLI> ""PPROVED Il.bv/ (IS- ,nnrnvpd "~ en fnrm ,nd leoal y: W1 V.~.~:- Date: .-s UJ?rb.~ ~+'R-. ,eacu Assistant County Attorney Dated: ATTEST: DWIGHT E. BROCK, Clerk 8 J\gfllJ@Jljl.(n No. 16B9 SOUTH FLORIDA WATER MANAGEMENT D1:S1Fttitgif14. 2006 EXHIBIT" B" Page 4 of 20 GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DlSTRJCT, fully and timely perform all work items described in the "Statement of Work, It attached hereto as Exhibit "C" and made a paIt oftllis AGREEMENT. 1.2 As part of the services to be prov,ded by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonahly requesled by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference material:;, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for tbe final vmrk product required by the AGREEMENT. This paragraph shall survive the expiration or tcm1ination of this AG.REEl\fENT. 1.3 The parties agree that time is of the csscnre in the pCrf01l11anCe of each and every obligation under this AGREEMENT. 1.4 1n the event COUNTY employees or hired \vorkcrs arc authorized by Exhibit "C" to perform services on.site at DISTRICT facilities. tlle COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require cach individual perfonning such on-site work to execute the Attachment 1 fonn. It is the COUNTY's responsihility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C', The COCNTY shall deIe,mine the method. details and means of perfonning the services, \vithin the p:,uameters established by Exhibit "C". TIle DISTRlCT shall provide additional guidance and instructions to COUNTY's employees or hired workers \vhere necessary or appropriate as detennincd by the DISTRlCT. ARTICLE 2 - COMI'ENSATIO:"II CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursllanl to Ihis AGREEMENT shull not exceed the amount as indicated on the cover/signature page of this AGREEMEN1'. Such amount includes all expenses which the COUNTY muy incur and therefore no additional consideration shan be authorized. , 2.2 Notwithstanding the foregoing, the amount expended under this AGREEl\fENT shall be paid in accordance with, and subject to the multi-year funding allocations !()f each DISTRICT fiscal year indicated on the cover/sign[1ture page of this AGREEl\TENT. Funding for each applicable fiscal ye;)r of this AGREEMF.Yf is subject to nrSTRJCT Goveming Board budgetary appropriation. Tn the event the D1STRICT does not approve fimding for any subsequent fIscal year, this AGREEl\lE:NT shall 1t..'I111inate upon expenditure of the current funding, Ilotv./ithstUlding oUler provisions in t]lis AGR~;I<:MENT to the contrary. The D1STRJCT wIIi notify tllC COCNTY in \vriting after the adoption of the final DlSTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 'fhc COUNTY assumes sole responsihility for all \-vurk \\'h1Ch is performed pursuant to the Statemenl of\\Tork Exhibit "e". By providing fimding hereunder, the IJISTRIC[ docs not make any 'warranty, guaranty, or any representation \-vhatsocvcr regardiug the conecb1ess, accuracy, or reliability of any of the \-vork performed hereunder. 2.4 The COl!NTY by executing this AGREE1\lENT, certifies to tlUth-iIHlegotii.ltion, specifically, that wage rates and uther i:li.:tual unit costs supporting tlle consideration are accurate, complete. and current at the Orne of conu:acting> The COUNTY agrees thar the DISTRICT may adjust the consideration [or this AGREEMENT to exclude any significant sums by \vhich the consideration was increased due to inaccurate, incomplete, or non-CUJTent wage rates and other tactual unit costs. TIle DISTRICT shall make any such arljusunent within Page 1 of 10. Exhibit "8" Contract File:\County.doG 12/19/05 8-~..., iO .."............. . , ""-c.. . ~ SOUTH FLORIDA WATER MANAGEMENT DtslllU:Grf,~'.1~g~ EXHIBIT "B" Page 5 of 20 GENERAL TERJ\1S AND CONDITIONS one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3,1 The COUNTY's invoices shaIL_JJ.il.!..r:!:.~t(_fd.___!bfl:. DISTRICT'.'; Comma lvumher and shall be sent to the DISTRICT's address .\pec(ficd an the c()vel/"~gJlfltun! page arliT;s AGREEMENT. The COllNTY shall not submit invoices to any other address at the DJSTRlCT. 3.2 111e COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "Do, and made a part of ,his AGREEMENT. Tn the event the schedule docs not specify payment on a completion of deliverable basis. all invoices shall be substantiated by adequate supporting documentation to justify hours expendtd and expenses inclIlTcd within the not-la-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs. if applicable). receipts and subcontractor invoices. Any authorized travel shall be reimhursed in accordance \vith Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 21S.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and ::J/J DISTRICT requirements as specified In the AGREEI\lENT for invoice submission. The time at \\'hirh pJymcnt shall be due from the DISTRICT shall be forty-five (45) days from receipt of n proper invoice and acceptance of serVIces and/or deliverablcs. based on compliance with the statutOlY requirements set forth in Section 218.70, FS. and upon satisfJction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the COU~'TY to follow the instmctlOi1S set fOlih in the AGREE.MENT regarding a proper invoice and acceptable services and/or cteliver<lbles may result in an unavoidable delay in payment by the DISTRICT. All payments due from tile DISTRICT for a proper invoice and acceptable services and/or deliverables and not made wlthin the ti111e specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (I %) per month on the unp<.1id balance. The COUNTY shall invoice the DISTRICT for payment of any accrued unpaId interest. . Any dispules regmding invoice payments which CJunot be resolved by the appropriate department of the DISTRICT shall be concluded by final wriuell decision of the DISTRlCT Leadership Team not b.ter than sixty (60) (bys after the dale on \vhich the proper invoice \vas rt:ceiv~d by the IlISTRICT. 3.4 Unless othenvise stated herein. the DISTIUCT shall not pay for any nhligillion Dr expendilUle ITl<Hle by the COUNTY prior to the Cl)ll1111CnCClllent date of this AGRlCKMENT. ARTICLE 4 - PROJECT MANACEMEi':TI NOTICE 4.1 '111e pm1ies shall direct all technical matters <.uisi.llg in connection \-vith the pc..rfollnance of this /\GREE.MENT, other than invoi(es and notices, to the attention of the respective Pr~jectManagcrs spccit1cd OLl the cover/signature page of the ACREEMENT for atlempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the perfOmJllnCe of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the atlention of the DISTRICT's Contract Special1st specified on the cover/signature page of the AGREE:VIE:\'T. All formal notices between the parties under this AGREEMENT shall be in wTinng and shall be deemed received if sent by certified mall, return receipt requested. to the respective addresses specified on the cover/signatllJe page of the AGREEJ\:IENT. Ib.e COUNTY shall aLso provide a copy of all notices to the DISTRICT's Project T\hnager. Alllloticcs required by tltis AGREEl\'fENT shall he considered delivered UPO/l receipt. Should either pany change its address. written Page 2 of 10. Exhibit "B" Contn.lct Filc:\Coul1tydoc 12/19/05 8 SOUTH FLORIDA WATER MANAGEMENT D(S~~~~~'.1~~~ EXHIBIT "B" Page 6 of 20 GENERt\L TERMS AND CONDITIONS notice of such new address shall promptly be sent to the other party. All COITespondenee to tile DISTRICT under thIS AGREEMENT shall reference the DISTRICT's Contract Nmnber specified on tJle cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COlJNTY assumes any and all risks of personal injury, bodily injury Jnd property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liahility insurance, covering at a minimum bodily injury, personal injury and properly dalUllge with protection being applicable 1O the COUNTY's officers, employees, servants and agents while acting within lhe scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be constlUcd 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 Slale of Florida or its agent.; and agencies lo be sued; Dr (3) a waiver of sovereign immunity of the Statl' of Florida beyond the \vaiver provlded in Section 76~L28, Florida Statutes, 5.2 In the event the COUNTY subcontracts any part or all of the \york hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any C011lT3ct a\varded by tile COlJNTY for work under thIS AGIU:EMENT shall include a provision whereby the COITNTY's subcontractor agrees to indemnify, and pay on behalf, and hold the DISTRICT harmless [rom an damages arIsmg in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is Ihe policy of thc DISTRICT to encourage good business practices by requlTlng contractors to materially perfoffil in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, FA.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perfonn an act that is an important part of the transul:tion or perfomling an act inconsistent with the tCIl115 and conditions of the AGREEMENT. If the COUNTY materially fails to fullill its obligations under this AGH..EEIVIENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific namre of the l11<lterial breach. TIle COVI'TY shall have thirty (30) days to cure the breuch. If the COllNTY fllils to cure the breach within the thuiy (30) day period, the DISTRICT shall issue a Termination for Default Nolice, Once the DISTRICT has uotilied the COllNTY that It has materially breached lts conlract with the llISTIUCT, by sending a Termination for DeCmh Nntice, lhe JJlSTRICf's Governing Board slndl dctcll11inc whether the COUNTY should be suspended from doing fumre v.iOrk \\,'ith the DIS'rRICT, and if so, for what period of time, 'fhe DIS1'RICT's Governing Board will consIder the factors detaJlt'd in Rule 40E- 7, Part n, F.A.C. in making a dett'rmination as to whether a COUNTY should be suspended, and if so, for \\lh3.t period of tlme. Should the DISTRICT terminate for default in .;lCcon.bnce \V1111 this provision, the DJSTRICT shall be entitled to recover rcprocuremcnt costs in addition to <.Ill other n:medies under law and/or equity. 6.2 l11C IHSTR1CT may terminate this AGREElV1ENT with or \vithout cause at any time tor conwnicnce upon thirty (30) calendar days prior written 1101:ice to the COUNTY. '1'hc performance of work lUlder this AGREEMENT may be terminated by lhe DISTRICT in accordance \vith this clause in whole, or from time to time in part, whenever the DISTRICT shall detelmiIle that SUL:h tennination is in the best illlcrcst of the DISTRICT. Any such termination shall he effected by delivery to the COIJN1Y of a Notice of Tennination specifYing the extent to which perfomulnce of work under the AGREEME~T is terminated, and the date upon which Page 3 of 10. Exhibit "B" Contract Filc:\County.doc 12/19105 ~ 'l:J1 .AQfiI:lWlt;u;T,J..(-Jo.16B9 SOUTH FLORIDA WATER MANAGEMENT DI~ IFltiLlilrJ 14,2006 EXHIBIT "B" Page 7 of 20 GENERAL TER,WS AND CONDITIONS such tennination becomes effective. In the event of tennination for convenience, the DISTRICT shall compensate tile COUNTY for all authorized and accepted deliverables completed through the date of tennination in accordance with Exhibit "C". Statement of Work. 111e DISTRICT shall be relieved of any and all future obligations hereunder, including but not limit.ed to lost profits and consequential d:ullages, under this AGREE1\'lENT. The DISTRICT may withhold all payments to the COVNTY for such \.vark until such time as the DISTRICT detennines the exact amount due to the COUNTY. 6.3 In the event a dispute arises \vhich the project managers cannot resolve between tbcmst;lvt's, the parties shaH have the option 10 submit 10 nOll-hiw]ing mediation. The 111t'dialor or lllcdi;Jtors shall be impartial, shall he selected by the parties. and the cost of the mediation sh811 be borne equally by the parties. The mediation process shall he confidential to the t'xtcnt permitted. by law. 6.4 Tbe DfSTRlCT may order tbat aU or part of the \vork stop If circumstances clielate that this adion is in the DlSTRICl"s best interest. Such circumstances may include, but arc not limited to, unexpected technical developments, direction given by the DISTRICT's (Joverning Board, a condition of irnmediate danger to DISTRICT employees, or the possibility of danhlge to equipment or propclty. This provision shall not shift responsibility {(:lr loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, iTom the COUNIY to tllC D1STJUCT. If thIS provision is invoked, the DISTlUCT shall notify the COUNTY III vvTiting to stop \-vork as of 8 certain date and specify the reasons for the action, \\,hich shall not be arbitrary or capricjous. The COUNTY shall thell be obligated to suspend all work dTofts as of the effective date of the notice and until further written dIrection from the DISTRICT is received. Upon resumption of work. if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C:". Statement of\Vork and/or the project schedule. 6.5 111e DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds amtior in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COUNTY matching funding and/or in- kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGIlliE1\lENT pursuant to Parab'Taph 6.2 above. ARTICLE 7 - RECORDS RETENTION! OWNERSHIP 7.1 The COllNTY shall rn,lintaill records and the DISTH.ICT shall have i.nspection and audi.t rights as follows: A. ~1amtenanceof RecQrcl;;.: 111e COUNTY shall maintJin all financial and non-financial records and reports directly or inrlircclly related 10 tbe negolir.llion or perfom1ance of thi.s AGREE.ME~T including supPOIting documcnt.ation for any service rales. expenses, research or reports. Such records shall he maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGRKEl\lENT. B. E:X<lHlinatiQr1pf Rt:',CQBi~ The DISTRIC'r or its designated agent shJll have.' the right to examine in accordallce with generally accqJted govcmrncnta 1 auditing standards all records directly or indirectly related to this AGREEMENT. Such cxaminalion m,lY he made only within five years from the date of final payment under this AGRF:F~\lENT and upon reasonuhle notice, time and place. (' Fxtended AvadahJllrv of Rl'"Ct)]ds [Ol.':.....l..t'!!al pi:'!mlti;:'~":' In the event th:.lt [he DIS'rRICT should become involved in a ltgal dispute with a third party arising from pl:rfonnance under this AGREEI\1ENT, the COUNTY shan extend tbe period of maintenance for all records relating to the AGREEl\lENT until the final disposition of the legal dispute, and all slIch [('cords shall be made readily available to the mSTRICT. 72 TIlw IHf:Tlllf:T .Jt<Ill.lJ role]]] i!.iJl'rai.-a iitlJ, ee:p)li;;:.ht ~,a ..ther p:;.letE.f.; jl.;1H8 in all .oFl: i:liR ... 5~^ ,/1,,;'6 Page 4 of 10, Exhibit "B" Contract File:\Coul1ly.doc 11/19/05 5E! I r, ,)&b sPA II JJ../b6 rG.._. v;:I Aaenda item No. 1689 SOUTH FLORIDA WATER MANAGEMENT DISTR>ItGT14, 2006 EXHIBIT !lB" Page 8 of 20 GENERAL TERMS AND CONDITIONS inro1nAing hllt ....^t- limih".4 l;Q, all Q~H?'lDJ.iJ:Rt[, tJI3Hft"'!l1 ""'f"'~ r<>"<>'n.,..l~ R"'l''(i'l', f"'ifHil.tiwc- ,~".." ~'1n1fnt-"".. proV':1m<:: inrll1rling thl" c:rmn'p ~nrl n'hip.rt ('(vlF( u. kidi arB €lB' elsJ'sa, ereatea Sf et118F 'ise 8FigiR8.tea R9rB'lHG'IH 'B:' tAB COUl'"TTY, its ~nil.'le(]:FJ.t:F8eh rfa}, i86ig:e(a), agsnt(s) aHa/af ~lieeeBS8:F(B) tiS reerairea BY tRe 12nk.ieit He", gtatem.cflt ef \H Brlt (tRtl "nr@f1:"). In cfl:Roi~grl1tigR PH tRII 1"liTPJ.('T Dntf~;~:J il1t~ .1~~.. .\CREEIHE~rT, EllHl otHiU gB8B. aRt! "llhtill?llJ' Ji!BRSiilera:isR tRl' ONfMEif!RG~' aM." f"9"ipt i:R f"ll ,,~ no',;,.,'" ;" h",..","h:, ",..l''''U'''lilggi>Q 11~' Un CQ'fT])rT'!, tau (:91'1)11''' k9rJe~' aCE':igRc, trLl:Rcf[)~[ [~11~ ~.. l.o nthf"nV1CP ~r'lrlh' In 111.. nTCTDlr"r '111:' ,,~,J "ll r-j~~A it "''':''' l~"c '~r .....":' ":''''' in fl~q \A:<;;>t:l: (Il,,,, "n"~~'''1. 'Ulir (?r.,nt "l~.-,n ho r~lt ,--,f""....,t.;'''i~ "f'''' "'vc>~"f-;"'" h).. t~";' p"rt;"L g,r"t9, A?''''11''''lr tRO' CQPl)'TY 48H'1f. t~ "'".,......"t'" "".1 ';h.I;"~r t'i? t\1) PI~TJnCT an..: r"l1thur ....f<';g".n-,,~,...t<' ".. {".h~>r ;","f,."m,'~nli.' '~f"'~{>C<:~l':> tl.>l ".,;rl'i'~(,,1> tl'i~ (-::'r'~'nt ""t'hr>1,t Ih", p'l'),rn,..nt. ,,1-' "")'"' .,,.-l.I;';n'rll "'''''';Q'iTlt;')'' 1~:, t!;;Ii-' nlt,;,:T91f'T 'fl,.} {'Qt T!>[TY IN.ra~ fig' liii&eI9-'@, 'lEU, liLHlllC J lr r -Jil (n:' ,. t'l"k :1,"'~1-'Fil9. ':'rb'Llt'2:1, <:-1' .----.tl'M"';'" '" ,-".;~~;, ---.I~I BJLHmrhn t~ an~ :Linl fllUt~ "REi.[j~l1J'cr Tliifl F"T'gr"ph ~bll :'ur'i"J tbld [tHn.inatiUl or l.npiratiolll \,1' tL., ,\CREI:j!I.n::l";l', : 1: Thy C(~ITl>'T'V HlflTl[llll1[i L'J1 -I "-arT[m'l;; 'il ' I,UpliJt!ll) ~'lft ,un:, if dl.j', tlS BJ pre (tIea t tluli BI~;TRICT '~,) [1.., COl.'r:TY LV',"UHd...L ;,6 3r8eifi~allJ ielf!ntifili~ ill [..i!,ibit "e", ~t!ltt)rRunt st" ',1,~61k !Lull 1..:"" L.... d...".,],JF....d .-,,-,!vl) :}J v' f~" ti,...- c(-)r~rry, '" J.:."K,llJ u....'1l,~~....d '-'Hd....~ llco.Je floL a tkinl fl'lrt~', iH~hu;Jing t};j" right t:;< ['11;>];""'1"'" .,,,,..1. ."of''''''nt 1'h8 CU'r1>rTY ::.Hsll iI:el:ul.o Sf ~)'rigJ! M p.......p..;"'t'''-:,r l;'>~ftilr~c in 'JU;! 8eft, '!ll~ luA ~u It.., L:,,,t of 11-' N'iJli IN? esui te 1ifORf::IBit tVB [)Rft"":JfJ Till .-.{Hl!)'TY f>Rflll gr":RI 'T ~ll PI~'TIH{'T " J?"'-p ,t""I ll"~ ;~"pd'<'r.)I~l'j', R2n ?:'~J"<';'"'~ ,';!!!}f- ." "1' J1~.. iaeMtif.il!a sJft";arl3 '.'dHoJ'lt '111 "lditiQIUI t',,, '1'1,,:, DISTRICT ~".',.._"u.. ~..d.:.,-,,, llwl Uk Lv J~,-, .:>\,!1."..u,-, i.:kl"tjf~,-d ~" LJ,;'o;l He" ."1",,,11 ,...,)Ow;" ,,)1. Ih: LiSlJI iJBf. 7.4 Any equipment purchased by the COUNTY WIth DISTRICT funding under this AGREEMENT shall be returned and title transfclTed from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEl\lE:\T upon the written request of the DISTRICT not less tllan tlllrty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT \vith a value equal to or greater than $1,000.00 and with a nOllna1 expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition \vhile in its possession and will return the equipment to the DISTRICT in good condition, less nOITl1al wear and tear. The COVNTY will use its best effolis to safeguard the equipment throughout the period of perfonnance of thlS AGREEMENT. HO\vcvcr the DISTRICT WIll not hold the COUNTY liable fm loss or damage due to causes beyond the COUNTY's reasonable control. In the ~veJ1t of loss or damage. the COUNTY shall notify the 11lSTRICT in \l,-Titing within five (5) \vorking days of such OCClllTCnc.::. 7.) The DISTRICI IHIS acquired the right to use certain software under license: fi.om third par1il's. Fnr purposes of thIS AGREEMENT. the DISTRICT may permit the COliNTY acc:e~s to cerl:.1in third party owned $oft\van: on DISTRICT computer systems. The COUNTY ackllO\vledges the proprietary nature of sHch software and agrees not to reproduce, dislribu!c or disclose such soItware to any third party. Use of or alTl~SS 10 such soft\-vare shall be restricted to designatt'd DISTRICT owned systems or equipmellt. Removal of any copy of licensed sofh.....ure is prohibited. ARTICLE R - STANDARDS OF COMPIJANCE 8.1 'The COCN'rV, its emp]uYt~es, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the perfOIl1lanCe of this AGREE'\1ENT. The DISTRICT undertakes 110 duty to CIlsmc such compliance, but will attempt to advise the COUNTY, upon request, as to any such laVl.'s of which it has present knowledge. 8.2 '[he COUNTY hereby assures that no person shall be discrirnimlled against on the grounds of race, color, creed, national origin, handicap, <:lge, or sex, in any activity under this AGREF:I\1KNT. 'TIle Page 5 of 10. Exhibit "B" Cuntract File:\County.doc 12/19/05 "c-c~.....,~,I... ~~. ~enda Item No. 16B9 SOUTH FLORIDA WATER MANAGEMENT DI1S]FRJI@l'14, 2006 EXHIBIT "B" Page 9 of 20 GENERAL TERMS AND CONDITIONS COUNTY shall take all measures necessary to effectuate tllese assurances. 8.3 'I11e laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is nccessJlY for either party to initiate legal action regarding this AGREEMENT. venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which art' justiciable in federal court. 8.4 The COUNTY. by its execullon of thlS AGREEMENT. acknowiedges and artcst, that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been pldced on the cliscriminatoty vendor list. If the COUNTY or any afllitatc of the COUNTY has been convicted of a public entity crime or has been placed 011 the discriminatory vendor list a period lung~r than 3(, months has passed since that person was p!at:ed on the convicted vendor or discriminatory vendor !ist. The COUNTY funhcr understands and accepts that thIS AGREEMENT shall be either votd hy the DISTRICT or subject to immediate ll~jminalion by the DISTIUCT, in the event there is allY misrepresentation or lack of compliance ",.'ith the mand;.HCS of Section 2S7.133 or Section 287.134, respectively, Florida StJ.tutes. '111C DISTRICT, in tbe event of such temunation, shall not incur any liability to the COL!\TY [()r JllY work or materials Furnished. 8.5 The COUNTY. by its execution of this AGREE1VIENT, ackno\\'ledges and attests that neither i4 nor any of its suppliers. subcontractors, or consultants \\'ho shall perform work which is intended to benefit the DISTRICT is included on the list of Specially Designated Nationals and Blocked Persons (SDN List) \vhich is 3dminiswrcd by the 1I.S< Department of Treasury. Office of Foreign Assets ControL The COl:NTY funher understands and accepts that this AGREEMEJ\'T shall be e:ither void by the DISTRICT or subject to immediate tenninatiol1 by the DISTRICT, in the event there is any misrepresentation. TIle DISTRICT, in the event of such termination, shall not incur any !lability to the COUr'T\:' for any \\'ork Ot' materials furnished. 8.6 The COUiTY sball be responsible and liable for the payment of all of Its FICA/SoCIal Security and other applicable taxes resulting from this AGREEMENT. 8.7 'n,c COUNTY warrants UUlt it has not employed or retained any person, otller than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREE~1E.NT. Further the COUNTY warrants that is has not paid or a,h'Teed to pay any person, other than a bona fide employee workmg solely for the COlJNTY. any fee, commission, percentage, gifl or other consideration contingent upon or resulting from the nwarding or making of tIns AGREEI\-fENT. For breach of this provision, the DISTRICT may tcmlinate thIS AGREE:.\IENT without liability and, at its discretion, deduct or othenvise rccover the full amount of such fee. commission, percentage. gift, or other consideration. R.8 111e COl'NTY shall allow public access tu all project documents and materials in accordance with the provisions ofChapler 119. Florida StJtutes. Should the COUNTY asscl1 any exemptions to [ht~ requirements of CbJpter ]] 9 Ilnd related Statutes, the bunlen of establishing sllch exemption, hy \\/3Y of lnjuIlclive or other relief as provided hy hl\v, shall bl;~ upon t.he COliJ\TY. 8.8.1 Pursuant to Sections 119.07(J)(o), and 1004.32 .Florida Statutes, data proccssing software obtained by an agency under a license AGREEME:\"T which prohibits its (i1sclosme nnd wbich sofh-vare is a trade secret, <IS defined in Sections 812.08I(c), Florida Statutes is exempt from the disclosure provisions of the Puhlic Records hl\v. However, the pal'ties hereto agree [hut if a request is Tll:.lde of the DISTRICT, ptHSUCllll to Chapter 119, Florida Statute, for public disclosure of proprictal)' property being licensed to the COUNTY (Licensec-) hereunder, the IlISTRlCT shall advise the COUNTY (Licensee) of such request Jud, us between the DISTRICT and the COIINTY (Licensee). il shall be the COUJ\TY's (Lieensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the COL!rts and to Immediately serve notice of the same Page (, of 10, Exhibit "B" Contract File:\Collnty,doc 12/19/05 R!!t 'iQI A.Q\lJ.l~ Item No. 1669 SOUTH FLORIDA WATER MANAGEMENT Db IFldGT14. 2006 EXHIBIT "B" Page 1 0 of 20 GENERAL TERMS AND CONDITIONS upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of perfonnance of this AGREEMENT. A delay in obtaining permIts shall not give rise to a claim by the COUNTY for additional compensation. If the COU;'\'TY is unable to obtain all necessary permits in a tin1Cly manner, either parry may elect to tcnmnate this AGREEl\lENT, each party to bear its 0\'.'11 costs, not\.vithstanding other provlslons of this AGREEMENT to the contrary. 8.10 PUTsuantto Section2l6.347, I'.S.. the COCNTY is prohibited from the expenditure of any funds tmdcr this AGREEMENT 10 lobby ~le legIslomre, the judicial branch or another state agency. 8.11 11lC DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. '111e work under this AGREEMF~NT involves a project consistent \\'jth these goals tlnd objectives. Consequently, the DISTRICT is desirous of satisfactorily cO!llpleting and successfully promoting this project with the cooperation of its CO lJNTY. Therefore, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns \vill refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these Ussurances. In the event the COlJ~TY detennines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to inm1ediatcly notify the DISTRICT. Upon such notification the DJSTR1CT, in its discretion, may telminate ulis AGIH:EMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be consIdered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the panies and their respective employees, agents, subcontractors, or assigns during or aller the perfolTI'lllllce all this AGREEMENT. Bou1 parties are free to enter into contracts with other parties for similar services. , 9.2 In the event that the COUNTY is providing staff who win be working Oil-site at DISTRICT facilities. it is fnrthcr understood that ule COUNTY shan be dle employer of the staff provided pursuant to the AGREEJ\lENT for all purpm,es under state and federal law and that the COlTl\'TY's staff shall not be eligIble for any benefit programs the DISTRICT oiTers to its employees. All hCllcftls available to the COUNTY's staff shall be exclusively provided by the COUNTY 01 by the COUNTY's employee. The COllNTY is solely responsible [or compliance with all labor and tax laws pertaining to otticcrs, agt.':!1ts and COUNTY employees and Shllll indemnifY and hold the DISTRICT harmless from any failun: by the COUNTY to comply with such laws. 11le COUNTY's duties \vith respect to such personnel shall include, but arc nOllimiled 10, the following: 9.2,1 Billing, collection, payroll ser.'iccs and lax \.vithholding, and any other related services 9.2.2 Providing insurance coverage pur'luant to Article 5 of this AGREEMENT. 9.2.3 Providing Cl.ny amI all emplOy111ent benefits, including, bllt not limited to, annual leave, sick leave. paid holidays, health insurance, retirement benefils and disability insurance. 9.2.4 Complying \Vitll the Pail' Labor Standards Act, 29 U.S.c. 201, et.seq., including payment nf overtime in accordance \\.'ith the Act. 9.2,5 Providing employee truining for all activities necessary for job perforrnance, except those functions that are tmique to the DISTRICT, in whIch Page 7 of 10, Exhibit "B" Contract File:\County.Joc 12/19/05 ~s.,::>>,!- · ~ 5'? "~ Ag.,enda il8)J,l No. 16B9 SOUTH FLORIDA WATERMANAGEMENTDII'lT~I'~Yl14,2006 EXHIBIT "B" Page 11 of 20 GENER"-L TERMS AND CONDITIONS event, the DISTRICT. m its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of Ihe COUNTY and the DISTRICT. No person or entity other than tlle COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity \\'hatsocVCf, either as third-party beneficiary or othclwise. 9.4 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set f0l1h in this AGREEi\'fENT without the prior written consent of the DISTRICT. Any atlemptcd assignment in violation of this provision shall he void. 9.5 1110 COUNTY shall DISTRICT's credit or make guarantor of payment or AGREEMENT. debt. obligatIOll. any fCH111 of indebtedness. not pledge the the llISTRI CT a smety for any judgement, lien, or 9.6 The DISTRICT assumes no duty with rcg~ud to the supervision of the COUNTY cmd the COCNTY shall remain solely responsible tor compliance \\ilth all safety requirements and for the safety of all persons and property at the site ofAGRITEl\1ENT perforrn.:.mce. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that 110 !\-1inority Business Enterprises (MBE) participation level has been established for this l\.GREEJ\rE~T; ho\ycvcr, both parties agree 10 provide the other advance notice of cOIllPetitivl': contracts that lD<l}' result from this AGREEl\IE\'T along with time lines for public notice and award of such contracts. In the event subsequent competitive contract a\.vards do result in M8E pllrticipation. such participation shall be repOlied to the other p<.lrty. Both thc COCNTY and the DISTRICT will ensure compliance \vith the provisio1l5 of their respeclive program, laws, ordmances and policies and will support the otherls initiatives to the extent allowed by law. ARTICLE II - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, Ihe parties shall not be held liable for any failure or delay in the perfoffi1anCe of tltis AGREEMENT that arises from fIres, floods, strikes, embargoes. acts of the public enemy, unusually severe weather, outbreak of 'var, restraint of Government riots, civjl commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to pClfonn shall be excused during the cOlltinuance of such circumstances, but this AGREEl\1ENT shall otherwise remain in cHeet. This provision shall not apply if the "Statement of Work" of tllis AGREEME"T specifies that performance by COUNTY is specifically required during the occunence of ;:my of the events herein mentioned. . 11.2 AllY inconsistency in this AGREEI\'lENT shall be re;:,olved by giving precedence in the following (lrc.k:r: (3) Exhibit "A" Special Pnn'isions, ifJpplicahlc (b) F,xhibil "Ir' General 'rerrns and Conditions (c) ExhIbit 'Ie" Statement of Work (d) all other exhibits. attachment:'; and dnCllll1Cnls specifically incolporated herem by reference 11,3 l;ailures or waivers to insist on sn'ict pcrfi:l!'fnancc of any cO\'cnanl, cOlldition, or prOVIsion of this A(;REEJ\lF.NT hy the p:Jrlil~s, their successors uud aSSIgns shall not be deemed a waiver of allY (,fits rights or ren1l'uies, nor shall 11 relieve the other party 11-0111 performing any subsequent obligiltions strictly in accordance \vith the kIlnS of this AGREEMEl\T. No \\,';;JiveJ shall be eJIel:tive tmless in writing and signed hy the p,H1y against I"vhorn enforcement is wught. Such \\.;1JVer shall be limited to provi.<;ions of this AGH.EEAIENT specll'ically referred to therein a.nd shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unkss the writing states otherwise. 11.4 Should any teI111 or proV1SJOll of this AGREEMENT be held, (0 any extent, invalid or unenforceable, as agJinSl any persoll, entity or circumstance during the teml hereof, by force of any statute, 1<.1\\", or l1Iling of allY falUm of competent Jwisdiction, such invalidity shall not affect any olher Page H of 1 O. Exhibit "B" ConlrJcl Fik;\County.doc 12/] 9/05 ~.c_. rv SOUTH FLORIDA WATER MANAGEMENT DtS'~~~, 1~~~ EXHIBIT" B" Page 12 of 20 GENERAL TERMS AND CONDITIONS tenn or provision of this AGREEMENT, to tile extent that the AGREEMENT shall remain operahle, enforceable and in full force and effect to the extent permitted by law. 1 1.5 This AGREEMENT may be ameoded only with the written approval of tl1e parties hereto. 11.6 This AGREKMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and aU \-vTitten or oral representations, stutements, negotiations. or contracts previously existing bew.'cen the parties with respect to the subject matter of this AGREEMENT. 111e COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind tile DISTRICT in a contractual relationship unless they hdve been reduced to \\Titing and signed by an authorized DISTRICT represCl1tutive. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their rcspedivt assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 12.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their :::afe handling and use, including instmction on the potential hazards, personal bygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall he provided hy the COUNTY to the DISTRICT on each chemical product used. 12.3 The COUNTY shall comply wlth the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state. local or DISTRICT safety and health standards. 12.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT pcrfOlmance. 12.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 11.6 The COllNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnIngs, against hazards. . 12.7 The COUNTY shall take rcasormble precautions for safety of, and shall provide leasonable protection to prevent damage, injury, or loss 10: 1L7.1 employees on the \-vork and other pel.solls who may be afreded therc.by; mcluding pedestrians, visitors, or traveling public; 12.7,2 the \vork, materials, and equipment to be incolporaled therein; whether in storage on or off the sitt, under care, custody or control of the COUNTY, or the COUNTY's suhcontractors: and 12.7.3 other properties at the site or adjacent therdo; such as trees, shl11hs; la","ns, walks, utilities. pavement. roadways, structures, building, vehicles, and equipment not des1gnated for removal, relocation or replacement in the course of work, 12.8 The COON'fY shall provide first aid services and medical care to its employees. 12.9 The COUNTY shall develop and maintain an effective fire protection and preventioll proceuures and good housekeeping practices on the work site throughout the AGREEMENT. Page 9 of 10, Exhibit "H" Contract FlIe:\Connty.doc 11119/05 8 SOUTH FLORIDA WATER MANAGEMENT Dfs'ltf~~.l~~~ EXHIBIT"B" Page 13of20 GENERAL TERMS AND CONDITIONS 12.10 Emergencies: In emergency affecting safely of persons or property on or Jbout the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: \Vhen the COUNTY. COUNTY's contractors, or subcontractors. use petroleum products, hi.1zi.1rclous chemicals, or any other chemicals used on or about the site, the COUNTY shall he respOllSlble for handlmg these chemical constituents in accordance with federal. state and local regulations during the terms of the AGREE1\lENT. For accidental discharges or releases onto the floor, air, ground, surface \vJtcrs, ground \vaters, it shall be the COUN'TY's sole responsibility to respond immediately to clean the site, at his expense, tn the complete satlsl~IClion of federal, st2ltc, local regulatory agcllclcs and to the DISTRICT requirements. 12.]2 The DISTRICT may order the COl:NTY to halt operations under the AGREEMENT, at the COUNTY's expense. if a condition of immediate danger to the public and/or DISTRICT ernployet:s, equipment. or property exist. This provision sJ;t.;tU PQ.t shift the responsibility or risk of loss for injuries or d;:]mage sustained from the COUNTY to the DISTHlCT; and the COll'\'TY shall renmn solely responsible for compliance \vith all federal, stale Jnd local safety requirements, provisions of this section, and safety of all persons and propclty on or abour the site. Page] 0 of 10. Exhibit "8" Contract Flle:\CuLlnty.uoc 12/19/05 Agenda Item No. 1689 February 14, 2006 Page 14 of 20 EXHIBIT "c" STATEMENT OF WORK LASIP Phase 1 Lely Branch Canal (U.S. 41 to Kings Lake) I. INTRODUCTION For Fiscal Year 2006, the District received funding from the Florida State Legislature for implementation of watershed restoration projects in Southwest Florida called the Naples Bay Initiative via SA1717A of the General Appropriations Act. Under this Initiative are several projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: . Construct stonnwater treatment structures/facilities that improve polluted runoff and . Improve the hydrology (quantity, timing and distribution) associatcd with freshwater discharges to the estuaries. One of the locations in Collier County that would greatly benefit Ii-om improved stoml\valer management is the Lely Area. The Lely Area is approximately bounded by Radio Road to the north, Rookery Bay National Estuarine Research Reserve to the south, Airport-Pulling Road and a theoretical southward extension of the same to the west and CR 951 to the east. The Lcly Area Stonnwater Improvement Project (LASIP) area is shown below. The LASIP system will provide a comprehensive stomlwater outfall system for this area of East Naples formerly known as Water Management DistIict #6 which has expcrienced an increasing level of drainage related problems as growth has eontinued in the area. The drainage area of LASIP consists of ahout 1 1,135 acres and eonsists of two sub-basins known as the Lely Canal Basin (LCB) system and the Ldy Manor Basin (LMB) system. The Lely Canal Basin discharges into an estuarine coastal zone along the intereoastal waterway near Dollar Bay. The Lely Manor Canal diseharges into an estuarine eoastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. Due to the laek of a eomprehensive drainage outfall system in the LASIP area, continued developmcnt of the area has impaeted flood levels as well as water quality. Availablc data indieates that water quality is generally good at present but eould be expeeted to deteriorate unless an improved water management outfall system for the area is developed. This agreement provides funding to Collier County to eonstruet stonnwater management syslem improvements to mitigate flooding and provide surfacc water quality improvements assoeiated with a portion of LASIP Phase 1. That portion is the Lely BIanch Canal ti'om U.S. 41 no11h to Kings Lake. 2. OBJECTIVES The purpose of these stonnwater management system improvements is to mitigate flooding by providing enhaneed conveyanee eapabilities while improving water quality through the addition of a spreader lake to be constmetcd in eooperation with the Sabal Bay Community associated with the Lely Main Canal portion of LASIP (not included in this agreement). The implementation of these projeets will result in tangible improvements to llood mitigation and stormwater quality in the East Naples/Lely Area. Exhibit "C", Agreement No, OT060483 Page 10f3 Agenda item No. 1689 February 14, 2006 Page 15 of 20 I~ I' + o 0,5 1 'L.... I __.._Mi!es~_,"" 'f' legend Pl'Qj~.:J{;t F30u I'ldary Phases Ph;uJe_NC. 3t],li"UJate Phase I, 2006 PMa!5e H, 2007' Ph sse l!!, 200,!) Phi:1se lV, 2009 Ph:,!';cV, :1 ",IJ 3. SCOPE OF WORK The first portion of the LASIP Phase I construction is currently scheduled to begin in 2006 within the Lely Canal Basin. The scope of work for this cooperative agreement is to construct the Lcly Branch Canal from U.S. 41 north to Kings Lake portion of LASH) Phase 1. This project consists of reconstructing and enlarging an existing canal to the required cross section. This portion includes approximately 1,500 feet of the Lely Main Canal Iro111 u.s. 4] north to 300 feet Exhibit "C", Agreement No. 01'060483 Page 2 of 3 .I\genda item No. 1669 February 14, 2006 Page 16 of 20 south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake Hammock Road north to the south boundary of the Kings Lake Community. The flow capacity of both canal segmcnts will be increased. The canals will bc reconstructed within County drainage easements. All necessary SFWMD and USCOE pemlits have been issued for this portion of the project. Improvements to the Main Canal south of U.S. 41, downstream from this subject location, will be completed as a separate project through cooperation with construction of the Sabal Bay Community. This work will include reconstruction of the existing canal and constrnction of a spreader lakc with an approximately 1,100 foot long control bemT at elevation of 2.5 NGVD to eliminate current over drainage, salt water intmsion, and provide a broader distribution of fTesh water instead ofthe existing concentrated point discharge. This portion of LASIP is not included in the scope of this agreement. As part of its cost share, Collier County developed the design and obtained the nccessary pennits for this project. This agreement pIovides funding support for the construction and construction management of the stormwater management systcm improvements associated with LASIP Phase 1, Lely Branch Canal lrom U.S. 41 north to Kings Lake. 4. WORK BREAKDOWN STRUCTURE The County shall be responsible ft)r the satisfactory completion of tbis project and may retain a consultant to provide the professional services needed to assist the Counly during construction. Thc County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible Cor reviewing and approving dcliverab1cs from its construction contraetor(s) to cnsure that the project objectives are met. 4.1 Task 1: Construction of Lely Branch Canal (U.S, 41 to Kings Lake) The County shall be responsible for the reconstructing and cnlarging portions of the existing Lely Branch Canal and Lely Main Canal to the required cross section in accordance with approved plans and permits which shall include, but not be limited to, construction, project management, and engineering oversight of all construction. These portions include approximately 1,500 Ceet of the Lely Main Canal from U.S. 41 north to 300 feet south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake Hammock Road north to the south boundary of the Kings Lake Community. Task 1 Deliverables: One copy of the Notice to Proceed, one copy oftlTc 50% Completion Certification and one copy of the Construction Substantial Completion Certification Exhibit "C", Agreement No. OT060483 Page 3 of 3 EXHIBIT "D" PAYMENT AND DELIVERABLES SCHEDULE Agenda Item No. 1689 February 14. 2006 Page 17 of 20 · A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due datcs for all delivcrables. · All deliverables submitted hereundcr are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "C" Statemcnt of Work requirements. . Total payment by thc Disltict for all activities hereunder shall not exceed the amount of $400,000. The Disttict's cost share amount shall not exceed 50% oCthe combined total project cost. Deliverables Due Date* (From contract exccution) . 3 monlhs District. Not- to-Exceed Payment, $50.000 5350,000 Task 1: Construction 0 f Lely Branch Canal (U.S. 41 to Kings Lake)** Notice to Proceed 50% Completion Certification Construction Substantial Completion Ccrtdication 8 months 16 1110nths n/a NOT- TO-EXCEED PROJECT TOTAL $400.(J()O * All dates ;u'e referenced from the date of execution of this agreement and are estimated. ** Progress paymcnt invoices far construction activities Inay be submitted on a quarterly basis Exhibit "D" Agreement No. OT060483 Page 1 of 1 Agenda Item No. 1669 February 14, 2006 Page 18 of 20 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA# .. JE#. BAR#... A.P,ll Date.. Fund Number 325 Fund Description County Water Mgmt Stonnwater Date Prepared: 1/27/06 Approved by BCC on: 2/14/06 Attach Executive Summary Item No.: 16 B Fund Center Title: WBS Element Title: Expense Budget Detail Stonn Water Capital Lely Canal W/Spreader & Structure Fd Ctr No.: 172940 WBS No.: 511011 (Provide the Fund Center or WBS element il1formation~ it is not reauired to orovidc both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Budget 172940 511011 763100 Improvements Gen 400,000.00 0 400,000.00 Nct Change to Budget 400,000.00 Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information~ it is not rc"uired 10 orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descrintion (Decrease) Bud!!et Budget Net Change to Budget Expense Budget Detail Fd Ctr No.: WBS No.: Fund Center Title: WBS Element Title: (P d h F de WB I rOVl e t e un enter or S e ement mformatlOn; It IS not reqUIre to provi e ot Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget d d b h) Net Change to Budget Agenda Item No. 16B9 February 14, 2006 Page 19 of 20 Fund Center Title: WBS Element Title: Expense Budget Detail Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS clement information: it is not required to orovide both.) Fund WBS Commit Commitment Item Increase Cnrrent Revised Center Element Item Description (Decrease) Bndget Budget Net Change to Budget Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element information: it is not required to rrovide both_) Expense Budget Detail Fd Ctr No.: WBS No.: Fund WBS Commit Commitment Item Increase Current Revised Cen ter Element Item Description (Decrease) Budget Budget Net Change to Budget Fund Center Title: WBS Element Title: Expense Budget Detail Fd Ctr No.: WBS No.: (Provide the Fund Center or WI3S element information: it is not required to orovide both_) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget Net Change to Bndget Agenda Item No. 16B9 February 14. 2006 Page 20 of 20 Fund Center Title: WBS Element Title: Revenue Budget Detail Storm Water Capital Lely Canal FdCtrNo.: 172940 WBS No.: 511011 (Provide the Fund Center or WBS element information: it is not re uired to nrovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budget Budget 172940 511011 334492 Grant Proceeds 400,000.00 0 400,000.00 Net Change to Budget 400,000.00 EXPLANATION Why are funds needed? Funds are needed for the construction of Le1y Area Stormwater Management Project Phase I . Where are funds available? Funds are available from South Florida Water Management District Agreement No. OT060483. DATE l Cost Center Director: Division Administrator: BudlJet Department: AlJencv Manager: Finance Department: Clerk of Board Admin.: Inout by: B.A. No.: REVIEW PROCESS Agenda Item No. 16B10 February 14, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to seek Board approval of a County Incentive Grant Program (CIGP) Agreement and a Memorandum of Agreement with the Florida Department of Transportation to fund the Project Development and Environment (PD&E) study for SR 82 from the Lee County line to SR 29 with the County's obligation being $500,000. OBJECTIVE: To fund the SR 82 PD&E study from 1-75 to SR 29, Collier County along with Lee County submitted an application for County Incentive Grant funds to help offset the total cost of the PD&E study, which was estimated to cost $3,000,000, but was not programmed in FOOT's work program. With Lee County, we were successful in obtaining half of the funding needed for the SR 82 PD&E study from [-75 to SR 29 for a total amount of $1,500,000. Lee County is providing $1,000,000 to advance their portion of the PD&E study from 1-75 to the Collier County line and we are providing, by this agreement, $500,000 for the portion of the PD&E from the Lee County line to SR 29. -- CONSIDERATION: To respond to fast growth throughout the County and to facilitate the development of the SR 29 bypass that has been discussed for several years, County staff, in conjunction with Lee County and the Florida Department of Transportation, pursued CIGP grants to fund the PD&E study. The $500,000 needed to fund half of the study is budgeted in this fiscal year. FOOT will undertake the PD&E study for the entire section of SR 82 from 1-75 to SR 29 starting later this year. The SR 29/SR 82 corridor has been raised as a possible bypass for 1-75 traffic, as well as an existing and future need for approved and built development in the eastern portion of both Counties. Both SR 82 and SR 29 facilities are emerging SIS facilities and since most of the future state funding will be going towards S[S facilities, moving the PD&E study forward will put us in a good position for possible funding in the future (not to mention the grant funding that was awarded at this time and will be awarded in the future to S[S facilities). In addition, the PD&E study will help identify the needed right-of-way throughout the corridor which will help us reserve the needed right-of-way as the corridor develops further. FISCAL IMPACT: The County portion of this project is $500,000 and the funding is programmed in this fiscal year and is coming from gas taxes (Project #60038). GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board approves the County Incentive Grant Program Agreement and Memorandum of Agreement with FOOT to fund the PD&E study at a cost of $500,000. Preoared Bv: Donald Scott, Transportation Planning Director Attachments: Agreement - 1 Item Number: Item Summary: Meeting Date: /';Jenrlal!em No 16010 February 14. 2006 P8ge2of9 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 16810 Recommendation to seek Board approval of a County incentive Grant Program (CIGP) Agreement and ill Memorandum or Agre!Jment with the Florida Department of Transportation to funj the Project De~elopmenl and Environment (PD&E) study for SR 82 from the Lee County iine tQ SR 29 with the Countys obligation blling S500,000 2/14/200690C:OO.A.M Transp"rtali""Plonni"gD;tectl>r D.. Approved By OonuldLScott Tran",pnltalinnStlrvic"", Tran"portllionPI'u",lng 1I27/200ll 3:3' PM A~t.,"nt;n\lSUpDrviso. D".. ApprondBy Sharon Nawrnan Tnm.sportationSf!rvici>> Tmotlportetion Servi"..~ Admin 1/301Z0065:05PM Approved By Norm E. Ferie., AICP Tr.."sport31:i(mDi"isionAdminlstr;;tor Dm Tra"~p"rtati"nSarvi"u T'","$I'O)rtl!t;O)nS...v;~.m;Admin. 1/31/200G1:5.2AM AppnlVed By A~"';>>tI!nIC"''"tyAttor''''y """ Scntt R. Tuch County Atlomey County Atiom..y OffiCi! 1131!ZIlO~.2:2SPM EltlleutivloSf!eretar)' Om Approved By Pat Lennh~.d TranspoltaV<mSnr\fk:es T,anspnrt,Ui,,,,s,,rvlcesAdmin 1/31121lM):05PM Aclminl$trat;v"A"s;$tant Om Approved By Ol,WCoordinQ!<1r Ct>unty M,,,m\l,,r's om"" Offke of MMagit'll"".l & Budget 2111100e10:2tlAM S'trIl"rM"""i;a<nentlB..<<t'l'ltAnaly~t D.. Approved By 5us."," U"h~r Countyllbnay..rsOffic<l OtfiCfl Df Manaile"'''nl & Bud\lct Zi6120D612:0GPM D<ljHlty Cnunty Ma'''l.g... 0.. Approved By L"'oE.Och~,Jr. BoardofCDunw Commjssion~"" Co"my M3n311"r'~ OWce 2,7/20llt3:1GPM Agenda Item No. 16810 February 14, 2006 Page 3 of9 Catalog of State Financial Assistanc~ No. 55.008 Fin;:m.::ial Pn~iect No. .:1.! 9950 2 22 COeNT)' , STATE OF FLORIDA DEPARTMENT OF TRA:-.iSPORTA TlON COUNTY INCENTIVE GRANT PROGRAM AGREEMENT (FOOT Letting) This is an Agrccmcnt hy and bctw~cn the STATE OF FLORIDA DEPARTMENT OF TRANSPORTA nON. hereinotkr r~f~rred to as the "DEPARTMENT", and COLLIER COUNTY, hereinafter referred to as the "COtl\TY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, undcr Scction 334.044, f'lorida Statutes, to cnter into this Agrecment: and - WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State lIighway System or which relieves tra1lic congestion on the State Highway System: and WHEREAS. the COUNTY ha, certifIed to the DEPARTMENT that it has met the eligibility requirements of said Scetion 339.2R 17. Florida Statutes; and WI1EREAS. the DEPARf1\lENT is willing to provide the COUl\TY with financial assistance under Financial Project ",0. 419950222 OJ for 5R 82 from Hendry County Line to SR 29 PD&E SlUdy, hCTeinafter referred to as the PROJECT, in accordance with Section 339.2817. Florida Statute's: and WHEREAS. the COU"TY hy Resolution No. dated the day of .2006. a copy of which is anaehed hercto and made a part hereof. has authorized the Chaimun of its Board of Commissioners to enter into this Agreement. f\:OW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: I. Thc PROJECT consists ofSR 82 from Hcndry COllnty Line to SR 291'D&E Study. 2. The COLNTY agree, to participate in the PROJECT in the amount of FIVE HUNDREDTHOLSAND DOLLARS Af\:D NO/lOO DOLLARS (S500,000,00). This amount to be deposited by the COUNTY. \\ ithinthirty (30) days of the execution ofthis Agrecment. in an eserow account in the name of the Florida Department ofTranspOI1ation with the Department of Financial Services, Division ofTrea,ury' and in aecordance' \\ ith the tenns and conditions ofthc \1emorandum of Agreement executed by the DEPARI MENT. the COL"TY and the Departmcnt of FinanciaJ Services and by this rclcrcncc made a part of this Agreement as though fully set f<ll1h hen,in. Inlcrest Agenda Item No. 16B10 February 14, 2006 Page 4 of9 from the account is to be lef\ in the account to cover future deficiencies. All deposits shaH be made to the Department of Financial Services, Revenue Processing and mailed to the Florida Department of Transportation for processing as follows: Florida Department of Transportation Office of the Comptroller 605 Suwannee Street Mail Station 42 B Tallahassee, FL 32399 Attention: LFA Section Failure ofthe COUNTY to deposit said amount within the time frame specified above shall be gwunds for termination of this Agreement. 3. The DEPARTMENT, after receiving the funds from the COUNTY, in accordance with paragraph 1, hereinabove, will advertise the PROJECT for bid. 4. a) If the accepted bid amount plus allowances is in excess otihe advance deposit ,mlount, the COUNTY will provide all additional deposit within fourteen (14) calendar days of notification from the DEI' ARTMENT or prior to posting ofthe accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances, The DEPARTl\lENT will notify the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount: howevc!"' failure of the DEPAH."l MENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. lfthe COUNTY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by thc DEPARTMENT's project manager indicating when the deposit will be made, The COUNTY understands the request and approval of the additional time could delay the PROJECT", and additional costs may be incuIT<,d due to adelayof the PROJECT, b) If the accepted bid lU1lOunt plus allowances is less thaIJ the advance deposit [U110Unl, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the COUNTY in wfiting. c) Should PROJECT modifications occur that increase thc COUNTY's share of total PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, without delay. in advance of the additional work being prefomled, adequate funds to insure that cash on deposit with the DEPARTMENT is sul1ieicnt to fully fund its share of the PROJECT. The DEPARTMENT shall l1<ltifj: the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount: however, failure of the DEP ARTMENT to so notity the COUNTY shall not relieve the COUNTY [J'om its obligation to pay for its full participation on final accounting as provided herein below. d) Upon final payment to the Contractor. the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of that final payment. All PROJECT cost records and accounts Agenda Item No. 16B 1 0 February 14, 2006 Page 5 of 9 shall b<, subjcct to audit by a representative of the COUNTY for a period ofthrce (3) years alter final close out of the PROJECT. The COUNTY will be notified of the final cost. Both parties agree that in the cvent the final accounting of IOta I PROJECT costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. e) In the event said final accounting of total PROJECT costs is greater than the total deposits to date. thc COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice lrom the DEPARTI\1ENT. The COUNTY agrees to pay interest at a rate as established pursuant to Seetion55.03, F.S. on any invoice not paid within forty (40) calendar days until the invoice is paid. 5. The DEPARTMENT agrees to pro,'ide project schedule progress rep0l1s to thc COUNTY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request. as to the status of work being done by the DEP AR TMENT and of the details thereof. Either party to the Agreement may request and bc !,'1"anted a conferenec. - 6. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 7. The DEPARTMENT. during any fiscal year, shall not expend money, incur any liability, or enter into any contract which. by its temlS. involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract. verbal or written. made in violation of this subsection is null and void. and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTME'\T that jimds are a,"ailable prior to entering into any such contract or other binding commitment of funds. Nothing herdn contained shall prevent the making of contracts lor periods exceeding ouc year, but any contract so made shall be executory only for thc valuc of the services to be rendered or agrecd to be paid for in succeeding fiscal years. Accordingly. the State of Florida's perfonnanee and obligation to pay under this Agrcement is contingent upon an annual appropriation by the Legislature. 8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 9. Unless othervvise specifically stated herein, this Agreement shall be governed by and constmed in accordance with the laws of the State of Florida. 10. All notices under this Agreement shall be directed to the following: 3 Agenda Item No. 16810 February 14, 2006 Page 6 of 9 TO DEPARTMENT: Dick Combs Deputy Director of Transportation Development Florida Department of Transportation P.O. Box 1149 Bartow, Florida 33831-1149 TO COliNTY: Donald Seon Collier County Transportation Planning Collier County 2885 S. Horseshoe Drive Naples, Florida 34104 II. If any part of this Agreement shall be detemlined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having thejurisdietion to make such determination, the remainder of this Agreement shall remain in full force and elTectprovided that the part Oftllis Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 12. To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPA.RTMENT and all of its officers, agents or employecs from all suits, actions, claims, demands. liabilities of any nature wnatsoever arising out of: because of; or due to breach of this Agreement by the COUNTY, its ofIicers, agents, employees, contractors/subcontractors. consultants!subconsultants or duc to any negligent act or OCCUlTence of omission or eommission of the COUNTY. its officers, agents, employees, contractors/subcontractors, consultantsisubeo!1Sultants. Neither COUNTY nor any of its oJ1icers, agents, employees, contractors/subcontractors. consultants/subcol1sult,mts will be liable under this section for the negligence of the DEPARTMENT or any of its ofjjeers. agents or employees. 13. The term of this Agreement commences upon execution by both parties and shall continue in efTcct and be binding on the partics until the PROJECT is completed and accepted. final costs are known and all payments from the COUNTY are made to the DEPA.RTMENT. 14. This Agreemcnt incorporates and includes all prior negotiations, con-espondence, conversations. agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the ternlS hereof shall be predicated upon any prior representations or agreements whcther oral or writtcn, 11 is fUl1her agrced that no modiEcation. amcndment or alteration in the terms or conditions contained herein shall be efIective unless contained in a ,vTitten document executed with the same fomlality and of equal dignity herewith. 4 Agenda Item No. 16810 February 14, 2006 Page 7 of 9 [N WITNESS WHEREOF the COUNTY has caused this Joint Project Agreement to bc executed in its behalf this day of .2006. by the Chairperson of the Board of Commissioners. authorized to enter into and execute same by Resolution Number of the Board on the day of .2006. and the DEPARTMENT has executed this Joint Projeet Agreement throllghits District Secretary for District One. Florida Department of Transportation. this _ day of .2006. BOARD OF COUNTY COMMISS[ONERS COLLIER COUNTY. FLORIDA STA TE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: CHAIRMAN By: DISTRICT SECRETARY or DESIGNEE - ATTEST: CLERK OF CIRCUIT COURT ATTEST: By:__ (Seal) EXECUTIVE SECRETARY Reviewed as to form and Lcgal Sufficicncy: Legal Review: BY:._):// J/ ~~~~ Scott Teach. - Assistant County Attorney By: DISTR[CT LEGAL COUNSEL 5 Agenda Item No. 16810 February 14, 2006 Page 8 of9 MEMORANDUM OF AGREEMENT TIHS AGREEMENT, made and entered into this , day of ,2006, by and between thc State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and Collier County, hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "FOOT" is currently constructing the following project: Financial Project Number:419950 2 22 01 County:Collier hereinafter referred to as the "Project". - WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement dated , wherein DOT agreed to perfoml certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to estahlish an interest hearing escrow aceount to provide funds for the work performed on the Project on behalf of the Participant by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS NO/lOO DOLl.ARS) will be made by the Participant into an interest hearing escrow account established by the FOOT for the purposes of the project. Said escrow account will he opened with the Department of Financial Services. Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt oflhis Memorandum of Agreement. Such account will be an asset of FOOT, 2. Othcr deposits will be made only hy the Participant as nccessary to cover the cost of additional work prior to the execution of any SllpplementaJ Agreements. 3. All deposits shall be made payable to the Department of Financial Services. Revenue Processinll and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Depal1ment of Transportation Office of Comptroller 605 Suwanee Street Mail Station 42B Tallahassee, Florida 32399 ATTN: [X/\ S~ction Agenda Item No. 16B 1 0 February 14, 2006 Page 9 of 9 A copy of this Agreement should accompany any deposits. 4. The FOOT's Comptroller and/or her dcsign~~s shall be the sole signatories on the escrow account with 1he Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties h~rcto, all int~rcst a<.'cumulated in the escrow account shall rcmain in the account for the purposes of tbe project as ddined in the LF A. 6. The Department of Financial Services agrees to provide \\Titten confirmation of receipt offi.mds to the FOOT. 7. FOOT. The D~partment of Financial Services furth~r 36lTees to provide periodic reports to the - STA TE OF FLORIDA DEPARTMENT OF TRANSPORTA nON COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANC[AL SERVICES DIVISION OF TREASl:RY Reviewed for Legal Form and Sufficiency: PARTICIPANT SIGNATURE By: :;:;Jlj2___L~/l Scott Teacb. Assistant County Attomey PARTlC[PANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER J.D. NU1vlBER EXECUTIVE SUMMARY Agenda Item No. 16B11 February 14, 2006 Page 1 of 8 - Recommendation to award bid #06-3935 "US 41 Tamiami Trail North Phase IV Streetscape Beautification Project" from Immokalee Road to Wiggins Pass landscape and irrigation installation to Vila & Son Landscaping, Corp. at a base amount of $347,437.76 plus a 10% contingency of $34,743.77 for a total of $382,181.53. (Project #600241) OBJECTIVE: To provide landscape and irrigation installation on US 41 Tamiami Trail North Phase IV from Immokalee Road to Wiggins Pass. CONSIDERATION: On December 14,2005, the Purchasing Department sent notices to 1 [[ vendors for bid #06-3935 "US 41 Tamiami Trail Phase IV Streetscape Beautification Project" landscaping and irrigation installation. On January 5, 2006, a non- mandatory pre-bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. On January 23, 2006, four (4) bids were received and opened. Staffreviewed the unit pricing on the bid tab, and Vila & Son Landscaping, Corp. was the lowest, qualified bidder. County costs for this project include the estimated impact and water tapping fees ($11,968.00), right of way lane closures fees ($5,000.00), Motorola irrigation controllers, Florida Power & Light permits and electrical connections ($33,955.00) and the right-of- way permitting ($600.00), for an estimated total of $5 1,523. - FISCAL IMPACT: Sufficient budget exists in Landscape Project Fund (I [2); project #600241 (US 41 North Immokalee - Wiggins Pass) to complete this project. The total award amount needed to open a purchase order with Vila & Son Landscaping, Corp. is $347,437.76. With a 10% contingency or $34,743.77, the total project budget equals $382,181.53. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award bid #06-3934 "US 41 Tamiami Trail North Phase IV Streetscape Beautification Project" landscape and irrigation installation to Vila & Son Landscaping, Corp.; accept county costs totaling $5 I ,523.00; and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared by: Pamela Lulich, RLA, ASLA, Project Manager, Alternative Transportation Modes Attachments: Bid Tabulation #06-3935 "..- ItemN"mber: ltemS"mmary: Meeting Date: Agenda Item No. iLEi11 February 14. DOG P<ige2of8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161311 Recammem:laiion 10 award bid #06-3935 US 41 Tamlami Trail North Phase IV from Immokalee Road It> Wiggins Pass landscape and Irrigation installati<m It> Vila /I. Son Landscilping,Corp,Wilhabasearnol.lnto!S347A37_T6and 10% cantingency of $:J.4,743.71 foratotalof$382.181_53.(Projecl#600241} 2Ii4!20069:0Q:QOAM om, Prepared By Pal'llllla J. Lllli~h Tran"-pnrtati<mS..rvi<:ll$ Proj..dManagM All\lmaHve Tru....portallol'l Mo<kl... 112TIZ0063:0Ik10f'M Approved By Mana\l(>mefll!Bu<l\lMAflalysl O~ G'<>riaH.,nera Tra",;porlations..rv;Ci!., Stunnwllt",Mana<jalTl9nt 1t2T!20lM3:31 PM Approved By Pam<llaJ.Lulirn Proj!!-~t Mana".., om, Tra"..portalion$erviCfl1i AIt<lm<ltiv<l Tran..portatinn Mndu 1I2TI10oo ~;3' PM Approved By Pllrcl1..~inlll\g"nt om. 1130i7006111:(TSAM 8rQfldaBrilhart Admlni..trativeS..tvl<:H Purchasing Di......e.Flallll DlredorATMOirectQr - Approved By Tran,;.portationSo.rvks.. Almnmliw Tran,,-polUtlon Mod.." 1IJOJZ006.2:4JPM Bci>p"t"run prejectManager - ApprnvedRy Tr...sporlationServ;co-ll AlleWIlIIv" Transporbrtion Modes 1i;JOfl0lK 3,06 pJ\l Approved By Sh..",nW"wmlln Transp<ln',I;nnServiCfll$ Acc",,,,tin\lSi,lpoerv;,;or om, Tranrl'ort"tiQn Siervir."s Admin 1I30!20064:4BPM MiKp.H"""r Acquisition Maflalle, 0". Approved By Il,dministrat;v"S"lVi;;-es Pon::hasin\l 1!30nOtltS:OIlPM APP"ovcd By Nnrm L F"d~', Alep Tm~spcrt.1tionS<!r\'ic9" T,""'.portalio"Piv;,;i"nAdminhtmlor D.. Trnnsp",rtatienSl"rvic",sAdrnin. 1!3tI2000e:MAM Approved By P\lrcl1asingl0<lnl"fal SVC" Oir"ctcr - $teveCameU Adrninistrativ"S"lrvicu Purcha~in\l 1J31t20064,~gI'M Approved By Pa1Lehnha,d D;llcutweSecrlllary "". Transp'>ftations..rvicfu, T'an~po<1ati<>ns.,rvi"llsAdm;n Vl:Ztl068:12AM Approved By Adm;"i<;Ir~liveAssi..t"flt om. OMSCno,dinator CouMyMan"ger"sOffice Offi~.. <>fMan~Y""'<lflt & audllet 2/tl200ll10:HIAM e"d9f>IAMI~ "''' Approved By Marklsacbnn COllrn-y Man.a!il"(s OO;<;ll Offi~.. m Matlall..m~"t & Budget 1i1IZ110S12:1l3PM CO\llltl'MllnagBr - Approved By Jarn"sV.Mudd anardolCoutlty Commissio"er!- Counly Mall"!Il11(s 01fiCB li2!Zf)067,Ol PM Project Mgr,: Pam Lulicl1 DatePoseted: 12-14-05 Date Due: 1-23-06 BID: 3935 'U.S 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project" Addendums: 2 Agenda Item No. 16811 Febn..l3ry 14, 2006 Noti~g'f1G mill Packages Requested' 4 Bids Received: 4 OPINION OF COSTS. 100% PLANS 2 Date: 11123/04. REV 8/29/05.rev 1-5-06 .,1 Arazoza Bros Hannula Landscapin TrpoicsNorth Vila&Son Lafldscapin Section I Bid Item 1 Descliption Q!y. U"' Unit .01 Total Cost Unit Cost Toti'lICost Unit .01 Total Cost Unit Cost Total Cost U.S.41 S.R.4S TAMIAMI TRAIL NORTH BASE BID GENERAL PROJECT ITEMS PAYMENT & PERFORMANCE BOND 1 Ea. S 5.950.00 5.950.00 6.900,00 6,900.00 9,446.66 3,075.00 3.075,00 MAINTENANCE OF TRAFFIC 1Ea. S i5,000.00 15,000,00 12,125.00 12.125.00 10.005.00 4,000.00 4.000.00 AS-BUILT/RECORD PLANS (Provide and maintain per contract documents) t E, $ 850.00 850.00 325.00 325.00 2.300.00 750,00 750.00 Subtotal Section I $ 21,80000 19,350,00 21,751.66 7.825,00 BASE BID SITE DEMOLITION, PREPARATION AND DISPOSAL SITE PREPARATION & GRADING a. Per Recommended site preparation procedure and grading note and detail G 47727 S,F. S 0.50 23,863,50 0.33 15,749,91 2.96 141,271.92 0.35 16,70445 b. Add5'oltop soli to medians. 1108 C.Y. , 25.00 27,700,00 32.30 35,788.40 32.27 146,183.10 40.90 45,317.20 LOCATION OF EXISTING SLEEVES Hour1y rate to include two laborers and one excavator wilh operator, 16 Hrs $ 40,00 640.00 151.00 2,416.00 79,75 1.276.00 128.25 2,052,00 Subtotal Section II S 52.203,50 53.954,31 288.731.02 64,073.65 I. f. t 2 3 11.11. t GC-P.2a Page 1 of6 Project Mgr.: Pam Lulich Date Poseted: 12-14-05 DateOue: 1-23-06 BID: 3935 'U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project" Addendums: 2 Agenda Item No. 16811 February 14, 2006 Noti~g@l1ltM"8 Packages Requested: 4 Bids Received: 4 1 2 3 4 5 6 7 8 ArazozaBros. Hannula Landsca in rpoicsNorth Vila & Son Landsca in Section f Bid Item I Descrlntlon Est,QtUnlt Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost U.S. 41 (S.R, 45) TAMIAMI TRAil NORTH PLANT MATERIALS f Sizes Der Dlan Dlant schedulel Palms/Trees Plant unit prices to Include planting backfill per notes or specifications, Quercus Virginiana, Uve Oak- 100 gal., 22'-26' hI., 7"-8' spr., 5" caL, specimen 3 Ea. I 1,140,00 3,420.00 633.00 1,899.00 1,025.26 3,075.78 2,115.00 6,345.00 Tabebuia impetiginosa, Purple trumpet- 65 gal.. 14'-19' hI., 5' spr., 3-1/2" eal 2 Ea. I 380,00 760.00 311.00 622.00 430.71 861.42 366.00 73200 Wodyetia bilurcata, Foxtail Palm-10' Ct., specimen 18 Ea. , 513.00 9.234.00 427,00 7.686.00 834.65 15.023.70 437.75 7.879,50 Wodyetia bifurcata, Foxtail Palm-15' Ct., specimen 45 Ea. , 722.00 32,490.00 587.00 26,415.00 1,021.48 45,966.60 676,50 30,442,50 Cocos nueifera. Green Malayan- 12' CI., specimen 4 Ea. , 2.000.00 8,000.00 480.00 1,920.00 2,025.86 6,103.44 1,608.25 6,433.00 Roystonea Elata, Florida Royal Palm- 6' elr wd., specimen 11 Ea. , 1.100.00 12.100.00 712.00 7,832.00 1.382,98 15,212.78 741.50 8,156.50 Lagersfroemiaspeeiosa,QueenCrape-14'-16'hl.,6'spr 4 Ea. , 380.00 1.520,00 373,00 1.492.00 430.71 1,722.84 421.50 1,686.00 Ligustrum lucidum, Glossy Privef- 10'-12' hI., 8' spr" Multi-stem Specimen 12 Ea. , 380.00 4,560.00 62300 7,476.00 485.30 5.823.60 412.00 4.94400 Shrubs MuhlenbergiaCapillaris,MuhyGrass-3gal,,18"ht./spr.,4'OC. 20 Ea. , 618 123.50 7.15 143.00 26.07 521.40 7.85 157.00 Plumbago Auriculafa, Imperial Blue- 3 gal., 18" htlspr., 4' o.e. 204 Ea. , 6.65 1.356,60 7.55 1,540.20 23.43 4,779.72 8.25 1.683,00 Allamanda schottii, Bush Allamanda- 3 gal., 12" ht., 24" spr.. 3' o.e.. 108 Ea. , 7.60 820.80 6.70 723,60 23.43 2,530.44 7,85 847.80 Bougainvillea. "Dwarf"- 3 gal., 30. htlspr.., 3'o.c 48 Ea. , 760 364.80 8.90 427.20 31.34 1,504.32 8.25 396.00 PhilodendronSelloum, "Xanadu"-3gal., 30"ht./spr,4'o.c. 54 Ea. , 22,80 1,231.20 10.65 575.10 23.43 1,265,22 12.25 661,50 Ground Coven; Euphorbia milii,Crown of Thorns-3 gaL,8"-1O" ht.,3" o.c 381 Ea. , 7.60 2,895.60 7.10 2,705.10 26.07 9,932.67 8.25 3,143.25 Raphiolepis indica 'Alba'.lndian Hawlhorn-3gal., 12"-16"ht./spr..3'o,e.Whito 126 Ea , 7,60 957.60 8.00 1,008.00 28.70 3.616,20 8.65 1,089.90 ALT.-Ficus microcarpa, Igreen Island- 3gaL, 12'-16" hUspr., 3' o.c. White Juniperus chinensis 'Parsonii'. parsoni Juniper-3 gaL, 12'ht., 24" spr., 3" o.C. 535 Ea , 7.60 4.066,00 7,12 3,809.20 26,07 13.947.45 8.25 4.413,75 Tun-St. Augusfine'Floratam'grass 24251 S,F. , 0.32 7,760.32 0.32 7,760.32 0.30 7,275.30 0,32 7.760.41 Subtotal Section III $ 91,660.42 74,033.72 141,162,88 86,771.11 Subtotal Section I, II, & III $ 165.663.92 147,338.03 429,89390 158,669.76 11I.11I, 9 10 11 12 13 15 16 17 GC-P-2b Page2of6 Project Mgr.: Pamlulich Date Poseted: 12-14-05 Dale Due: 1-23-06 BID: 3935 "U.S. 41 North (SR 45} Tamiami Trail North Phase!V Streetscape Beautificalion Project' Addendums: 2 Agenda Item No. 16B11 February 14, 2006 Noti~~@{15 M13 Packages Requested: 4 Bids Received: 4 3 ArazozaBros. Hannula Landscapin TrpoicsNorth Vila & Son landscapin Section I Bid Item I Description Est. QIUnlt Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost U.S. 41 (S.R. 45) TAMIAMI TRAIL NORTH . IRRIGATION MATERIALS Irrigation system sources: Connection 10 County provided water meters 2E, $ 110.00 220.00 740.00 1,480,00 115.00 230.00 500.00 1.000.00 System C1 & C2: Bermad 910-P 2" MagneUc drive Hydrometer globe mount, 4A inline Filter, 3 way, 24 VAC, normally closed barmaid solenoid pilot valve. To include 6"plex shielded 14 awg wire from Bermad to controller. 2 Ea. , 1,653.31 3.306.62 1.488,00 2,976,00 1.728,70 3.457.40 1.515.00 3,030,00 System Cl-Existing MotorOla Imnet 48 Stalion. Bid valve wiring & setting up controller to ba fully operalional wilh all components. 1 E, , 213.06 213.06 145.00 145.00 222.75 222.75 800.00 800,00 System C2-Motorola Scorpios 24 Station. Bid valve wiring & setting up controlierto be fully operational with all components. 1 E, , 142.70 142.70 14500 14500 148.50 148.50 800.00 800,00 3" PVC 1120-1220 Class 200 gasketed irrigation main line wilh Harco DIP fittings. Reuse water color coded. Mainline pipe through sleeves to solvent weld & notgasketed 8016 LF. , 700 56,112,00 6.44 51,623.04 7,33 58,757.28 4,45 35,671.20 4" PVC 1120-1220 Class 200 gaskeled irrigation main line with Harco DIP fittings. Reuse water color coded. Mainline pipe through sieeves to solvent weld & notgasketed 625 LF , 8.65 5,406.25 9.10 5.687.50 9.04 5,650.00 6.40 4.000.00 Valve wiring Installed Valve wiring #12 ga, Common wire 37782 L,F. , 0.09 3.400.38 0.25 9.445.50 0,10 3.778,20 0,14 5,289.4A InstalledValvewiring#14ga, Activation and spare wire 55479 LF. $ 0.08 4,438.32 0,16 8,876.64 0.08 4.43832 0,08 4,43. IV IV 1 2 4 5 6 GC-P-2c Page30f6 Project Mgr.: Pam Lulich DatePoseted: 12-14-05 Date Due: 1-23-06 BID: 3935 'U.S, 41 North (SA 45) Tamiami Trail North Phase IV Streetscape Beautification Prajecr Addendums: 2 Agenda Item No. 16B11 February 14. 2006 Noti~~@11B MB Packages Aequested: 4 Bids Received: 4 9 ArawzaBros. Hannula Landsca in T oicsNorth Vila&SonLandscapin Section I Bid Item I Descriotlon Est.Q1Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost U.S. 41 (S.R. (5) TAMIAMI TRAIL NORTH Hunter MWS-FR, Mini-weather stalion with freeze sensor 2 Ea. , 486.12 972,24 315.00 630.00 508,23 1.016.46 410.00 820,00 Irrigation main line blow off points, 3" & 1-1/2" SCH 80 Piping & Fittings, 3" & 1-112" manual gate valve. valve boxes and other elements as per detail 2 Ea. , 1,414.68 2,829.36 25100 50200 1.478.98 2.957.96 115.00 230.00 Class 160 pve pipe. Refer to plan or pipe sizing schematics for sizes, Piping Irom sprinkler to sprinkler shall be 1". Piping from sprinkler row to sprinkler row shall be 1-114". AIi pipe to be reuse water color coded. (INCLUDE IN HEAD (INCLUDE IN HEAD (INCLUDE IN HEAD (INCLUDE IN HEAD 0.100 PSI Liquid filled pressure gauge and air valve with PRICING) PRICING) PRICING) PRICING) adequate SCh40 pvc tees and outlet reducers at main & submain pressure check points. Provide 1 jumbo size rectangular valve box per assembly 7E, , 319.33 2.235.31 253.00 1,77100 333.88 2.337.16 47.25 330,75 8" HDPE-Glass 150 SORll Extra molecular weight HOPE Irrigation sleeves 212 Ea. , 63.24 13.406.88 6700 14.204.00 66.11 14,015.32 55,00 11,660,00 6" HDPE-Class 150 SOA11 Extra moleCular weight HOPE Irrigation sleeves 1385 Ea. , 41.56 57,560.60 34.00 47,090.00 43,45 60.178,25 28.00 38,780.00 4" HOPE-Class 150 SOR11 Extra moleCular weight HOPE Irrigation sleeves 200 Ea. , 2710 5.420.00 19.00 3.800.00 2834 5.668.00 17.20 3,440.00 2" HOPE-Class 150 SORll Extra molecular weighl HOPE Irrigalion sleeves 780 Ea. , 18,06 14,08680 13.50 10.530.00 18.89 14,734.20 12.00 9,360,00 1.25" SCH 40 PVC irrigation wiring sleeves inside other sleeves 867 Ea. $ 2.45 2,124.15 1.37 1,187,79 2.57 2,228.19 235 2,03745 Nibco 3" epoxy coated isolalion gate valve with non-rising stem 11 Ea. , 531.92 5.851.12 63500 6,985.00 556,00 6,116,00 525.00 5,775,00 LR.Nelson7644, 1'Ouickcouplervalve installed within jumbo box 11 Ea , 135.08 1.485.88 245,00 2,695.00 141.22 1.553,42 150.00 1,65000 LA. Nelson 7641 Ouick coupling valve key and swivel ell. 1 per40.C.vaives 3 E' $ 7570 227.10 134.00 402.00 79.00 237.00 34500 1,03500 Toro 220-227-X.5, 1.25:" 220 Series Brass Electric Solenoid Valve with pressure reguiator, include a 1,25' AedWhrte 206 Series isolation valve. InSlallcombinalion unilswilhinajumbosizevatvebQx 29 Ea. , 581,92 16.87568 535.00 15,515.00 608.35 17,642.15 405,30 11.753.70 Toro XP34XX-12.XX. Taro 340 Series 12" High pop-up multi-stem rotor head body with nozzles as indicated per plan, Aeferlo plan for patterns & nozzle sizes. 48 Ea. , 81,84 3,928.32 8600 4,128.00 85,57 4,107,36 96.55 4,634,40 Toro 570Z-PAX.12P, Taro 570 PRX Series 12" High Pop-Up spray head body with in-riser pressure regulator and X-flow shut-off device. Aeferto plan for paflerns& nozzle ranges 176 Ea. , 43.49 7.654.24 4300 7,568.00 45.47 8.00272 45.80 8,060,80 7 8 10 11 12 13 14 15 .lk 19 20 21 GC-P-2d Page4of6 Project Mgr.: ParnLulich DalePoseted: 12-14-05 Date Due: 1-23-06 BID: 3935 'U.S. 41 North (SR 45) Tamiami Trail North Phase IV Slreetscape Beautification Project' Addendums: 2 Agenda Item No. 16811 February 14, 2006 Noti~gtf1IlMl3 Packages Requested: 4 Bids Received: 4 22 ArazozaBros. Hannula Landscapin TrpoicsNorth Vila & Son landsca ing Section I Bid Item I Description Est. Q1Unlt Unit Cost Tot.ICost Unit ... Total Cost Unit Cost Tot.ICost Unit Cost Total Cost U.S. 41 (S.R. 45) TAMIAMI TRAIl. NORTH Toro 570Z.PRX-SP, Toro 570 PRX Series S' High Pop-Up spray head bodywilh in-riser pressure regulator and X-flow shut-off device. ReIer to plan for patterns & nozzle ranges. 108 Ea. , 20.39 2,202.12 3S.00 3,888,00 4236 4,574.86 40.75 4,401.00 Toro FB-l00-PC, 1 GPM or FB-5o-PC, .5 GPM Pressure compensating flood bubbler nozzle on 570S-E Shrub adapter. 1 pDrdesignatedlree. Reterloplanlortrees and flows designated. 99 Ea $ 19.69 1,969.11 31,00 3,069.00 20,79 2,058.21 26.50 2,623.50 Green color retlective pavement marker. To be inslalledal top of curb, by Contractor 24 Ea. , 13.30 319.20 16.75 402.00 13.91 333.84 3.20 7680 Subtotal Section IV $ 212,387.44 204,745.47 224,443.57 161.697.40 INSTAl.l.ED SITE MATERIALS DECORATIVE PAVERS SAND SET (Includes 10% for waste) 1273 S,F. S 15.00 19,095.00 8.10 10,311.30 6.43 8,185.39 13.00 16,549 I'~ MULCH (Color Enhaced Eucalyptus Blend by Forestry Resources or equal) 3288 Bags $ 5.50 18.084.00 4.24 13,941.12 6.06 19.925,28 3.20 10.52 Subtotal Section V $ 37.17900 24.252,42 28,110.67 27,070.601 FINAL TOTAL BASE BID I through V S 415,230.36 376,335.92 347,437.761 23 24 V.V, 1 2 NOTES: ALL QUANTITIES & MEASUREMENTS LISTED IN THE MATERIALS & WORK BID SCHEDULE ARE PLAN TAKE-OFF ESTIMATES SUBJECT TO FINAL ON_SITE aUANTITY ANDIOR MEASUREMENT VERIFICATIONS. REVIEW EXHIBIT H "INTENT OF CONTRACT DOCUMENTS". 1.1 THRU '.3 GC-P.2e Page50t6 Project Mgr.: Pamlulich DatePoseted: 12-14-05 Dale Due: 1-23-06 BID: 3935 'U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Projecf Addendums: 2 Agenda Item No. 15B11 February 14, 2006 Noti~gtn6 M"8 Packages Aequested: 4 Bids Received: 4 1 2 3 4 5 ArazozaBros. Hannula landscapin TrpoicsNorth Vila & Son landscapin Section I Bid Item I Descrintlon Est_QIUnlt Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost U.S_ 41 (S.R. 46) TAMIAMI TRAIL NORTH COLLIER COUNTY SUPPLIED PROJECT ITEMS (NOT IN BID) 1_1.S"Reusewatermeterwith2"serviceline. 1 Ea. BY COUNn BY COUNTY BY COUNT BY COUNTY BY COUN" BY COUN BY COUN- BY COUNTY Underground Electric Service for Controller C-2 1 Ea. BY COUNn BY COUNTY BY COUNT BY COUNTY BY COUN' BY COUN BY COUN- BY COUNTY Electric Service connection fee for Controller C-2 1 Ea BY COUNn BY COUNTY BY COUNT BY COUNTY BY COUN- BY COUN BY COUN- BY COUNTY System C2-Motorola Scorpios 24 Station Controller Sla. 113+20 +1- Ha BY COUNn BY COUNTY BY COUNT BY COUNTY BY COUN- BY COUN BY COUN- BY COUNTY 1- 1.5" potabie water meters with 2' backflow preventer with 2' service line. 1 Ea. SY COUNn BY COUNTY BY COUNT BY COUNTY BY COUN' BY COUN BY COUN- BY COUNTY Subtotal Bid Items BY COUNTY BY COUNTY COUNTY BY COUNTY COUNTY BY COUN COUNTY BY COUNTY MalerialManulactures y y y y listoiSubcontractors y y y y Statement of Experience of Bidder y y y y Trench Satety Acl y y y y Bid Bood y y y y AddendumsAcknowledged Opening Agent: Brenda Brilhart Witness: Courtney Grosman GC-P-21 Page6of6 Agenda Item No. 16B12 February 14, 2006 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve a Work Order in the amount of $152,486 to PBS&J for design of the North Road Ditch Improvements Project (Project No. 511381), in accordance with the Transportation Planning Services Contract No. 02-3371 and to approve a budget amendment in the amount of $30,000. OBJECTIVE: To receive Board of County Commissioners' approval of a Work Order for the North Road Ditch Improvements Project (Project No. 511381), to PBS&J in accordance with the General Transportation Planning Services Contract No. 02-3371. CONSIDERATIONS: The North Road Ditch Improvements Project will consist of enclosing the 4, I 00 foot long roadside ditch that runs down the south side of North Road, and replacing it with an adequate storm water pipe system. Enclosing the ditch will provide additional shoulder space and improve safety, as well as health conditions, in the neighborhood. The project includes the preparation of construction plans and permitting for construction of the new drainage system. ~ Collier County had previously hired PBS&J for planning, design, surveying and permitting for a culvert replacement in North Road, located southeast of the Hazel Road intersection. In order to develop the scope of work for the North Road Culvert Replacement Project, PBS&J completed a preliminary report investigating the Rock Creek basin from a general perspective. The components of the report included the following: . Ecological assessment of both shoreline habitat and benthic community . Agency authorization and permitting requircments . Site survey (of culvert replacement and continued downstream to Airport Pulling Road) . Geotechnical investigations . Preliminary downstream study (with potential drcdging considerations) By completing all the deliverables from previous projects on time and within budget, having an extensive knowledge of the surrounding area in addition to experience with the County's processes and procedures, PBS&J is considered to be the most practical and cost effective consultant choice for a much needed project. Because of these reason, the Stormwater Department has requestcd PBS&J to prescnt a scope of service for the surveying, design and permitting of the new drainage system. FISCAL IMPACT: The total funding needed for the design phase is $152,486. Funding in the amount of $[25,000 is available in Fund 325 North Road Ditch Improvements Project (Project No. 51138 I). For additional funding to support design and permitting fees, move funds in the amount of$30,000 from the Countywide Swale Improvcments (Project No. 511401) to the North Road Ditch Improvements Project (Project No.5 [ 1381) by a budget amendment. .-- The source of funding is ad valorem taxes. Agenda Item No. 16B12 February 14, 2006 Page 2 of 13 GROWTH MANAGEMENT IMP ACT: The North Road Ditch Improvements Project is in accordance with the goals and objectivcs of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (I) Award a Work Order under Contract No. 02-3371 to PBS&J in the amount of$152,486. (2) Direct the Board Chairman to execute a Work Order under Contract No. 02-3371 with PBS&J. (3) Approve the necessary budget amendment. Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwatcr Management Department. Attachments: (1) Work Order; (2) Location Map; (3) PBS&J Scope of Services; (4) Budget Breakdown IlemNumber: IlemSummary: Meeting Dale: Agenda Item No. 16612 FebrUClry14.2D06 Page3of13 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS 16812 Recommendation to appro\le a Work Order in fhe amount of $152.4136 to PBS&J for design Of the N<:irlh I<oad D~dllmpfO\lement... Project (Project NCl, &11381), in accordance wrth the 1ranspartafion Planning Service... Contract No, OZ.33711lnd to appm\ll! a budget llm,,mdment in !he am!:lllnt of S30,OOO 2i14r2006 S 00:00 AM P'''iectMarlager D.. Pl'rpaTl'd By GI.nfranct> Nk(llat:i Transportatlol'lSarvicos Stormwatl" Manall"mont 112fl12110611:1f;:'2AM SomiorE"gir...er ~.. Appl'oved By G;f!uldKurtl TransporlationSorviGe'" Stom>Wlrte,M"nnllmnenl 1IZ7r2006!:JSAM Approved By Marra{lf!msntlBudgetAnalyst "'. Gklr;aHllmlra Tran'>pnrtatio"S",rvi""" stormWliMrM"""genw.rrt 112712006 IU2 AM Oat.. Appro~ed By EUlI..n" Calvert Tn","pQrtatIQIl"S"IV'''''''' Pri"cip"IProj,,~,M..na!l..r Tr.lrosport>>ti"" Enginariog lInd Cl)nsttudio" Mana\lOlrmmt 1iZS/20ll53,23PM T.arrsp"'tatk",Oiv;~ioflAdmill;..t1atnr ""'. Appl'o~ed By Noml E. Fa"o"AICP Tr1In<t.port.ationSf'rviel\.. Transpmtatlon S"rvlcas Admin, 113ll!20061:32PM App,'oved By AcecurrtingSuptl",isor D"" SnaronNlIWtl'lan l'r"w,pnrtalionSOlrvi"'",s Tnm~portml"nS"'\Iico"Admln 1!l!ll20065047PM C,;at",ctSpeci"-'h,t Do. Approved By Rh"nd"R~>1nb..rt Admirl,strml""Sl'rvl"" Purchuin9 2l112t1t16l:t!PM Approved By PurchusinlllGel"wrl$vcsDi'Olctor D.. Sm""CurJ>"U Admifll~!mth'r>S<\rviC{l" Prlr;;h.1MI19 21:m.OOlllO:36AM Pafl..r>lm!mf1l E~"Cijtlv" Sac.etal)' "". Approved By T,anspol1dlo"S"rvi""s Trun~portaf;onS,.<v;ce~Adm;n 2:21200611:19I\M Approv"d By OIlB Co<>rdiwrtor Couo1y M~n~gN's Office Allminj1\t.ativ<!Assislallt ""'" 2i312(106lbWAM Off(c.. of Maoll9<1ment & Budget Manag..ment '" Budget Drr.ctor ""'. Approved By Mil:har>15mykowski County ManagN'" OIflc.. O/ficeof M"n"\I"m'lrIt& Budyel 216120lffl1;{\4PM Deputy County Manager DO. App,.oved By Le<> E. Ochs, Jr. BOllr<Jof Cllurrty C"mmi.~"I'm~n; C"untyManllller'sOff\l;o 2i7!2CCII2:$SPM WORK ORDER # PBS-FT-3371-06-01 Ag reement for Fixed Term Professional Transportation Planning Services October 22, 2004 (Contract #02-3371) Agenda Item No. 16812 February 14, 2006 Page 4 of 13 This Work Order is for professional Transportation Planning Services for work known as North Road Ditch Improvements See attached scope of work for detailed description of the studv The work is specified in the proposal dated December 1,2005 ,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 # PBS- FT-3371-06-01 is assigned to PBS&J. Scope of Work: A. Labor 1,0 PBS&J 2,0 Subconsultant B. Expenses Fee $ 126,384.00 $ 22,240.00 $ 3.862.00 $ 152,486.00 C. Total: Schedule of Work: Complete work within 195 Notice to Proceed authorizing start of work. days from receipt of the Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or 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). 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: Gianfranco Nicolaci, Project Manager Stormwater Management Department Date REVIEWED BY: Gerald N. Kurtz, P.E., Principal Project Manager Stormwater Management Department Date AUTHORIZED BY: Eugene Calvert, P.E., P.T.O.E., Director Stormwater Management Department Date APPROVED BY: Norman Feder, A.I.C.P., Administrator Transportation Services Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Deputy Clerk By: Frank Halas, Chairman Date ATTEST: (Regional Secretary) By: (Print NamelTitle) Approved as to Form and Legal Sufficiency: Assistant County Attorney Agenda Item No. 16612 February 14, 2006 Page 5 of 13 ~ By: (Print NamelTitle) 2 '-- ;c;-., COLLIER COUNTY February 14, 2006 Page 6 of 13 BOARD OF COUNTY COMMISSIONERS PROJECT No. 511381 NORTH ROAD DITCH IMPROVEMENTS PROJECT LOCATION MAP RADIO RD ~ \~ / I- :z 1-1 \ (I) Z '<t I- Gl U -0 ~ ....- ~<> 0 Vr- ".... ~~ WESTVIEW DR 0 a \ GAIL BL V j ~ \ / / f (AZEL RD ). PROJECT LOCATION I 5 / 0 NORTH RD _0:: RD ...., - -1 \1>> fROTON RDllJ J ~. 02 OCONUT fIR I- ROBIN AVE I- ~ (I) 0 (I) SEAGR, PE AVE~ (I) LOTUS DR .... ~ ~ 0 0 ~ ii'i e: :z , 0 liJ ;l 0:: POINSET fA A VE ~ 0 (I) ffi 0 Cl 0:: GUAVA DJ 0:: ~ ROSEA CT ::3 0 ~ :z t3 i: .... HIBISell, AVE '<t COC DNUT CIR S PARROT A VE '"l S (I) - I- ESTEY A VE ~ FLAMINGO DR 0:: .... 0 tll 0.. 0 0:: 0 - ~I '<t fil ------I.. ~ CE AVE :iE ~ ~ DAVIS BLV '<t , ~ J .... \ I t;T1CUT A VE I J ) I \ ANT ARCTlC;CIR CHIPPENDALE DR AVE ARCTIC d IR I LANDMARK DR r \~ '"'1 I g: I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION STORM WATER MANAGEMENT DEPARTMENT . 2R85 SOUTH HORSESHOE DRIVE, NAPI,ES, FLORIDA 34]04 PHONE 239 774.8192 FAX 239-65985790 0 500 1,000 PROJECT MANAGER: GIANFRANCO NICOLACI DATE: JANUARY,2006 I I Feet - Agenda Item No. 16B 12 February 14, 2006 Page 7 of 13 SCOPE OF SERVICES COLLIER COUNTY PRELIMINARY ANALYSIS, DESIGN, AND PERMITTING OF NORTH ROAD DRAINAGE IMPROVEMENTS Background: Collier County (COUNTY) has previously contracted with PBS&J (CONSULTANT) for drainage improvements associated with a culvert replacement in North Road, located southeast of the Hazel Road intersection in Naples, Florida. As a continuation of improvements within the Rock Creek Basin, this task order will require professional services in support of assessing the enclosure of the open ditch that runs along the southside of North Road. Project Limits: This project will start near the intersection of Hidden Terrace and ends at the point North Road jogs to the northwest (total length of approximately 4,100 feet), PROFESSIONAL SERVICES: The professional services required to address this task order are described below. Task 1: Kick-off Meeting and Data Collection: PBS&J will meet with County representatives to discuss the existing conditions, the project schedule, collect boundary condition information, collect other available electronic information and discuss project objectives. In addition PBS&J will review existing as-built and GIS information for the project. Deliverables: . attendance at one kick-off meeting 10 discuss project, personnel, and flow of communication Task 2: Surveying Services: PBS&J shall contract with a Certified Surveying and Mapping Company to provide survey services consisting of locating existing horizontal and vertical control (GPS Localization) for the entire project site. All vertical data shall be referenced to the North American Vertical Datum 1988 (NA VD '88) and the conversion provided for the 1929 NGVD. The survey limits shall include: the County right-of-way for North Road beginning at Hidden Terrace and continuing west approximately 4100 lineal feet. Scope of Survey Services: 1. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data, which shall include the following: a) Location of all visible fixed improvements within the right-of-way (including 1 a-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b) Location of available above and below ground existing utilities: Street lights, FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. c) Identify platted rights-of-way (including bearing and distances tor centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements according to record plats. d) Elevations shall be indicated every 50-feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 10 feet back) shall be indicated on the driveways to indicate direction of grade. Agenda Item No. 16812 February 14, 2006 Page 8 of 13 e) Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established County Benchmark. f) All survey work shall be performed under the direct supervision of a Professional Surveyor and Mapper licensed to work in the State of Florida. All work is to be performed in a manner pursuant to Chapter 172 and Chapter 472 of the Florida statutes, and Chapter 61G17 of the Florida Administrative Code. g) Additionally, PBS&J shall "ground truth" the survey by walking the site and comparing the completed survey with existing conditions. h) County will assist Consultant regarding access to work within the Avion Woods Drainage Easement along North Road. County shall provide Consultant with a letter (on County letterhead) indicating that Consultant is working on behalf of the County for facility drainage improvements. i) Include horizontal control of delineated wetland limits Deliverables: . Copies of all survey field notes . A list of all geodetic control points utilized in the completion of the survey . An electronic point file of all points in ".tx!" (Point Number, Northing, Easting, Elevation, Description) comma delimited format, in both local ground coordinates and State Plan coordinates (Florida East Projection, North American Datum 1983) in U,S. Survey feet, with explanations of any abbreviations used in point descriptions. . 2 copies of the final survey, signed/sealed by a licensed Florida Professional Surveyor and Mapper. This task will not include: . Boundary surveys of adjacent land owners . Soft dig or pothole locates Task 3: Geotechnical Investigations: PBS&J will contract with a geotechnical engineering firm to perform subsurface explorations and geotechnical studies for the project. These explorations will include the performance of the following: . Explore subsurface conditions of the proposed project using three (3) Standard Penetration Test (SPT) borings drilled to 20 feet below the existing land surface and four (4) auger borings to a depth of 10' below the existing land surface. The SPT and auger borings will be positioned in an alternating pattern at approximately 600 feet intervals along the project limits. . Determination of depth to groundwater and the seasonal high groundwater level estimates/discussion as they affect design and construction. . Perform test excavations and/or soil borings to investigate the soil conditions (e,g. internal friction angle, cohesion, unit weight and earth pressure coefficients) for culvert replacements. Culvert replacements shall only include reinforced concrete pipe. . Recommendations for subgrade preparation and backfill compaction, suitability of excavated soils for use as backfill and other geotechnical construction considerations. Deliverables: . 2 copies of a Geotechnical Investigation report summarizing geotechnical data. Task 4: Environmental Investigations: PBS&J environmental scientists will: . Determine landward extent of state waters as defined by Chapter 62-340, FAC., as ratified in Section 373.4211, F.S. Agenda Item No. 16812 February 14, 2006 Page g of 13 . Determine the jurisdictional boundaries of wetlands and surface waters as defined by rules or regulations of any other permitting authority (local, State, and Federal) that is processing a permit. . Prepare aerial maps showing their jurisdictional boundaries of wetlands and surface waters. The maps shall show the jurisdictional limits of each agency. All jurisdictional boundaries are to be tied to the project's baseline of survey. . Prepare data in a tabular form which includes 10 number for each wetland or surface water impacted, size of wetland to be impacted, type of impact and identify any wetland or surface water within the project limits which will not be impacted. . A technical memorandum will be prepared to summarize potential impacts and mitigation required during permitting. Task 5: Utility Coordination: PBS&J will coordinate the improvements with existing utility owners in the vicinity in order to reduce the likelihood of conflicts with the proposed improvements. Existing underground utility information will be obtained from utility red-line markups of the preliminary plans and through coordination of a design ticket from Sunshine. Task 6: Pre-Applications Meetings: PBS&J will schedule and attend a pre-application meeting with the USACE, the Department of Environmental Protection, and/or South Florida Water Management District, and Collier County staff to discuss the proposed project. Issues to be discussed include application and severance fees, water quality, permitting requirements, avoidance and minimization issues, and applicable mitigation. PBS&J will prepare meeting highlights for the meeting. Deliverables: . Attendance at 1 pre-application meeting with each of the agencies identified above. . 1 copy of a memorandum summarizing the meeting highlights. Task 7: Drainage Design: Based on the collected data PBS&J will develop a stormwater model (ICPR) to confirm the proposed culvert size within the project limits. If no detailed model of the drainage system for the project area is available, flows from the drainage area upstream of the culvert structure will be estimated by assuming a single basin to that point. No hydraulic routing calculations are anticipated. The model will include applicable downstream tailwater conditions (based on available tidal conditions). PBS&J will also perform a hydrologic/hydraulic analysis to assess upstream or downstream impacts. If necessary, potential mitigation measures needed to mitigate for flood increases downstream will be assessed, and a plan to mitigate for ecological impacts along the banks of the ditches will be analyzed. At this staae. the ofoiect feasibility will be assessed based on the mitiaation needs. PBS&J will summarize the findings in a report including discussions regarding: data collection, hydrologic and hydraulic approach, input model, flood stage elevation, flow rates, and environmental investigations and project recommendations. Supporting figures, maps, and aerials will be included within the submittal. Deliverables: . 2 copies of the final report This task will not include: . Basin-wide stormwater modeling . Development of wetland mitigation or flood mitigation plans Agenda Item No. 16812 February 14, 2006 Page 10 of 13 Task 8: Construction Plan Preparation: PBS&J will prepare construction plans (24" x 36") based on enclosing the open ditch within the project limits located along the south side of North Road. Improvements are anticipated to include fill, headwalls, reinforced concrete pipe, slope protection (rock rip rap), replacement of existing pavement, drainage inlets, sodding, etc. We anticipate that the construction plans may consist of the following: . Cover Sheet . General Notes . Symbols, Legend and Abbreviations . Existing Site Plan . Horizontal and Vertical Control Sheets . Erosions and Turbidity Control Plans . Plan and Profiles . Cross Sections (as pertinent) . Details As this project is on an accelerated schedule PBS&J anticipates a submittal to County Staff at the 90% stage. PBS&J will incorporate any comments from each individual phase submittal into the construction plans and proceed with preparation of 100% Final signed and sealed plans for construction. Deliverables include: . 2 copies of 90% complete construction drawings for COUNTY review . 3 signed/sealed copies of 100% complete construction drawings This task does not include: . Bridge design . Development of wetland mitigation or flood mitigation plans Task 9: Engineer's Opinion of Probable Construction Cost: PBS&J will prepare the Engineer's Opinion of Probable Construction cost for the project. The basis of the estimate will be local and historical/current industry costs for similar type projects. The estimate will include anticipated pay items, estimated quantities and estimated unit costs. Deliverables: . 1 copy of the final Engineer's opinion of Probable Construction Cost Task 10: Contract Specifications: PBS&J will prepare Contract Specifications in CSI format for the project. The specifications will be project specific and adhere to County standards. The County shall provide the "front-end" documents for the Specifications. Deliverables include: . 2 copies of 90% complete specifications for COUNTY review . 3 signed/sealed copies of 100% complete specifications Task 11: Permitting: PBSJ shall prepare engineering exhibits, cross sections, and applicable narratives necessary for permit application submittal. In addition, the base data acquired shall be summarized in a report format and submitted as an addendum to the joint state/federal permit application. A draft application shall be prepared for client review and approval. Upon approval, a revised final application shall be prepared and submitted to the Agenda Item No. 16B12 February 14, 2006 Page 11 of 13 regulatory agencies. The client shall be named as applicant on all permit applications. The County will be responsible for all permit application fees. PBSJ will provide the following information to prepare and submit the appropriate permit applications for this project. . Wetland information/data required to complete Sections A, C and E of the ERP application form. . Project description in narrative form. . Wetland impact tables . Wetland impact drawings . NWI and soil maps . Color infrared wetland maps . Site Photographs . UMAM Sheets . Wetland survey This task does not include: . Development of wetland mitigation plans Sufficiency Responses and Permit Processing PBSJ shall respond to agency comments and requests for additional information as necessary to achieve an application Completeness Summary from the FDEP/SFWMD and ACOE This task may include the preparation of additional exhibits or the collection of additional data, as necessary. Agency Meetings and Public Hearing PBSJ shall meet and/or correspond with the FDEP/SFWMD, ACOE and Collier County in support of agency approval of the regulatory permit applications. PBSJ shall conduct up to two (2) coordination meetings each with FDEP/SFWMD and ACOE, as needed to obtain favorable permit approval. Task 12: Bidding Assistance: PBS&J services under this section shall include: . Attend one (1) pre-bid conference; for which PBS&J will prepare meetings highlights, document and reply to questions and prepare one (1) addendum to the Contract Documents. . Attend one (1) bid opening and prepare bid tabulations. PROJECT SCHEDULE: The CONSULTANT shall commence professional services upon written receipt of Notice To Proceed (NTP) from COUNTY. The estimated time necessary to complete Tasks 1 through 11 will be approximately 185 days from the issuance ot the notice to proceed. This 185-day estimate does not include review time for the permitting agencies nor the issuance of the permit. Regulatory agency reviews can take anywhere from approximately 30 days to review and respond to a permit submittal. If there are any Requests for Additional Information (RAI) the applicant will typically have 30 days to respond and the regulatory agency will again have 30 days to review and respond until the requirements of the permit are satisfied. The issuing of a permit has historically ranged from 60 to 120 days. Bidding assistance (Task 12) is estimated at approximately 4 weeks. PROGRESS REPORTS: With each invoice, the CONSULTANT shall submit a progress report containing an explanation of the work completed during the invoice period. Agenda Item No. 16812 February 14, 2006 Page 12 of 13 FEES: The total lump sum fee for CONSULTANT's professional services wili be $152,486 (see Tabie 1, attached). Agenda Item No. 16812 February 14, 2006 Page 13 of 13 TABLE 1 Project Budget North Road Drainage Improvements - Task Order I. Labor S& S&J b A. PH J Labor PB Contract La or Multiolier"" 100 Task PBS&J Raw Labor Rates and Hours PBS&J PD SPE Ell SSIl SD] SAil No Description Total Cost $150,00 $108.00 $85.00 $124,00 $85.00 $66.00 North Road Drainage Improvements 1 Kick-off meeting/Data Collection 2 8 12 8 4 2 36 $3,648.00 2 Surveying 2 8 4 4 10 2 30 $2,982.00 3 Geotechnical Investigations 2 8 4 0 0 2 16 $1,636,00 4 Environmental Investigations 2 4 12 30 18 ]6 82 $8.058.00 5 Utility Coordination 2 4 40 0 12 , 66 $5.680.00 6 rre-App Meeting 0 4 16 4 16 4 44 $3,912.00 7 Drainage Design 12 48 9Q 8 24 2 184 $]7,798.00 S Construction Plan Preparation ]6 60 80 4 300 8 468 $42,204.00 9 Engineer's Opinion of Probable Const Cost 2 ]6 40 0 8 2 68 $6,240.00 ]0 Specifications 4 ]6 60 ] 0 50 131 $10,852,00 11 Permitting 10 28 60 40 40 18 196 $]9,172.00 12 Bid Assistance 4 8 24 0 2 8 46 $4,202,00 Subtotal 58 212 442 99 434 122 1367 $126.384,00 Construction Management - To Be Detennined $0,00 Subtotal 0 0 0 0 0 0 0 $0,00 Total Labor 58 212 442 99 434 122 1367 $126.384 II. Expenses Expenseltem Total Cost ] Reproduction-Plans $900,00 2. Reproduction- Photocopies $125,00 3 Reproduction-Specifications $450.00 4. Shipping $287.00 5 Computer modeling 580000 6 Trn\'cI $\,;10000 7 Total Exnenses $3.862.00 Suoconsuhants Total Cost ] SUf\-'c}'ing $16,040,00 2. GeotechnicallllVestill3tions $6200.00 3 Total EXDenses $22,240,00 III. ProjectTotll1 Item Bud'et A. Labor ] PBS&J $126.38400 2. Subconsultant $22.240,00 3. Total $148,624,00 B Expenses $3.86200 C.GrandTotal $152.486.00 Agenda-BCCAGENDA.20359/Summary 2/2/2006 Agenda Item No. 16813 February 14, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to enter into a Work Order in the amount of $114,519.50 with Carter & Burgess Inc. for a Transportation Planning and Preliminary Engineering Study for the Bayshore/Gateway Triangle area OBJECTIVE: To receive Board of County Commissioners' authorization for staff to enter into a Work Order with Carter & Burgess Inc. for a Transportation Planning and Preliminary Engineering Study for the Bayshore/Gateway Triangle area in accordance with the annual contract for Traffic Engineering Consulting Services, Contract #03-3465. CONSIDERATION: Over the last several months, transportation staff has been working with the Bayshore/Gateway CRA staff to identify ways to further the goals of the CRA while addressing the overall transportation needs in the area. The purpose of this study is to identify existing transportation deficiencies in the area, to assess the future transportation and stormwater needs of the area and to select the most appropriate roadway design and streetscape design features to meet the existing and future transportation needs, while meeting the goals of the CRA, for a vibrant and livable community. This study will be a collaborative effort between Transportation staff and CRA staff and will identify existing conditions and deficiencies, roadway typical section alternatives, redevelopment strategies, parking needs and identification of alternate parking facilities, traffic calming needs and the identification of traffic calming measures, the development of an access management plan and the identification of stormwater needs and various solutions. This study will also include a public outreach program to guide ad share ideas on the proposed solutions. FISCAL IMPACT: The study cost is $114,519.50 and will be split between the CRA and Transportation Planning funds. Transportation's portion is $62,985.72 and will he funded from project #60163. Any additional services will be the responsibility of the CRA. The source of Transportation funds is gas taxes. GROWTH MANAGEMENT IMPACT: This study is consistent with the goals and objectives of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners authorizes the County Manager or his designee to enter into a Work Order with Carter & Burgess Inc. in the amount of$114,519.50. Prepared By: Donald L. Scott, Transportation Planning Director Attachment: Scope of Services and Fee _. Agenda Item No. 16B13 February 14, 2006 Page 2 of 12 Item Number; Item Summary; MeetlnlilDate; Agenda Item No. 16813 February 14. 2006 Page3of12 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 15813 Recommendeticn to 1I111horize Couniy Manager 01 his designee to enter into a Work Of'ller in the amount af$'14.5'9.50w~hCarter&Burgesslnc.loraTransportalianPlann;ngand Pllll;minaryEng;neering StudyforlneBayshorelGatewayTrlanglearaa 2114!200ll9:0Q:OOAM ,.. Approved By Sharon Newman Transpor1at;onServ;<;I'ls AccountingSuperviso, l',ansporf.alk",Service>;Admin 1/)0I2DO&5:11 PM ,,,.. Approved By No,mE,Feder,AICP l,.,,,,sporlationServices lrnusportationDivi"ionAdTn;nislrnlor 1mnsl",rta1;onS..rv;ce"Adrnin. 113111l1068:04AM ,.. Approved By GlonaHe...."." Trnn"part.1l1onServicas Managen19nt'8udllatAnal'l'sl Stormwat... Mana1l9,,,.,,,t 1/31!20068:37AM ,,,,.. Appr9vedBy DonaldL.Swff Tnm"port.afioIlSefVi~$ T'.1llsportatin"PlanningO;....ctor Trnnsf'o"atinIlPlanninll li31120(!G8:.t3AM "'. Approved By Rh'>>l(laR""'~t1 Admjlli"rra\jveServi~" ContractSpecialr$; PUn:l1l11illg 21112C{1IJ9,04AM 0"" Approved By Stov..Carn,,11 Adlllini~lnrtiveS"fV;Ce5 PurchaslngIGe...,roll Svcs Di",ctn, Purcha~inll VlI2006111;50AM "" Apl'rnved By Pal Leh"1l8rd l'rallsp",tirt;QIlS"rvices EncutiveSoCr<llllry l'an"'porta:lionS..rvic""Admin lI2i20Otil1;Z'AM Oal.. Appro~ed By OMBConnfinator Co"nty Manager.s Offiee Adn,;nist'at;v"As"if,ta:nt OtIk..otManage...ent'\flHd'let 2131Z0IJ6S,01AM """ ApprovffiBy 08vid.hltk"OIl Community RedevelopmMl AlJl>ncy E"..eu~ive Directo, e.1ysh"....G.tewayRed..velopn...", Z"12G(!f;1:51 PM "'. Approved By Matl<.ls8ek",(>n CoHntyM8nal!e,'~Offic.. Budg..tArnlIY$t Ofl,c" of Manll<,1emellt & a",dg<1l 2ITfZOO'6:5SAM "''' Approved By u.oE.Ochs,Jr. ao..d"fCaHnly Commluion"". DIlpu~yCountyMlInllg", COl.lnty Ma"';/Iger's Office 2n/200e3;Z8PM Agenda !tem No. 16B13 February 14, 2006 Page 4 of 12 SUMMARY FEE sun:T W...~Or".."'umb..,_ I)IIA"I',vellll. u...P...p....., lI.bu..'I' 1. 29M r<i... ~o...ho" CClL.lJ[RCOllNTYPI.ANNING!IllPf'Oll'f ':IIJ'",jo<1No"'b..:4'1ItIi~lIIIJ.l__ F...\.P.N". s<.,.lWodN" C.......II..'N...., (;.",,,"80 ~ T.\N"'MANIIO!IR-~.\NIJI'Y.[ PIlu.mCI 1'1IINClJ'I.[ SI!:NIOIl.1l0AI1\\',\\'I Nt:NJ()lITRAFFIC St:NI01! EN(;INH.Jl/ In:SIGNP.1l AI)MI'i.ASSlT.I TOTAl. TASK 1'111""'11''\1. I'UNNF.1l 1JRAIN"\{;EENmN~.m RNGINF.F.II R()AIlW'\\'[)I!:SI(;:-E I'1.M<lNKR SI~rIlrr'\R\ l'ASK 1.1."- H",~y 1.1,,"" lloo,l. 1.1.0_ 1l,""ly 1.1.,- 1I...,lv 1.1",_ 1J"",ly Moo lI...~y 1.1.," Hou,l" 1.1.,,_ II...,])' FF.[ 11<>'''' F,,, ~" F.," bo"" 1<." "..", R,lo I""" F"o ~.. 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F,".J/IA"<<I"l~_" C"h",C-"pi..rJ'k,',W"'h= ~U81." l~d.y.,2n1""."'.'52Uj>r'd.Jj>r'd......f,M"'h,..""""""'SI~.n"""j>r,,,II!I"1 TurA.L~$U9.Y B. TOTAl WOIlK ORDER'} El$l1MATED CO$TS Tu'.IL.,",,~'..= SII1.-'OO T,~.I[);""'lll"""_= SI..j'<'J.~ C.oWL~~,,...,"....'~A......I""^'JHNL'A.~'''' ,.W'" 1'0<01(;...- SIIUU_Y "'_",~"" 2/1/2006 AgoOOa_BCCAGENDA20271 Agenda Item No. 16B13 February 14, 2006 Page 5 of 12 WORK ORDER # CAB-FT 06-01 Agreement for Planning Consulting Services (Contract #03-3465) This Work Order is for professional Transportation Planning Services for work known as: el.~nnjng and Preliminarv Ent:inecring Design of the Bavshore/Gatev.iav Triangle Redevelopment Overlav. The work is specified in the proposal dated February I, 2006, which is attached hereto and made a part of this Work Order. In accordance with the Tcrms and Conditions of the Agreement referenced above, Work Order #06-0 I is assigned to Carter & Burgess, Inc. ("the Firm"). Scope of WO,rk: . Task A- Data Collection and Documentation of Existing Conditions; . Task B- Alternatives Selection: . Task C- Identification of Future Transportation Impacts: . Task D- Public Involvement and Community A warcness; . Task E- final Documentation Schedule of Work: Complete work within Proceed authorizing start of work. 100 days from receipt of the Notice to Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump snm or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly raters) as enumerated in Schedule "i\" of the Agreement). (Task breakdown is attached) $112,060.00 (lump sum) $2.459.50 (time & material) $114,5]9.50 Reimbnrsables TOTAL fEE 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 Jeanne A Mar:,;clla, Adminlstrati\c Ass istani Darc AUTHORIZED HY Donald L. Sc.;OIt, Director Date APPROVED BY: ACCEPTED BY Date Auth1riZCd CO! any 01 '"" I --- I'/-VJO 1,-,-","", V/~-?~fO&.:V Type or Print Name an Title ~j, /0 {, Date J-/t /6 &:, Date Agenda Item No. 16B13 February 14, 2006 Page 6 of 12 SCOPE OF SERVICES FOR TRANSPORTATION PLANNING SERVICES FOR COLLIER COUNTY 1.0 INTRODUCTION The Collier County Community Redevelopment Agency (CRA) is currently focusing its redevelopment efforts on the Bayshore/Gateway Triangle Redevelopment area. The Bayshore/Gateway Triangle Redevelopment area is one of two primary arcas in Collier County designated by the Collier County Board of Commissioners to be viable for redevelopment under the authority of the Florida Statues Chapter 163, Part 1lI, Community Redevelopment Act. A preliminary plan for the Bayshore/Gateway Triangle Redevelopment area has been fomllllated by the CRA in close cooperation with the residents of the two neighboring communities, the Bayshore Community and the Gateway Triangle Community. These communities are located adjacent to each other, but are divided by US Highway 41. Attachment "A" illustrates the boundaries of the proposed redevelopmcnt area. The Collier County Transportation Planning Department has retained Carter & Burgess, Inc. (the Consultant) under Contract #03-3465 to initiate additional planning and preliminary engineering design of the Bayshore/Gateway Triangle redevelopment overlay. The land use planning and preliminary transportation engineering design efforts of the Consultant are to be closely coordinated with the Collier CRA to meet study objectives, as wcll as to address the needs of the affected communities through a public awareness process. 2.0 SERVICES TO BE PERFORMED The study is to provide a systematic approach to identifying a prcfcrred dcsign concept to meet future transportation and land use rclated demands with the overlay. The major services to be perfornled are summarized below. These services will be undertaken by the Consultant to achieve consensus with the study goals and objectives set forth by Collier County Government and the Collier County CRA. Task A - Data Collection and Documentation of Existing Conditions The Consultant will acquire the necessary information to be used in the analysis and documentation of study findings. A preliminary list of information required to supplement this study is included in Attachment "B'". Collier County will provide the Consultant with the requested data, as is available. If the Consultant needs to collect additional items, a separate task assignment will be negotiated. These items may include, but are not limited to the following: specific traffic studies data, field inventory of on- street parking, documentation of signing, assessment of traffic control, pedestrian and bicycle safety features, travel demand forecasts, land use plans, etc. Using this data, along with field reviews, the Consultant will document existing traffic operations, traffic and pedestrian safety and stonnwater deficiencies in the study area. In addition to performing an initial data collection effort, the Consultant will coordinate with Collier County staff on accessing the extent and scope of ongoing SlOmlwater projects in the CRA; especially, recent stormwater studies conducted in the northwest portion of the study area. These studies will be used as the basis to guide some of the decisions on identifYing the most suitable drainage systems for the area, as well as for consistency purposes to establish a cohesive and uniforn'} stonnwater system plan. It should be noted that the drainage assessment would not govem the overall schedule of the project; separate parts of this study will be studied concurrently. Spccifie subtasks related to the data collection and documentation of existing conditions is listed below. 2 Agenda Item No. 16813 February 14, 2006 Page 7 of 12 Task AI- Data Collection and Field Inventory The Consultant will review the existing Bayshore!Gateway Triangle Redevelopment plan, the transportation and land use elements of the Collier County Comprehensive Plan, and the 2030 update to the LRTP to identify pertinent standards and criteria used to plan and design for future growth in the suhject overlay district. The Consultant will also interview the Executive Director of the Collier County CR.... to document lessons learned through the implementation of the Bayshore/Gateway Triangle Redevelopment plan. The Consultant will also conduct a field inventory of on-street parking. assessment of public transit routes and study of pedestrian movements within the study corridor. Task A2- Documentation of Existing Conditions The Consultant will use the information learned in the above task to identify and document roadway and transp0l1ation infrastructure deficiencies, The existing conditions analysis will be used as a baseline to assess the adequacy of the existing system and to identi1). areas that are potentially notable candidates for future improvement. Deliverable: Draft Technical Memorandum I: Existing Conditions Analysis and Documentation of Area Defieieneies (up to 3 hard eopies plus digital version) Task B - Alternatives Selection Using Collier CRA and County Planning staff input. tbe Consultant will recommend specific typical sections and community redevelopment strategies. A typical section for a standard urban design of a Collier County roadway facility will be modified to meet required access management, traffic calming. parking and travel demard needs along the study corridors of Shadowla"11 Drive, US 41, and Bayshore Drive. Several altematives may be generated from the process of selecting the most suitable typical section based on impacts to tbe community. traffic, drainage and storm water implications, and cost. Deliverable: Draft Technical Memorandum 2: Typical Section Ahernativcs and Recommendation of a Preferred Conceptual Design (up to 3 hard copies plus digital version) Task C - Identification of Future Transportation Impacts Based on consensus of a preferred typical section, the following sub-tasks will be completed by the Consultant to evaluate the transportation needs and traffic mitigation strategies to better accommodate the anticipated development plan proposed in the Bayshore/Gateway Triangle Redevelopment area. Task CI- Traffic Demand Forecasts Collier County staff will provide the Consultant with 2030 traffic forecasts from the adopted regional travel demand model, which are to be consistent with traffic forecasts used in the recent update to the Long Range Transportation Plan and will need to include the proposed development in the Bayshore/Gatcway Triangle CRA. The traffic forecasts will be provided to the Consultant in tile fonn of Annual Average Daily Traffic (AADT) volumes. at which that point, the Consultant will convert the AADT volumes to directional design hourly traffic volumes (Dm.IV) based on approved K)o and DJO traffic design factors. Estimates for year 2030 morning and afternoon peak period turning movement volumes will be developed by applying existing turning movement percentages to the DDHV and using daily tums from the regional travel demand model. 3 Agenda Item No, 16813 February 14, 2006 Page 8 of 12 Task C2- Identification of Future Roadway Needs Highway capacity analysis results will be documented for key intersections along the Bayshore Drive, Shadow lawn Drive and US 41 corridors within the CRA.. The Synchro traffic software will be used to optimize signal timing parameters for input into the Highway Capacity Software (HCS), This assessment will be conducted for a No-Build (without improvcmcnts) and a Build (with proposed widening) ahernative in the horiwn year 2030. Intef1ncdiatc year analysis will be conducted on as needed basis. or as requestcd by thc client. Task C3- Identification of Future Parking Needs Bayshore Drive is currently a four-lane roadway facility with the potential to have on-street parking. particularly in the section just south of US 41 where there is existing and planned commercial development. Based on an approved development scenario in the study arca, the Consultant will dctcrminc whether thcre will be roadway capacity deficiencics or safcty implications if on-street parking is implemented in the future. In addition to providing a cursory evaluation of the traffic impacts of on-strcet parking, the Consultant will cstimate the future parking demand within thc study area with the approved development sccnario. Using parking rcquirements for new development from the Collier County municipal code, the Consultant will dctermine if parking facilities other than on-strcet parking will need to be provided to accommodate the future parking demand in the study area. The location of alternate parking facilities such as oflCstreet surface lots or garages will be identified according to the commercial redevelopment it is intended to SUPPOlt. Task C4- Identification of Tramc Calming Measures The study corridor will be examined for potential use of direct and indircct traffic calming measures. Indirect tramc calming measures can be seen as initial stcps taken to incorporate specific traffic calming elements in the design of the preferred typical sections that would in turn reduce vehicle speeds. These indirect measures typically include on street parking, bicycle lancs, pedestrian crosswalks, and a reduction in lane and/or shoulder widths. Alternatively, direct tramc calming measures could include the usc of spced tables, specd humps, conversion of a two-way strect to a onc-way street. and addition of strcct chokcrs, ctc. Thcsc traffic-calming measures are to be evaluatcd on Bayshore Drive, Shadowlawn Drive (particularly in front of the elementary school), and Thomason Drive. Collier County will provide the Consultant with vchiclc speed counts on Bayshore Drive for at least three separate locations. The Consultant will test the traffic impacts of closing Linwood A venue one block west of Pelton A venue, and the extension of Pelton Avenue northward to Linwood Avenue to provide better internal circulation in the neighborhood. Besides closing the westem terminus of Linwood Avcnue to through traffic, the feasibility of providing center islands/alternative treatments will be explored to calm traffic along Linwood A venue. Task C5- Typical Sections Based on the documentation of the analysis results mentioned above, the Consultant will modify a preferred typical section to meet the parking, access, motor vehicle demands and hicycle/pedestrian safety, aesthetic needs of the study corridor. The initial approach is to maintain a standard typical section of Collier County and modify it slightly to meet the goals of the study. In the process of modifying a typical roadway section identified to be best suitcd for the redevelopment, the Consultant will be cogniZllnt of the existing and anticipated future drainage limitations in tlle study area. Design variations of the standard urban typical section may need to be considcred in order to facilitate the design of a roadway in drainage sensitive areas. The typical sections developed may include sidewalks, bicycle lanes, landscaping and parking treatments. 4 Agenda Item No, 16B13 February 14, 2006 Page 9 of 12 Task C6- Development of a Comprehensive Access Management Plan An access management plan will be developed for the Bayshore Drive and Shadowlawn Drive corridors, which would identify locations where there is a need to reduce the number of left-turn out movements from drivc\vays and increase use of crosswconnection of driveways off the main thoroughfare to limit the number of access points. This also includes restriction of driveway movements to right-in-right-out or right-in, right-out, left-in movements by having median control. The task will also look at maintaining the landscape in the median for aesthetics purposes. The location of future lell-turn lanes in the median along the study corridors will be identified in a judicious manner using specific criteria as to minimize the removal or precluding the addition of new landscape features. This procedure will in turn assist in more readily attaining ultimate approval of the proposed access plan through the Board of County Commissioners. Task C7- Stormwatcr Treatment The development of typical sections will take into account the potential storm water impacts with the widening of the southem two-lane section of Bayshore Drive and widening of Shadow lawn Drive to accommodate restricted access medians, traffic calming features, and sidewalks. The Consultant will utilize exiting infonnation that is currently being used by the County's engineering consultant HDR in the northwest area of the CRA. Deliverable: Draft Technical Memorandum 3: Identification of Transportation Needs and Recommendation of Possible Mitigation Strategies (up to 3 hard eopies plus digital version) Task D- Public Involvement and Awareness The Consultant will conduct three (3) public workshops/charer within the county to present the preferred typieal seetions, recommended aeeess management plans, parking aeeommodations and traffie calming measures for each of the study corridors in the overlay area. The initial two publie workshops will be eonducted separately for each CR.'" area - Bayshore and Shadow lawn - to garner comments from the publie on the reeommended alternatives, A third and final meeting will be held jointly among to the two CRA areas to present the changes to the plan, incorporated by the Consultant subsequent to the local community's input. The Consultant will produce up to ten (10) display boards and a Power Point presentation for use at the public meetings. The Consultant will compile and summarize the publie eomments reeeived in an addendum to be included in the final report. Deliverables: Up to ten (10) display boards for the public workshops and a Power Point Presentation. Draft Addendum: Publie Comment Summary (up to 3 hard copies plus digital version) Task V - Final Documentation The Consultant will respond to comments provided by the CRA, Collier County Planning Department staff, MPO staff and the general public and revise each draft technical memorandum as appropriate. The final technical memoranda will each represent a chapter in the final doeument. Deliverables: Draft Final Report of the Bayshore/Gateway Redevelopment Plan Transportarion Study (up to three (3) hard copies plus digital version). Final Report documenting rhe Bayshore/Gateway Redevelopment Plan Transportation Study (up to 3 hard copies plus digital version) Agenda Item No. 16B13 February 14, 2006 Page 10 of 12 3.0 STUDY REQUIREMENTS Al'.'D PROVISIONS FOR WORK A. Project Schedule Within ten (10) days after the Notice-to-Proceed, the Consultant shall provide an updated project schedule and anticipated payout curve. Said schedule and anticipated payout curve shall be subject to approval by the County before an invoice can be submitted. The project shall not exceed 100 days in duration beginning with the Notice-to-Proceed Meeting. B. Key Personnel The Consultant's work shall be performed and directed by the key personnel identified by the Consultant during the proposal stage of this project. Deviations, if any, shall be subject to wrillen approval by the County. C. Progress Billing The Consultant shall provide wrillen progress reports that detail the work perfomled on each task. Progress reports shall be delivered to the County concurrently with the monthly invoice. The Project Manager will make judgment on whetller work of sufficient quality and quantity has been accomplished by comparing the reported percentage complete against the actual work accomplished. D. Liaison Office The County will designate a Project Manager who shall be the representative of the County for the Project. While it is expected the Consultant shall seek and receive advice from various State, Regional and local agencies. the final direction on all matters relnains with the Project Manager. T:\Jobs\4iOn65 ~ Collier County Traffic Scrvices\Work Order 0300 Bayshore CRA\.';cope of Services.. Fec Estimate\CB-TPA 06.03 doc 6 Agenda Item No. 16B13 February 14, 2006 Page 11 of 12 Attachment "A" Bayshore! Gateway Triangle Redevelopment Area BAYSHORE / GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA ....-..~'-:Lj i ....... 1..;1"':'-::-'-'L ___ "' L ----~ ::-(I,~ ~. ,!j~. COb ~ -~. j~t--J le.,.....:;'-. --,-- I -- i b~ - .l1j f<Win ~~ V,. '''~~r_~6t~ ' . ~. I ",' ~-:!fl-.;'~ -v ~",.) ....=0- Ii j ~! -~~__. --:--~ :~~f<1;' i i '----_,. ,I "\ / ( '. -\ ~~ ,J i (~<>,L. ( ~ " (} j) '" , ! '.' \ SCI\;..[ "-"-T-~ IC<<r:. :O::iC"T. ~ -"., ~"""'I~ """'.,.X.',""....OAAJm:...,"'" ""....,...,.",,,,,,, ,~'""..."""'''''...n''.m...''.'"'''''';<"'''''',,,:,,.o''''''~. o."',~-= "'.' ''''''","0"" 7 Agenda Item No. 16B13 February 14, 2006 Page 12 of 12 Attachment "B" List of Project Data Needs I. Traffic and Transportation Planning . Existing (year 2004 or newer) morning, midday, and afternoon traffic turning movement counts and 72-hour vehicle approach volume counts at the 1()llowing intersection locations: o Shadowlawn Drive and SR 84 (Davis Boulevard) o Shadowlawn Drive and Linwood A venue o Shadowlawn Drive and Francis Avenue o US 41 and Bayshore Drive o Bayshore Drive and Van Buren A venue o Bayshore Drive and Thomasson Drive . Vehicle operating speeds for roadway segments requiring an evaluation of traffic calming measures. . Design Year 2030 tramc forecasts from the adopted regional travel demand model. II. Roadwav Design . Collier County standard typical sections Ill. Drainage and Stomlwater Management . Flood plain maps . Survey . Topographical maps . Existing as-built plans . Stonnwater Master Plans . Studies (completed or ongoing) IV. Land Use Planning . Planncd developments in the CRA with details regarding the type of land use, existing and future land use designations and zoning, development intensity measured in tenns of densities (floor area ratios), or size (number of residential units, acreage. square footage of gross leasable area) 8 Agenda Item No. 16B14 February 14,2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment recognizing the Fiscal Year 2005-06 Collier Area Transit (Fund 426) Federal Transportation (FTA) 5307 and State Block Grant 5311 Revenue allocations and establish corresponding program expense budgets via budget amendment OBJECTIVE: To recognize the FY 2005-2006 Collier Area Transit (Fund 426) Federal Transportation (FT A) 5307 and State Block Grant 5311 Revenue Allocations and establish corresponding program expense budgets via budget amendment. CONSIDERATIONS: The Board of County Commissioners on September 22, 2005 adopted the Fiscal Year 2005-06 County Budget which included $2,000,000 in operating expenses for Collier Area Transit (Fund 426) and a corresponding revenue subsidy received as a transfer from Gas Tax Fund (313). As noted during budget discussions, the budget for Collier Area Transit was moved from its previous Fund (126) designation due to the enterprise nature of this transit operation. Because this budget was moved to a new fund, staff elected to establish the FY 2005-06 grant budgets only after prior year grant dollars were closed, expensed in the old fund (126) or moved to the new fund (426). FISCAL IMP ACT: The total FY 2005-06 budget for CA T transit operations, including grant funded programs, equals $3,202,700. The grant component, or $1,202,700, includes the fo 1I0wing programs: Total $ 842,700 $ 360,000 $1,202,700 Federal Transit Administration Grant 5307 Funds State Block Grant 5311 Funds GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve all necessary budget amendments to establish the FY 2005-06 Collier Area Transit (Fund 426) Federal Transportation (FTA) 5307 and State Block Grant 53 I I Revenue Allocations, and establish corresponding program expense budgets. Prepared by: Blanca Nieves, Administrative Assistant, Department of Alternative Transportation Modes - Item Number. Item Summary: Meeting Date: Agenda Item No. 16814 Fellfuary 14. 2006 P"ge2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16814 Approve a Buaijlll Amenament recognizing the Fi~cal Year 2005 - 2006 Colliar Area Transrt (Funa 425) Federal TranlilpO"atirm (F1A) 5307 and State Block Grant 5311 Ravenue Illlocalions ana establish eOlT!!sponding progr.am expense budgets v la bUClgel amendment 211'(f20069:00,OOAM ""'" Prepared By BlancaN;.,v.,,, Tr.n$p"rta1I"nSllrvicu Admini"trlltivOtAnisbnt AIt..rnativ" Tran"port..t;oll Model; lIZ7120063,Z3:0SPM Mana!)oml!nt/BudllctAnlllyst "". Apprn.....dBy Barbara LaPiIlrra TrllnspnrtatinnServic"" TrafflcOp.mrli,,"s tl31i20OS10:55AM ,,,. Apprn...ed By Nnnn E. F..cl..r, AICP Tmn"portatJonServices Trllnspnrtatlou OIvision Acllllini"trall>r Tran"p<>Ft:rtinnServif","'Admin. 1!111Z00611:13AN """ Apprn...ed By Sharon N~'Mfl.n Tran..portationSlJ....it.." Accollfl1iogS"fMlrv;sor TranspnrtatinnServi\:e"Admin 1/11120ll611:13AN ""'" Apprn...edBy Dianea.F11I911 TraospnrtalinnSarvicll5 Di...."torATMDlfflctnr Alwm"ti..... Tr.nsport.tion Modu 1/311200Gll:54PM D.. Approved By P<rtLoohnhard Tran.sl'O.tationS<!rvicO!s EHcullv"Sect..tary Tf@'>I'<>rtati',"SllfViur.Admin 1/31!2D(llil:1GPM "".. Appro...edBy OMBCnnldrrnrtnr CountvM"n"~.t';;Of1ll;f1 Adrnrnj,maliv..As;;;sumt orne.. <>1 Mana9'lm..nt & Budll..t 1131IZ0061;4.IIPM D_ Appro...edBy Markisacksnn CnllntyMal'llgar'sOffi"", BudgctAMly<>t Offiuof Manall.mant& SudQ",t 1!311201161:16PM County Man..gOIr Om ApprnvedBy JlImu V. Mudd Bnardo!Counly C<>mmis~r<>n.,rs CountyMlIna.",."',,OOlCe 213J200G1Z:14PM Agenda Item No. 16C1 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve payment of invoices for uniform items in the total amount of $4,967.50. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier County Water-Sewer District, approve payment of invoices in the total amount of $4,967.50 for the purchase of uniform items for Wastewater Collections and Locates personnel. CONSIDERATIONS: Pursuant to its recovery efforts and response following Hurricane Wilma, the Wastewater Department deployed Collections and Locates crews rapidly through out the County on an around the clock basis to restore and maintain service. The crews dispatched for this work included County employees and mutual aid workers from other wastewater utility systems. As part of this effort, uniform items (hats and shirts) were purchased and furnished to the various crew members. The hats included the words "Collier County Wastewater Collections" and special embroidery containing a hurricane emblem reference to Hurricane Wilma. The hats were purchased for three purposes; I) to provide shade from the external elements; 2) to clearly identify to the public each crewmember working for or on behalf of Collier County; and 3) to recognize and acknowledge the stellar efforts put forth by the team members, who in many cases worked an extraordinary number of hours over several days. Similarly, shirts were furnished to the crewmembers to make them more recognizable to the public and as a token of appreciation for their efforts. -- A total of246 hats were purchased, most of which using a County purchasing card. Shortly after the hats were ordered, the Purchasing Department noted that the cardholder had improperly split the order into multiple transactions. Purchasing staff notified the cardholder's supervisor and department director and suspended the card in question. The Wastewater Director took the matter under review and subsequently instituted appropriate actions in the matter. The total cost of the hats purchase is $3,975. Subsequent to issuing an initial payment in the amount of $450, the Clerk's Finance and Accounting Division raised questions concerning the valid public purpose of the transaction. After discussion with the Clerk's Office, staff agreed to bring the purchase to the Board for ratification. 100 shirts were ordered at a total cost of $992.50. The shirts were processed under a purchase order and there are no procedural issues to address other than to have the Board approve the valid public purpose for the purchase. The County Clerk's Finance and Accounting Division has reviewed the information contained in this executive summary. FISCAL IMPACT: Funding is available m the County Water-Sewer Operating Fund (408) and Wastewater Collections cost center. -- GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the Executive Summary. Agenda Item No. 16G1 February 14, 2006 Page 2 of 3 RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the payment of invoices in the total amount of $4,967.50 for the purchase of hats and shirts for Wastewater Collections and Locates personnel. PREPARED BY: Judy Johnson, Administrative Assistant ItllmNumbllr: IlemSummary: Meeting Date: COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS l5C1 Agenda Item No. 16C1 February 14. 2D06 Page3013 Recommendation to approva payment of invoice& for IInifom1 rtems in the total amounl 01 $4,\167,50 2114/2lXlS9:00:00AM ,,,.. P'.epared By Judy JohnM,n PublicUtilibl>S Adm;"j..tr;rtiv..Al;.l:ir.tant WutllWatto. 2l212UUG&:(l(l:4tlPM """ Approved By Stephen L. NallY PllblJcUlllities WuteWllter Collections Mallllllor WaMaWatfl. VU~Gm; 7:23 AM """ Approved By G. GllO'll" Vilmaz P"bUcUtllititos lrrterimWa$"'Wa",.o;""Clor WastllWIlt9. 213120064,27 PM Approved By """ StiIV..c.",ell Adm;nil;trntivoServl""" P'l"'ha"inijlG.menoISvcsPirecto. Purchuing 21G1~GGG!l,14AM 0.. Approved By ThomllsWldM Public Utiliti.... Op.....tion$O,...ctor Publicutiliti....Op..nrt,on$ 2fGI200610:<<AM Port. Approved By J.ITlll:iW,o..L<.IllY PublicUtilili",. PubHc t!tilttie,. Admi"islralor PuhlkUliliti..sAdminisuation 2f11~GlH; ~,53 AM Port. Approved By OMBC"ordinato. C"umjl M..rutIlOr'S Offi<;" Admints-trativ" Assi$tant omCfl 01 ManaO"lTlflol & a...<lgel %I1!200610:27AM """ Approved By RandyG"",,,watcl County Mllnllll"r's ottiu ManaOl!m..nIlS...dgetArutlyst Offi~ <)1 ManaQ_ent & 8l1dg"l 2m~IlGlil0,46AM 0... Approved By Mid..",,1 Smykllwski COllntyManag"r'sOffjc.. Mlln"g..mvnt &. BlIdg.o;t Oi,..ctor Of1ice 01 Manllll<'m..nl & 811dijA 2J112006UI9PM Port. App,."vl!d By Jllme.s v. MlIdd BoaroolClIlInty Commi,.,.iol1",n; County Manayar COllntyM"n"\I"r"sOf!iu 2!712GG65,4SPM Agenda Item No. 16C2 February 14, 2006 Page 1 of 23 Executive Summarv Recommendation to approve Work Order HS-FT-3785-06-04 with Hazen & Sawyer, P.C., for professional engineering services for the South County Regional Water Treatment Plant Reverse Osmosis (RO) Wellfield Four New Reliability Potable Water Wells in the amount of $748,432, Project Number 71051 OBJECTIVE: The public purpose is to provide reliable water supply for the new 12 million gallons per day (MGD) RO expansion at the South County Regional Water Treatment Plant (SCRWTP). These wells are needed to ensure adequate capacity to meet the water demands of our customers in the southern area of the County and to stay in compliance with regulatory requirements. CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 (D), the Board adopted the 2003 Water Master Plan Update, which identified requirements and plans for the County's growing water needs, On September 27, 2005, as Agenda [tern 16C14, the Board approved a Professional Engineering Services Agreement with Hazen & Sawyer, P.c. for professional services per Fixed Annual Term Contract 05-3785. Under the terms of the contract award, work orders exceeding $90,000 require prior Board approval. Hence, the Board is asked to approve this work order prior to execution. The scope of this proposed work order includes professional engineering services to be performed by Hazen & Sawyer, P.c. (H&S) for four (4) additional reliability wells for the SCRWTP RO Wellfield and the necessary access service road to service them. Work tasks include: preliminary and final design, permitting, construction bid services, contract administration, detailed construction observation and additional operational follow up services. After the applicable portions of the design services under this work order are completed, the construction portion will be competitively procured to ensure best value market pricing. The recommendation for the construction portion of this project will be brought to the Board for approval County staff has negotiated the proposed scope and compensation as provided (work order attached). A review of this proposal determined that the fees represent fair and equitable compensation for the services. Staff and members of the Well field Steering Committee are in agreement with the scope of this important project. The Clerk of Courts Finance Department has reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMPACT: Funding is available in and is consistent with the FY 06 capital budget approved by the Board on September 22, 2005. Current appropriations of $748,432 are identified in the Water User Fee Fund (4]2) SCRWTP RO Wellfie[d Reliability Project (71051). The total project costs from Agenda Item No. 16C2 February 14, 2006 Executive Summary Page 2 of 23 Approve Work Order HS-FT-3785-06-04 Page 2 inception through completion are estimated to be $5,900,000, dependent on market conditions that may influence bid prices. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure adequacy and availability of viable public facilities. The proposed work order is consistent with the 2003 Water Master Plan Final Update as adopted by the Board on May 25, 2004, as Agenda Item 100, and the FY06 Water Capital Budget approved by the Board on September 22, 2005. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, 1. Approve Work Order HS-FT-3785-06-04 with Hazen & Sawyer P.C., for professional services related to the SCRWTP RO Wellfield Four New Reliability Potable Water Wells (Project 71051) in the amount of $748,432. 2. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's Office. PREPARED BY: Karen Guliani, r.E., Principal Project Manager, Public Utilities Engineering Department. ,- IlemNumber: IlemSummary: Meeting Date: AgendattemNo ,6C2 F€bruary 14. 2D06 P8Qe30123 COLLIER COUNTY SOARD OF COUNTY COMMISSIONER$ 11SC2 Re~ornmendl!lti<m tt) apprt)~e Work Order HS.FT-3785.06-04 with Hillen & Sawyer. PC . for IlrotcuionalllnginllllringservicllsfortheSouthCounlyRelllonillV'lilIcrTroatmenlPiant Re'fflfSe OsmosIs (RO) Weflfillld f'our New R.;llabllily Potabl", Water Wells in Ihe smoum of $748.432 Project Number 71051 2}14i2006S,OO,OOA.M Sen",.Projec[Mam.l\ler D.. Prepa....dDy Karen B. GUhani,P.E PublicUlilrties P"bl"'UlililiesE"lIin....rin9 1:12120Q64:)1l,5\1PM ApprllvedBy Purr"a~ing AgL'llt D," LV"Wooll AUl'llinistro:livllSolVic..s Purrhas;ng 1118120064:25 PM Approved By Pamela Libby WlIlerO!>lIrationsMana{jllf 00' PubhcUtililie$ Willer 1!23i2olll69:OSIl.M ApprovdBy RI>Y B. Anderson,P.E. Publi<;Uti1ilie"Enll;n..."in!lDi~r.tor "" Public Utilili..s PublicutiHU." Engjnetlril1\1 1n4l20CH>1Z:26PM P;olllMaltll\l~dl Wat..rOi",ctor Oa'.. Approved By PlIbli<;Utilities Wat..r 1!25IZ(!061,14PM AllprovedBy Slew Camell Adl'llinislr"'i"..Sr>rvic"" P"reh"...ing/Gen..rall:lvr~ Director "" PU,ci",..ing 1i1SJ200G1:35PM Approved By Op..ra1il>n~ Dim,"or [Moo Tl'lcn",sWid.." f'uhUcutiljtiill; P"bliG Utiliti"" Opllmtion$ tl2T120D61:30PM Approved By PutlicUt,liti.."J:\.dmini5trawr O"t.. Jame$W.O<l..n"v PllblkUbllti..s P"bli"Utiliti....Adm;ni"tr.tion 21112110{i):4.dPM OMBCoordi"lrtnr Admi"istmtiv..As5ista"t 00, Approved By Cnurrty Man"lI....s OW".. OW"" of Manaq"m'mt &. e"';lII'" 21S/200S0:44AM ApprllvedBy SuunU,her COllntyManager'..Olf,re S"niorM"nllll"lnentl8udget/l.nelj51 Dill" Ofl'iceofManalloment&8ltdgol 2i~110(j61:29 PM o.,putI'Cl>I,I"tvManaller "" Approved By Lf>cE.Od1s,Jr Bo~rtl 01 C"..ntV Commissio"ers C{)"ntyManagf!.'~Offj"e ~J7!2(1(164:06 PM Aoenda Item No. 16C2 " February 14, 2006 Page 4 of 23 Project: Professional EnginlHlring Services for SCRWTP 4 Reliability Wells Project No 71051 FY06 .. FY07 FY08 2006 I 2007 --.J EVENT Cost :tr1_~ Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Preliminary Design $69,820 Final Design $235,180 - -- - Permitting $76,112 ---- Bidding Services $9,828 -- Construction & well drilling $5,151.568 Construction Administration, Observation, & Additional $357,492 services Project Total $5,900,000 Action Required: Recommendation to approve Work Order HS~FT.3785.{)6.04with Hazen & Sawyer, P.C, for professional engineering services for the SCRWTP RO Wellfleld 4 Reliability Wells in the amount of $748,432, Project Number710S1. Agenda Item No. 16C2 February 14, 2006 Page 5 of 23 ATTACHMENT A Collier County County Work Order HS-FT -3785-06-04 Collier County Project No.: 71051 Four Reliability Wells for the South County Regional Water Treatment Plant (SCRWTP) Date: January 6, 2006 PREAMBLE The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for design through construction of four new water suppiy wells to supply raw water to the new 12 million gallons per day (MGD) reverse osmosis (RO) expansion at the South County Regional Water Treatment Plant (SCRWTP). Currently, the SCRWTP RO treatment consist of 8-MGD of RO treatment capacity which is fed by the South County RO wellfield. An expansion of the RO weil field is now necessary to supply additional raw water for the 12-MGD RO expansion which is underway. This project is part of the master plan and commences the first phase of the expanded South County RO wellfield. This work order provides engineering services for the design, permitting, construction administration, detailed observation, startup and testing, and training support for the addition of four (4) new water supply wells and associated pumping systems to convey raw water to the SCRWTP. The work authorization is broken down into tasks as follows: Task 1 - Preliminary Design Task 2 - Final Design Task 3 - Permitting Task 4 - Construction Bid Services Task 5 - Construction Contract Administration Task 6 - Detailed Observation Task 7 - Additional Services Due to the nature of well construction and construction of the facilities to equip new wells with pumping systems the work will be designed and constructed as two bidding packages. The bid packages shall be as follows: Bid Packaoe A - New South Countv RO Water Supplv Wells: This bid package shall include the construction of access service road and four new wells. The contract documents shall also include drilling and performance testing of the four new wells. Bid Packaoe B - Pumpino and Transmission Facilities for New South Countv RO Water Supplv Wells: This bid package shall include the construction of pumping, piping, electrical, controls, structures, startup and testing for four new wells. This bid package shall include the following: WO H&S South WF Wells. doc 1/12/2006 Page 1 of 16 Agenda Item No. 16C2 February 14, 2006 Page 6 of 23 . New transmission system piping to connect the new wells to the existing transmission system; Pumping systems; Primary power supply system, and instrumentation and control system; Security fencing around each well; The COUNTY recognizes that it may be desirable to revise the proposed pump and motor selection after completion of the well performance testing conducted during construction of Bid Package A. . . . . Based on preliminary discussion with the COUNTY the following criteria shall be considered during design: 1. The project shall include the design, construction, equipping, and connection of four new wells to the existing transmission system located at existing Well Site No. 11 (See Sheet WT-1 of 8-MGO R.O. Expansion Project by Metcalf & Eddy). The two future well sites are located immediately east of Well Site No. 11. It is assumed that each of the two future well sites will accommodate two new wells; 2. Most of the existing wells in the SCRWTP RO Wellfield terminate in the Mid-Hawthorn Formation, with some terminated in the Lower Hawthorn. The four new wells will consist of two wells terminated in the mid-Hawthorn Formation (known as Hawthorn Zone 1 wells). The other two wells will be terminated into the Lower Hawthorn. Wells are anticipated to produce approximately 0.5 to 1.0 MGO; 3. The detailed design of the new well construction shall require the contractor to perform aquifer performance testing of the production horizon during construction; 4. The Water Use Permit for the new wells is being prepared by others as part of the unified master permit, it is anticipated that the unified master permit will be completed by July 2006; 5. New wells shall be located at existing well sites and no new well siting is anticipated. It is further assumed that permanent and construction easements exist, as well as an easement for the transmission main. It is further assumed that no wetlands exist within easements; 6. Pump type and materials of pump column, well casing and transmission piping shall match materials of the existing wellfield unless otherwise approved by the COUNTY; 7. Hydraulic analysis will be include sizing of the pumps based on hydraulic and surge information provided by others. It is assumed that a complete hydraulic analysis and surge analysis has been previously conducted by others and is not included in this authorization; 8. In accordance with Sheet WT-1 from the 8 MGO RO Expansion Project, the raw water main will be a 16-inch diameter HOPE main (approximately 1,340 linear feet) from the closest future well site to Well Site No. 11, and a 12-inch diameter HDPE main (approximately 2,000 linear feet) between the two new well sites; 9. Primary power quality issues related to voltage surges, phase imbalance and intermittent outages have been identified by the COUNTY and need to be accounted for in the detailed design; 10. Coordination with FPL will be required to size the power supply for new wells; 11. Compliance with COUNTY noise ordinance is a key County goal. The design shall provide for extra sound attenuation measures if warranted; 12. The raw water transmission hydraulic analysis and surge analysis should include a scenario WO H&S South WF Wetls, doc 1/12/2006 Page 2 of 16 Agenda Item No. 16C2 February 14, 2006 Page 7 of 23 where the new wells are operating simultaneously. SCOPE OF SERVICES TASK 1 - PRELIMINARY DESIGN 1.1 - Well Site Procurement Memorandum Prepare a memorandum discussing procurement approach and schedule for design through construction of the wells. The procurement approach selected by the COUNTY shall be incorporated into the preliminary design report and implemented during final design. 1.2 - Preliminary Well Site Selection and Pipeline and Power Route Analysis Meet with COUNTY staff to confirm the location of the new wells at the existing well sites. It is assumed that no additional easements will be required. It is also assumed that no environmental features exist within the proposed project area. If environmental features such as wetlands exist, additional scope and fee will be required to address such issues. The COUNTY may need to obtain temporary easements for construction of the wells. Specific requirements will be discussed with COUNTY once the exact well locations have been determined. Identify pipeline routes from the new wells to a connection with the existing raw water transmission system. This task also includes identification of the likely route for Florida Power and Light (FPL) to provide primary power to the new wells. Coordinate with FPL to identify likely power routes and preliminary easement requirements. The analysis of potential pipeline and power routes shall be completed in conjunction with raw water transmission system modeling prepared under Task 1.3. 1.3 - Preliminary Hydraulic Analyses A hydraulic analysis shall be conducted for transmission sizing and pump selection. The model will be used in conjunction with other work elements to evaluate the sizing and selection of raw water transmission system piping and pumping systems. The computer model shall utilize WaterCAD hydraulic modeling software. It is assumed that the COUNTY will provide a complete electronic and hard copy of the hydraulic and surge modeling conducted to date for the first phase of the South County RO Wellfield. Design of improvements to correct deficiencies in the surge system is not included in this work order. This work order may be amended at the request of the COUNTY to provide additional engineering services for the design of improvements to the wellfield surge suppression system. The COUNTY recognizes that the final determination of pumping-unit sizing criteria (i.e., Total Dynamic Head and motor size) cannot be known until the new wells are constructed and the well hydraulic performance testing results are available. As a result, this preliminary assessment will assume the following: . Maximum well hydraulic capacity is assumed to be 700 gallons per minute; WO H&S South Wf Wells. doc 1/12/2006 Page 3 of16 Agenda Item No. 16C2 February 14, 2006 Page 8 of 23 . Design pumping rate for the new well pumps is assumed to be between 350 to 700 gallons per minute; . Reasonable values for the static water level and drawdown level in the new wells shall be assumed based on discussions with COUNTY staff; . The backpressure at the connection between the new and the existing raw water transmission piping shall be assumed based on discussions with COUNTY. If required, perform pressure-recording on the existing raw water transmission main to assess the potential backpressure at the connection between the new and the existing raw water transmission piping. The findings of the preliminary hydraulic analyses shall be incorporated into the preliminary design memorandum. 1.4 - Electrical Requirements Evaluate proposed wellfield configuration for electrical power distribution system requirements and make recommendations for system configuration. Contact FPL for preliminary discussion of available options for electrical service. The COUNTY is aware of primary power quality issues. Issues include phase imbalance, voltage irregularity, and intermittent outages. In conjunction with the meetings scheduled with FPL under Task 1.2, review these issues with the COUNTY and FPL and make recommendations regarding electrical device protection equipment that should be included in detailed design. Evaluate proposed wellfield configuration for emergency power distribution system requirements, and make recommendations for system configuration. 1.5 - Preliminary Opinion of Probable Construction Cost The purpose of this task is to prepare a preliminary opinion of the construction cost for the recommended well and raw water transmission pipeline configuration. The preliminary construction cost estimate shall include the well drilling, raw water pumps, raw water pipeline, electrical provisions including generator(s), and remote monitoring and control system. 1.6 - Preliminary Project Delivery Schedule The purpose of this task is to prepare a preliminary project delivery schedule that includes design, permitting, bidding, and construction. The schedule shall be prepared for the overall project; however, the activities will be divided between bid packages A and B. The schedule shall be prepared using Microsoft Project 2000. 1.7 - Preliminary Design Technical Memorandum Prepare a draft preliminary design technical memorandum that incorporates the findings developed during Task 1. Eight (8) copies of the draft preliminary design technical memorandum shall be submitted to the COUNTY. Attend one meeting with the COUNTY to collect input on the draft memorandum. This meeting will be scheduled within two week of submittal of the draft memorandum. Comments received during WO H&S South WF Wells. doc 1/1212006 Page 4 of 16 Agenda Item No, 16C2 February 14, 2006 Page g of 23 review of the draft preliminary design technical memorandum review meeting shall be incorporated and a final version of the memorandum shall be prepared. Eight (8) copies of the final preliminary design technical memorandum shall be submitted to the COUNTY. TASK 2 - FINAL DESIGN 2.1 - Engineering Design Survey CONSUL TANT shall employ the services of a Certified Land Surveyor in the State of Florida to perform an Engineering Design Survey. The Engineering Design Survey shall include the following: . In the survey area locate all existing aboveground pipes, valve boxes, water/electricai meter boxes, electrical pull boxes, telephone/cable risers, fences, hydrants, aboveground utilities, wood/concrete utility poies, overhead electrical lines, culverts, guardrails, pavement limits, headwalls, end-walls, manholes, vaults, mailboxes, driveways, side streets, right-of-ways limits, landscaping, traffic signage, other signage and any other improvements; . Provide boundary survey information that identifies all utility, drainage, electric power, and canal easements and rights-of-way; and provide information on existing zoning and setbacks for each zoning code within and adjacent to the survey area; . Within the survey area survey the locations of vegetation and individual trees (native and exotic). Trees greater than four (4) inches in diameter shall be located and identified as to caliper and type; . Produce a complete engineering design base map (geometric control plan) including all right-of-ways, easements and plats. The surveyor shall attempt to locate front property corners throughout the project. Data shall be compiled from recorded plats and field located property corners. Establish horizontal and vertical survey base line at 100-foot stations, nails set at 50-foot stations, cross sections at 25-foot stations and benchmark set at every 30Q-feet station. The Geometric Control Plan shall be related to the Florida State Plan Coordinates and shall be based on NAD 1983/90. . Prepare sketches and legal description(s) of the properties where the three new wells will be located. The COUNTY Real Property agent will acquire the easements needed forthe three new well locations. . Provide a general description, including aerial photo, showing the location of the proposed raw water transmission pipeline and new FPL power supply. The COUNTY Real Property agent will provide all services (including legal description survey) to acquire the easements needed for the proposed raw water transmission pipeline and new FPL power supply. 2.2 - Geotechnical Investigation CONSUL TANT shall employ the services of a geotechnical specialty firm, to perform the following work: . Perform soil borings, in accordance with the Standard Penetration Tests (ASTM D-1586) procedure. One boring shall be performed approximately every 500 feet along the pipe route. An average depth of 15 feet per boring has been assumed. WO H&S South WF Wells. doc 1/12/2006 Page 50f16 Agenda Item No. 16C2 February 14, 2006 Page 10 of 23 . Prepare a Geotechnical Report to provide recommendations on the foundation design for new structure (i.e., the generator enclosure and the pump control and electrical enclosure) associated with the new central well house. Recommendations shall include recommended sub-surface preparation procedures, inspection requirements and testing requirements. Geotechnical Report shall include recommendations on pipeline trenching, backfill and compaction. 2.3 - Prepare 60% Contract Documents Prepare the preliminary design (i.e., 60% design stage) contract documents (i.e., drawings and technical specifications). Prepare contract documents for bidding as one package. Prepare cost estimates to provide COUNTY with an up to date progress estimate of projected probable construction costs. Estimates will be prepared and forwarded to COUNTY at the 60% design completion stage. Schedule review meetings/workshops to receive input at the 60% design completion stage. Based on comments received make subsequent revisions to the documents. This does not include out of scope changes outside of the recommendations identified in the final preliminary design memorandum. Furnish eight (8) sets of the 60% contract documents and 60% opinion of probable construction cost for each bid package. 2.4 - Prepare Final Contract Documents Based on input received at review meeting, prepare the final (100%) contract documents (i.e., drawings and specification) and cost estimate. Conduct a 100% completion stage project peer review to provide QA/QC of the final contract documents and cost estimate prior to submittal. The review shall include final interdisciplinary checks, general coordination and constructability issues, and shall be conducted by senior level personnel. Furnish eight (8) sets of the final (100%) contract documents and opinion of probable construction cost for the bid package. Approximately two (2) weeks after delivery of the final (100%) contract documents schedule a final review meeting so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. This does not include out of scope changes outside of the recommendations identified in the final preliminary design memorandum. Furnish eight (8) sets of the final contract documents bid package, revised per items addressed under final review meeting. TASK 3 - PERMITTING 3.1 - Construction Permitting Coordinate and attend up to four (4) meetings with the following regulatory agencies to discuss the requirements for acquiring pre-bid construction permits for this project. WO H&S South WF Wells. doc 1/12/2006 Page 6 of 16 Agenda Item No. 16C2 February 14, 2006 Page 11 of 23 . Collier County Development and Environmental Services Division . Florida Department of Environment Protection (FDEP) . Collier County Health Department . Collier County Building Department Water Well permitting section Coordinate contact with these agencies through the COUNTY Project Manager. Prepare permit applications required for the construction of the new facilities. It is assumed that a Right-of-Way permit is not required as facilities were previously located on County property. Completion of the following permit applications is assumed: . Primary and backup power is provided from the SCRWTP RO facility; . One FDEP permit application for construction of the pumping and transmission facilities required by 62-555 "Permitting, Construction, Operation and Maintenance of Public Water Systems"; . A modification to the SCRWTP Site Development Plan permit will be prepared and submitted to the Collier County Development and Environmental Services Division; . The South Florida Water Management District Water Use Permit is being prepared by others under a unified permit that will incorporate all of the County's wellfields; Prepare up to three (3) written responses to the regulatory agencies request for additional information (RAI) regarding each permit application referenced above. It is assumed that the Bid Package A and B contractors shall be responsible for the following: . Obtaining the water well construction permit required by the South Florida Water Management District (SFWMD). . Be solely responsible for obtaining bacteriologic clearance in accordance with FAC 62-555. . Preparation, and submittal of Building Department Construction Permits; the contractors shall be responsible for obtaining all building department permits. It is assumed that the contractor will assist the COUNTY in collection of water samples and the COUNTY performs all iaboratory analyses for bacteriological clearances. It is also assumed that the COUNTY shall perform the first laboratory analysis for bacteriological clearances free of charge. If retesting is required due to a positive bacteriological result then the contractor shall pay for all retesting. 3.2 - Water Use Permitting Assistance The Water Use Permit (WUP) for the expanded South County RO Wellfield is being prepared by others. Information obtained during the drilling and construction of the new wells will be forwarded to the appropriate parties for incorporation into the WUP. 3.3 - Conditional Use Applications Prepare and submit the "Application for Public Hearing for: Conditional Use" form for the new wells and associated pumping and transmission facilities. Preparation of the "Application for Public Hearing for: Conditional Use" form includes preparation of all necessary additional documents including legal descriptions, narrative statement describing the request for conditional use, pre- WO H&S South WF Wet/s.doc 1/12/2006 Page 70f16 Agenda Item No. 16C2 February 14, 2006 Page 12 of 23 application meeting notes, 24" x 36" conceptual site plan, Environmental Impact Statement (EIS) as required by Section 3.8 of the Land Development Code (LDC), etc. This work order does not include assistance with re-zoning of the properties proposed for construction of the new water supply facilities. It is assumed that an ERP is not requi red. 3.4 - New Production Well Completion Report The purpose of this task is to prepare a report that summarizes the data collected during well construction. Additionally, the report shall analyze the data collected during well performance testing to evaluate the specific capacity for each well. This data will be used during the selection of pumps during detailed design of Bid Package B. Four (4) copies of the Draft Well Construction Report will be submitted to the COUNTY. A meeting shall be scheduled within two week of submittal of the draft report to the COUNTY. The purpose of the meeting is to collect COUNTY input on the Draft Well Construction Report. Issue meeting minutes summarizing the meeting. Comments received from COUNTY during review of the Draft Well Construction Report Review Meeting shall be incorporated and a final version of the report shall be prepared. Ten (10) copies Final Well Construction Report will be submitted to the COUNTY. 3.5 - Building Department Permit Assistance Supply the contractor with eight (8) signed and sealed bid-set contract documents for the contractor to appiy and acquire a Collier County Buiiding Department permits. The contractor shall be responsible for obtaining the building department permit. Assist the contractor obtain a construction permit from the Collier County Building Department. Assistance shall inciude correspondence with the Bid Package A and B contractors and Collier County Buiiding Department, coordination and attendance at meetings with the Collier County Building Department to address comments regarding the design intent, revisions of drawings and specifications to meet the requirements of the Collier County Building Department. TASK 4 - CONSTRUCTION BID SERVICES Services to be provided during the bidding and award phase are as follow: 1. Attend pre-bid meeting for each bid package with prospective bidders; 2. Assist with preparation of and issue addenda as appropriate to interpret or clarify contract documents; 3. Provide COUNTY with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the contract documents; 4. Provide COUNTY with a recommendation to make a contract award, as necessary; 5. Prepare twenty (20) conforms sets of contract documents. WO H&S South WF Wells. doc 1/12/2006 Page 80f16 Agenda Item No. 16C2 February 14, 2006 Page 13 of 23 TASK 5 - CONSTRUCTION CONTRACT ADMINISTRATION 5.1 - General Management Provide services for the management of engineering services during the construction period. Such management activities shall include project coordination with the COUNTY, contractor and resident project representative. Attend twenty (20) coordination meetings with contractor and County during course of project. General management shall also include scheduling specialty inspections, and general correspondence with COUNTY, construction contractor and subcontractors. Maintain orderly files for correspondence reports of job conferences, shop drawings and sample submission, reproductions of original Contract Documents including all change orders, field orders, additional drawings issued subsequent to the execution of the contract, clarifications and interpretations of the Contract Documents, progress reports, and other project related documents. Receive and log all correspondence, change orders, shop drawings, and submittals received from the contractor using the network based Expedition software system. 5.2 - Contract Interpretations and Clarifications Prepare and issue necessary technical Interpretations and clarifications of the Contract Documents in a timely manner. Make recommendations on requests of the contractor and the COUNTY as to the acceptability of construction or the interpretation of the technical requirements of the Contract Documents. 5.3 - Change Orders Review the technical appropriateness, project cost and/or schedule impacts because of changes submitted by the contractor, requested by the COUNTY or recommended by the CONSUL TANT. Changes may be the result of unforeseen conditions or interferences identified by the contractor during the routine progress of work, Inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the COUNTY after the project bid date. Comment on the technical aspects and impact of the change request in terms of project cost and schedule. Prepare change orders and negotiate all changes In contract time and cost with the contractor. Prepare an analysis of the change request Indicating reasons for acceptance, references to applicable sections of the contract documents that validate or disclaim the change request, and if accepted, a statement noting that the requested cost / schedule impacts are fair and reasonable. Prepare, recommend and submit for COUNTY's approval such change orders. Services do not include claims analysis or litigation support. 5.4 - Work Change Directives Due to the fast track nature of this project, the COUNTY authorizes CONSULTANTto issue work change directives. A work change directive shall be a written directive to the contractor issued after contract execution, signed by the COUNTY and recommended by the CONSUL TANT ordering an addition, deletion or revision in the work. A work change directive shall not change the Contract price or time, but is evident that the parties expect that the change directed or documented by a work change directive will be incorporated into a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. WOH&S South WF Wetls.doc 1/12/2006 Page 9 of16 Agenda Item No. 16C2 February 14, 2006 Page 14 of 23 Issue work change directives only when necessary to avoid potential project delivery delays associated with the time needed to negotiate and process change orders. 5.5 - Shop Drawings Review shop drawings and any other submittals (except detailed construction progress schedules) that the contractor is required to submit by the Contract Documents. Reviews shall be completed within twenty-one (21) calendar days of CONSUL TANT's receipt of the submittal except for special items requiring longer review time if so noted in the Contract Documents. The review shall be for conformance with the design intent and compliance with the information presented in the Contract Documents. Determine the acceptability of materials and equipment proposed by the contractor. Shop drawings shall be returned to the contractor with CONSULTANTs written comments and recommendations concerning their completeness under the Contract Document. Retain one copy of each shop drawing for delivery to the COUNTY at the end of the project. 5.6 - Pay Requests Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. CONSULTANTs recommendation of any payment requested in an application for payment shall constitute a representation by CONSUL TANT to the COUNTY as an experienced and qualified professional, that based on CONSULTANT's Resident Project Representative on-site observations of construction in progress; that, to the best of CONSULTANTs knowledge and belief, that construction has progressed to the point indicated and that the quality of construction is in substantial accordance with the Contract Documents. Process pay requests in accordance with the Florida Prompt Payment Act. All incoming invoices processed by CONSULTANTshall be mechanically stamped with the date received. 5.7 - Construction Schedule Submittal Review The contractor shall be required to submit detailed construction progress schedules on a monthly basis. Review the contractor's progress schedule for acceptance. Acceptance shall demonstrate that the schedule is acceptable with respect to the Contract Documents. TASK 6 - DETAILED OBSERVATION 6.1 - Resident Project Representative Furnish Resident Project Representative (RPR) to observe performance of the work for Bid Package A and one RPR for Bid Package B. The RPR duties and responsibilities for Bid Packages A and B are as follows: . Construction Observation - Conduct on-site observations of construction in progress to assist in determining if construction is proceeding in substantial accordance with the Contract Documents, and that completed construction conforms to the Contract Documents. Inform CONSUL TANT and the Contractor whenever RPR believes that any construction is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does WO H&S South WF Wetls.doc 1/12/2006 Page 100(16 Agenda Item No. 16C2 February 14, 2006 Page 15 of 23 not meet the requirements of any inspections, tests or approvai required to be made, or has been damaged before final payment. . Photoqraphic Record - Provide a photographic record of the construction, beginning with pre-construction documentation and compieting with post-construction photographs. Photographs shall be digital type taken to define the progress of the project and unusual or important construction events as deemed necessary. . General Coordination - Coordinate submittal of O&M manuals, operation and maintenance training plans and schedules, startup and testing plans and scheduled, and assist the COUNTY to establish a schedule and venue for training sessions. Oversee substantial and final compietion inspections, coordinate delivery of spare parts and warranties, and maintain the punch list. Upon RPR issuance of a punch list for a substantially complete work element, the RPR shall follow up to assure that punch list items are corrected and/or completed. . Coordinate Laboratorv Testinq - Coordinate with COUNTY's testing laboratory to schedule water sample collection and laboratory tests as requested by the contractor and required by the Contract Documents. . Observe Requlatory Aqency Inspections - Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections in the daily reports which shall be recorded on CONSUL TANTs standard forms. . Daily Loq - Keep a daily diary and / or log book recording hours on the job site, weather conditions, data pertaining to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in observing test procedures. Forward the RPR's completed daily logs to the COUNTY on a reguiar basis. . Construction Proqress Meetinqs - Chair periodic progress meetings with the construction contractor and the COUNTY to review project status and identify issues that may affect the project schedule. Such issues may include suggested changes and/or methods to keep the project on schedule (except for the construction contractor's means, methods, techniques, sequences or procedures of construction). Prepare and issue written meeting minutes to the COUNTY and the Contractor. Additional representatives of CONSUL TANT (i.e., technical experts, project manager, etc.) shall accompany the RPR as necessary during the construction period as specific needs arise. For Bid Package A, the RPR's duties and responsibilities shall also include the following: . Well Performance Testinq - RPR shall coordinate with the well drilling contractor to observe and record hydraulic information during the performance testing of the new wells. The performance testing requirements will be outlined for the well drilling contractor in the Contract Documents. Information to be recorded for use in design of pumping equipment includes: ./ Pumping rate ./ Water levels every two minutes during the pumping period ./ Static water level prior to pumping ./ Drawdown WO H&S South WF Welfs.doc 1/12/2006 Page 11 of16 Agenda Item No. 16C2 February 14, 2006 Page 16 of 23 . Geoloaical Loa - Collection and analysis of drill cutting and preparation of a log of drill cutting lithology. 6.2 - Specialty Inspections For Bid Package A, furnish the periodic services of engineering staff experience in water supply well construction to supplement the RPR during the construction period as appropriate to perform specialized inspections associated with work and compliance reporfing in accordance with regulating agency construction permit sworn statement requirements. For Bid Package B, furnish the periodic services of the design engineers (i.e., Instrumentation, Electrical, Structural, Mechanical, Plumbing/HVAC, etc.) to supplement the RPR inspections to ensure compliance with the Contract Documents. Specialty inspection labor shall include attendance at field meetings requested by the COUNTY. 6.3 - Substantial Completion Inspections Conduct substantial completion inspections when requested by the contractor and the RPR recommends that the work is sufficiently complete to warrant a substantial completion inspection. The following substantial completion inspections are contemplated: . One (1) substantial completion inspections shall be provided for Bid Package A . Two (2) substantial completion inspections shall be provided for Bid Package B During the substantial completion inspection the inspection staff shall prepare initial punch list items requiring completion or correction to the satisfaction of COUNTY. The RPR shall be responsible for maintaining the punch-list and issuing updates to the punch-list on a periodic basis. 6.4 - Project Closeout Services Upon the request of the contractor and concurrence of the RPR and the COUNTY, conduct final inspections of portions of the project as they are finished to determine if construction has been completed in substantial accordance with the contract documents and the construction contractor has fulfilled its obligations there under. The following project closeout inspections are contemplated: . One (1) project closeout inspections shall be provided for Bid Package A . Two (2) project closeout inspections shall be provided for Bid Package B Based on the results of the final inspection, judge the work complete or not complete. If the work is judged complete, issue a "notice of final acceptance and recommendation for final payment". TASK 7 - ADDITIONAL SERVICES 7.1 - Control System Implementation Management Services WO H&S South WF Wells. doc 1/1212006 Page 12 of 16 Agenda Item No. 16C2 February 14, 2006 Page 17 of 23 Services included in this task pertain to the system integration of the production well control system. For Bid Package B, provide system implementation management services including, technical review of control system operator work station software installation, database configuration, alarm and data reporting development, and related technical services associated with the control and information systems being provided. Review and coordinate data communications, operator workstation HMI graphic displays, and alarms in conjunction with piant operations staff to ensure the completed system specifically addresses the needs of COUNTY. 7.2 - Startup, Testing and Operator Training For Bid Package B, in association with the contractor shall participate in control system field tests, witnessed loop checks, and control system startup (in accordance with the approved construction schedule) and the specified final acceptance testing program to ensure proper interaction between the HMI software graphic displays, databases, driver tables, PLC network data tables and control logic developed by the instrumentation and control system supplier. Equipment and software training shall be provided by the contractor and coordinated by the RPR. The Contractor shall provide instructional meetings with the facilities operational staff to cover both the basic concept of operation of the new wells under normal and anticipated abnormal operating conditions including response to failure occurrences and system alarms. It is anticipated that the training will be completed in general conformance with the following training sequence: 1. Deliver written O&M manual section(s) updates to CONSUL TANTfor review. 2. Contractor submittal of training and testing plan and schedule to CONSULTANT. 3. Upon CONSULTANT approval of training and testing plan and schedule Contractor will complete system startup and testing. CONSULTANT shall witness testing and control system startup. 4. Contractor performs control system operator classroom training sessions. 7.3 - Operation and Maintenance Manual Update Assistance Update the existing Operation and Maintenance (O&M) Manual for the new improvements. The manual update shall include a description of how the process is designed to operate, control system interface points and general operational procedures. The manual shall also consolidate maintenance information and design parameters for the various equipment items. Two copies of the draft O&M manual shall be submitted to in ring binders for review and comment. Two final copies of Operation and Maintenance Manuals in ring binders, together with three copies in electronic format on CD-ROM, shall be prepared specifically for this project. Operation and Maintenance manuals shall focus upon providing personnel with a clear description of the process, operating theory, normal and potential abnormal operating conditions and corrective procedures to maintain the process within compliance levels, as well as the following routine policies and procedures: 1. Process sampling and frequency 2. Emergency response 3. Equipment checks WO H&S South WF Wells. doc 1/12/2006 Page 130116 Agenda Item No. 16C2 February 14, 2006 Page 18 of23 4. Lubrication schedules 5. Vendor / Supplier contact information Operation and maintenance manual shall include a schematic illustrating all wells at the wellfield. Operation and maintenance manual shall include a well operating and sequencing protocol for startup of treatment plant membrane skids. Detailed equipment operation and maintenance manuals of ali Contractor furnished equipment will be furnished to COUNTY by the Contractor in accordance with the construction contract documents. All printed copies of the manuals furnished by CONSUL TANT shall be assembled and bound in separate volumes. Electronic copies shall be submitted in Microsoft Word WPD, AutoCAD DWG, or Adobe PDF file formats, as appropriate. COUNTY has standardized on the AIIMax Task Manager (ATM) computerized maintenance management system (CMMS) for the scheduling of preventive and corrective maintenance tasks. COUNTY will provide CONSULTANT with an electronic copy (in Microsoft Excel format) of the maintenance database table. CONSUL TANTshall popuiate this tempiate table with maintenance scheduie and maintenance procedure data suppiied in the detailed equipment operation and maintenance manuals of all equipment furnished under this project. CONSULTANTshal1 provide the COUNTY with the electronic copy of the populated maintenance data table. COUNTY will update the AIIMax Task Manager software with the populated maintenance data table. 7.4 - Reimbursable Expenses Expenses of reproductions, postage and handling of Drawings and Specifications, etc., in accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Florida. 7.5 - Additional Services (as authorized) Provide additional services, at costs agreed upon by the COUNTY and CONSUL TANT and as authorized by the COUNTY, which may arise during the course of the work, that are consistent with the intent of the original work order; but, were not envisioned as part of the original or amended scope of work and. CONSUL TANT shali submit a proposal to perform Additionai Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previousiy envisioned as part of the scope of work. The proposed Additional Services must be approved by the COUNTY's Project Manager in writing in advance of performance of said Additional Services. Failure to notify the COUNTY in writing of Additionai Services shall be deemed a waiver of any claim by the CONSULTANT that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. ASSUMPTIONS The following assumptions were made in preparation of the above scope: WO H&S South WF Wells. doc 1/12/2006 Page 140(16 Agenda Item No. 16C2 February 14, 2006 Page 19 of 23 1. Contractor(s) shall be responsible for providing marked up copy of engineering drawings to show as-built conditions. 2. COUNTY will pay for all water quality sampling and analyses required by the contract documents and/or permits. The COUNTY will be responsible for procurement of laboratory testing services. 3. Engineering fees for construction phase services are based upon 8-hour workdays, Monday through Friday, excludes work on weekends and COUNTY holidays. 4. It is assumed that the Florida Power and Light shall be responsible for obtaining construction permits for the construction of their facilities. 5. COUNTY will assist in coordinating site access for construction of the new production wells. 6. The COUNTY will provide to-scale hard copies of all available documents (i.e., design drawings, record drawings, shop drawing laying schedules, Atlas maps, and other improvements records) that show the location of all existing wells and raw water transmission system piping. CONSULTANT shall review these documents to develop a map based schematic model, in electronic format, of raw water system that serves the North County Regional Water Treatment Plant. COMPENSATION The compensation for engineering services provided under this work order shall be on a lump sum basis (except Task 4 is Time and Materials) for a total amount of $748,432.00. A cost breakdown by task for engineering services described in this work order follows: DESCRIPTION FEE Task 1 - Preliminary Design $69,820 Task 2 - Final Design $235,180 Task 3 - Permitting $76,112 Task 4 - Construction Bid Services (Time & Materials) $9,828 Task 5 - Construction Contract Administration $125,040 Task 6 - Detailed Observation $196,120 Task 7 - Additional Services $36,332 Total - Labor and Expenses (Not-to-Exceed) $748,432 Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTY for reimbursement by the contractor in accordance with the construction contract documents. NOTE: It is noted that this scope of services assumes services are based upon 8-hour workdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSUL TANT's fee will be made which may include overtime rates. Should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by amendment to this Work Order. WO H&S South WF Wells. doc 1/12/2006 Page 15 of 16 SCHEDULE Agenda Item No. 16C2 February 14, 2006 Page 20 of 23 The duration of major work tasks are summarized below: Completion Time from Notice-to- DESCRIPTION ProceedA Task 1 - Preliminary Design 3 months" Task 2 - Final Design 7 months" Task 3 - Permitting 9 months" Task 4 - Construction Bid Services 9 months" Task 5 - Construction Contract Administration 20 months" Task 6 - Detailed Observation 18 months" Task 7 - Additional Services 20 months" Total Project 20 monthsC Notes: A - Will vary depending on County procurement process B - Project schedule dependent on permitting, and shall be revised as needed to reflect most recent completion estimates C - Overall schedule assumed, and is likely to vary depending on permitting WO H&S South WF Wells. doc 1/12/2006 Page 16 of 16 Four Additional SCRWTP Wells (Feb 2007) Five Additional Tamiami Reliability_______ Wells (Sep 20(7) Tamiami Welis Nos. 34 & 37 (JuI2007) SeRWT? Wellfieid Expansion (Jun 2007) Leaend Short Term Goals Mid Term Goals Tamiami Wellfield Reliability Extension (Nov 2005) Tamiami Well No. 33 (Dec 2005) Zone 1 Hawthorn 101N and 102N (Dee 2005) Agenda Item No. 16C2 February 14, 2006 Page 21 of 23 Zone 1 Hawthorn Wells 109N, 117N (May 20(7) Zone 1 Hawthorn Wells 114N, 115N, 116N (Dee 2005) Tamiami Wells No. 35 and 36 (Jan 2005) 12th Avenue ~ Interconnect & Booster ~ (Jan 2006) Water Supply _--------- Development Plan (Jan 2005) ZOlle 1 and Lower ___________ Hawthorn Wells Reliability Extension (Jun 20(5) Lower Hawthorn Wells iaN, 19N, 20N (Aug 2(06) High TDS RO Design (Dee 20(6) Zone 1 Hawthorn Welis 11!lN, 119N, i20N (May 2(07) WORK ORDER HS-FT-3785-06-04 Agreement for Fixed Term Utilities Engineering Services Contract #05-3785 Dated September 27, 2005 Agenda Item No. 16C2 February 14, 2006 Page 22 of 23 This Work Order is for professional engineering services for work known as Project: Four (4) Reliability Wells for the South County Regional Water Treatment Plant (SCRWTP) The work is specified in the proposal dated Januar}' 6, 2006. which is attached hereto and made a part of this Work Order In accordance \-vith the Terms and Conditions of the Agreement referenced above, Work Order HS-FT-378S-06-04 is assigned to Hazen and Sawyer, r.c. SCODe of Work This work order provides engineering services for the desi2D, permUting, construction administration. construction obsen'ation, and startup and testing support for four additional water supply wells. This project is intended to provide raw water, prior to completion of the second phase of the South County RO Well field, to the South County Regional Water Treatment Plant for startup and testing of the 12- mgd expansion. The work authorization is broken down into task... as follows: Task 1- Preliminary Desi~n Task 2 ~ Final Design Task 3 - Permitting Task 4 - Construction Bid Services Task 5 ~ Construction Contract Administration Task 6 - Detailed Observation Task 7 - Additional Services Schedule of Work The duration of major work tasks are summarized below: Completion Time from Description Noticewto-ProceedA Task I - Preliminary Design 3 months Task 2 - Final Design 7 months Task 3 - Permitting 9 months Task 4 - Construction Bid Services 9 months Task 5 - Construction Contract Administration 13 months Task 6 ~ Detailed Observation 12 months Task 7 - Additional Services 13 months Note A: U"less ot"erwi~'e noted. Comncnsatiow ]n accordance with Article Five of the Agreement. the County wi]1 compensate the Firm in accordance with the negotiated amounts indicated in the schedule below (if a task is time and material. so indicate and use the established hourly rate(s) as enum crated in Schedule" A '" of the Agrecm ent), The compensation for enRineerjng services provided under this work order shall be on a lump sum basis (except Task 4 is Time and Materials) for a total amount of $748,432.00. A cost breakdown by task for engineerin2 services described in this work order follows: Description Fee Schedule Task I - Preliminary Design $69,820 Task 2 - Final Design $235,180 Task 3 - PermittinR $76,112 Task 4 ~ Construction Bid Services (Time & Malerials) $9,828 Task .5 - Construction Contract Administration $125,040 Task 6 - Detailed Observation $196,120 Task 7 - Additional Services $36,332 To'al- Labor and Expenses $748,432 Page I of2 WORK ORDER HS-FT-3785-06-04 Agreement for Fixed Term Utilities Engineering Services Contract #05-3785 Dated September 27,2005 Agenda Item No. 16C2 February 14. 2006 Page 23 of 23 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: Karen Guliani, P,E., PUED Principal Project Manager Date AUTHORIZED BY Date Stephen Y Carnell, Purchasing Director AUTHOR1ZED BY' Date Paul E Mattausch, Water Director APPROVED BY Roy B. Anderson, P,E , Utilities Engineering Director Date ACCEPTED BY' Hazen and Sawyer, PC By: Dale Albert Muniz, Vice President Approved as to Form and Legal Sufficiency Assistant County Attorney Fund:412 CC:273512 G/L Account:634999 Project Number: 710511 Page 2 of2 Agenda Item No. 16C3 February 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting "Collier County's South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005", allow this Plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. OBJECTIVE: The public purpose is to expand the South County Regional Water Treatment Plant (SCRWTP) Wellfield by 23 wells to produce sufficient reliable raw water for the previously approved SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse Osmosis (RO) capacity to 20 MGD. CONSIDERATIONS: On May 25, 2004, as Agenda Item 100, The Board of Collier County Commissioners adopted the 2003 Water Master Plan which provides for increases in water production capacity neccssary to meet the needs of Collier County through the Plan's 20-year window. Due to the rapid population expansion experienced by the County in the last few years it is necessary to expand the SCR WTP RO capacity to meet the increase in water demand. On October I 1, 2005, as agenda item lOG, the County has approved the SCR WTP 12- MGD RO Expansion project. The SCRWTP RO Wellfield Expansion to 20 MGD will provide the necessary reliable raw water supply to this plant expansion. This capacity expansion is included in the 2003 Master Plan under Project No. 708921 - "South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 MGD". Collier County is seeking consideration for a low-interest State Revolving Fund (SRF) loan from FDEP in the amount of approximately $45 million to finance this project. This 20-year low-interest SRF Loan will save the County approximately $]2 million versus a 20-year bond at current market rates. The Board of County Commissioners approval of the stated recommendations will satisfy the SRI' Loan planning protocols required by the Florida Department of Environmental Protection (FDEP) and will allow for commencement of the required SRF loan process. These actions support the County's intent to secure maximum eligibility for funding all anticipated construction projects utilizing the lowest cost funding available. These funds will be used for Project No. 708921. A copy of the Collier County's "South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD)" Facilities Plan is available for review at the County Managcr's Office. - Staff negotiated with Angie Brewer & Associates, L.C. to obtain their assistance to acquire SRF Loans for this expansion. The companion executive summary on this date 1 of 2 Agenda Item No. 16C3 February 14, 2006 Page 2 of 5 recommends Board of County Commissioners approval to issue a Work Order to Angie Brewer & Associates, L.C. for their assistance with SRF Loan services. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: The Project "South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD)" is contained in the 2006 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 22, 2005. The source of funds is Fund 411: Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan and is consistent with the 2003 Water Master Plan adopted by The Board of County Commissioners on May 25, 2004, item 10 D. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio Governing Board for the Collier County Water-Sewer District: I. After review by the County Attorney approve the attached Resolution to adopt the document titled "Collier County's South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005". 2. Allow this document titled "Collier County's South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005" to be submitted to the Florida Department of Environmental Protection by authorized County Employees. 3. Authorize the County Manager or his designee to carryout responsibilities under the FDEP Low Interest Loan Program, including directing County staff to carry out all activities needed to accomplish all goals of the Loan Program, provided such actions do not consist of additional commitments on the County's behalf that require additional Board approval. PREPARED BY: Porfirio E. Gramatges, P.E. Principal Project Manager Public Utilities Engineering Department 2 of 2 Item Number: Item Summary: Meeting Date: Agenda Item No lBCS Febru"r~ 14. 2006 P8ge3of5 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS 16C3 Reccmmemla1ion to approllfi a Resolution of the COllier County Board 01 Couniy Commissioners adoptmg Collier Courltys South County Regional Waler Trealment Planl Reverse OsmosIs Wellheid E~pansiOl1 w 20 Miilion Gallons per Day (MGD) Facilities Plan, December 2005, allow this Plan to be submitte(l to the Florida Department of Enw<.mmemal PrOlection, anll aulhorila the County M.onager 0< hill designee 10 carry 0 vlresponsibiliMs uMerlt1eFDEPLow Il1lerest LOlln Program 2!14/200tl9:00:00AM Prt'pan'd lJy PorfirioLGramalgu,P.E, S!.Prn)otlMllllager 0... 1I1112001110:45,44AM PubhcUhlih.... Public \Jtlliliu Enqino'If'lng App,.oved By LynWnod Admi"i$t"'tiv",S.,,,,ice~ Pur<:hltsingAgenl om, PIlr<:huing 1tl11fIl)OGle:S4AM Apprllv..d By PUDHc Utilillw!" El1qin""nng O;rac1or I)~t.. RoyB.Andl"son,P.E. f'iJblicUtiliti.,s Public Utilitie$ Enqi","nng 1123!2t1ll64,S\lPM Qp.mrtinnsDtrli!ctor om, Approved By Thoma..Wides PUblicutilitlos Pul>hcUlililil>iOpera1:lnos 1I2512MG,1:1JAM Approved By Pu'cha..i119!G"n"nIl5v,,~ Director n.. SteveCilrnel! Adrni",st,MiveS..rvi".... PUlctlasin<j 1!2~200111:18PM W~terD"ijclor om, "['pro"ed lJy p"ul M~tt""sch Pl.llJlicW:ihli..s Willer 1r2GI20001,21 PM AI'p,.oved By Pl.lblicVtiHtieaAciminislrlllOt 0..\.. Ja",...s W. OllL<lIlY PubhcUlilities l>"blicUWiti.,,,hciminlsll1ltio" 211i20063:47PM Adm;nist,ativeA"sistlml tl<rtA App,"oved By OMBCo<>tdi..'llor County M~n~\l"'r''' Oflice {)l'Iic" "I Ma'l<Igern..nt& BudgM 2W10068:41AM Approved By S""i(lrMlnlg,,"><lllt/al1d9MA"aly~! '",. Sl1,;,mU,;tl", Cnunty Manage,... Offic" 01fiC"I1!ilhnag"..""nt&8odg",t 1I6i20IlS11,44 AM DepuljCoun!yl\\.nage, om, Apl,rov"d By L.."E. Odl... Jr. Bo;ud"ICollnt)l Coml"',"s;""",,, CountyM""Rger'sON;c" 217120063:51 PM RESOLUTION NO. 2006- Agenda Item No. 16C3 February 14, 2006 Page 4 of 5 A RESOLlJTlON OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORII>A, ADOPTING COLLIER COlJNTY'S SOllTII COllNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS WELLFIELD EXPANSION TO 20 MILLION GALLONS PER DAY (MGD) FACILITIES PLAN, DECEMBER, 2005; AUTIIORIZING TillS PLAN TO BE SlJBMITTED TO TilE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND AllTlIORIZE MANAGEMENT OF TilE STATE REVOLVING FUND PROGRAM LOAN BY TilE PllBLlC lJTILTIES ADMINISTRATOR CONSISTENT WITlI THf; LOAN PROGRAM AND BOARD APPROVALS. WHEREAS, Collier County has dctcnnined that the projects recommended in the Collier County South County Regional Water Treatment Plant Reverse Osmosis WelJrield Expansion to 20 MUD 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, staffha<; requested that the Board oreounty Commissioners approve the Collier County South County Regional Water Treatment Plant Reverse Osmosis Expansion to 20 MGD Facilities Plan and Drinking Water State Revolving Fund Business Plan in accord with the State Revolving Fund's requirements. NOW, THEREFORE, HE IT RESOLVE)) BY THE BOARD OF COlJNTY COMMISSIONERS OF COLLIER COlJNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF TilE COLLIER COlII'iTY WATER-SEWER DISTRICT, that: I. Collier County, a political subdivision of the State of Florida, hereby adopts the Collier County South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 MGD Facilities Plan (copy attached and incorporated herein). 2. The Collier County Drinking \"later State Revolving Fund Business Plan having been delivered to each Board Member for their individual reviews is hereby adopted. 3. The Hoard 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 direct County staff to carry out all activities needed to accomplish all goals of this Loan Program, including extensions of timelines, provided such actions do not consist of additional commitments on the County's hehalf that require additional approval from this Hoard. 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this favor of adoption. day of , 2006 after majority vote in ATTEST BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE (iOVERNING BOARD OF THE COLLIER COlJNTY WATER- SEWER DISTRICT DWIGHT E. BROCK, Clerk BY Deputy Clerk BY . CHAIRMAN Approved as to tonn and legal sufficiency: Thomas C. Palmer Assistant County Attorney Agenda Item No. 16C3 FebrJary 14, 2006 Page 5 of 5 Project Name: SCRWTP 20-MGD Wellfield Expansion I Capital Project No. 70892 +~Un.i,...+ FY05 iii~~n".+ FY07 in:'....;;;.. > 2004 2005 2006 2007 2008 EVENT Cost otr31otr4 Otr31Ctr4 Ctr31Ctr4 QtrJQtr4 310t, Qt" Qtr2 Qtr1 Otr2 Qt" Qtr2 Qt" Qtr2 Ctr1 Qtr2 Ctr3 4 Land Acquisition $3,050,000 Land Use/Zonin " Design/Permit $766,315 Construction $41,000,000" Inspection $100,000' Project Total $3,816,315 Agenda Item No, 16C4 February 14,2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Change Order to Work Order No. AB-040-06-02 with Angie Brewer and Associates, L.C. in the amount of $99,634.00 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 Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD)"; Project Number 708921. OBJECTIVE: The public purpose is to expand the South County Regional Water Treatment Plant (SCRWTP) Wellfield by 23 wells to produce sufficient reliable raw water for the previously approved SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse Osmosis (RO) capacity to 20 MGD. CONSIDERATIONS: On May 25, 2004, as Agenda Item 100, The Board of Collier County Commissioners adopted the 2003 Water Master Plan which provides for increases in water production capacity necessary to meet the needs of Collier County through the Plan's 20-year window. The expansion of the SCRWTP Wellfield to 20-MGD is a critical element for meeting the identified needs. This proposal includes services necessary to successfully secure State r- Revolving Funds (SRF) Loans. The costs of these services are eligible for reimbursement by the SRF Loan. Collier County has successfully utilized the services of Angie Brewer and Associates (ABA) on several prior projects to ensure compliancc with all SRF Loan requirements and ABA has been instrumental in obtaining approximately $85 million in SRF loans. Collier County is using a cooperative purchasing agreement with Sarasota County on Contract No. 2003-040 for this project. The value of these services is an investment in the ability to deliver SRF low- interest loan funding. These proposals do not include conducting project bidding through close out phases of the SRF Loans for these projects, as these will be negotiated at a later date. To facilitate the time sensitive application process for a low intercst SRF loan and to provide the required public notification, Purchase Order No. 4500049142 for $24,583.00 under Work Order No. AB-040-06-02 has already been issued to ABA for the needed "Collier County's South County Regional Water Treatment Plant Reverse Osmosis Welltield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, dated December 2005". The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. - Executive Summary ABA PO Page 2 Agenda Item No. 16C4 February 14, 2006 Page 2 of 11 Summary of costs for low-interest SRF loan assistance: Task Description Project No. 708921 Preliminary Facilities Planning $24,583.00 (Procured per existing Purchase Order) New Tasks: Final Facilities Planning and Environmental $79,360.00 Annroval Process RFI, Loan Application and Agreement $20,274.00 Services Construction - Bidding Through Close out TBD Services New Tasks Subtotal: $99,634.00 Total costs for Loan Procurement Services $124,217.00 Staff has analyzed this proposal, finds it to be fair and reasonable and recommends awarding this contract to Angie Brewer and Associates, L.C. FISCAL IMPACT: The subject projects are included in the 2006 Fiscal Year Capital Improvement Budget approved by the Board of COllnty Commissioners on September 22, 2005. The source of funds for Project No. 708921 is Fund 41 I; Water Impact Fees. ABA's services are eligible for reimbursement from SRF proceeds. GROWTH MANAGEMENT IMPACT: These projects are consistent with and further the Goals, Objectives and Policies of the Collier County Growth Management Plan and are consistent with the 2003 Water Master Plan adopted by The Board of County Commissioners on May 25, 2003, item 10 D. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District authorize the County Manager or his designee to execute a Change Order to Work Order No. AB-040-06-02 in the amount of $99,634.00 to Angie Brewer and Associates, L.c. under a cooperative purchasing agreement with Sarasota County Contract No. 2003-040 for Loan Procurement Services from FDEP. PREPARED BY: Porfirio E. Gramatges, P.E., Principal Project Manager Public Utilities Engineering Department Item Number: ttemSummary: Meeting Date: p,gendallcm No. 16C4 February 14. 20U6 Page 3 of11 COLLIER COIINTY BOARD OF COUNTY COMMISSJONERS 1fiC~ Recommendation 10 approve a Change Order to Work Order No, AB-040.D6.,02 wrth Angie Brewer and Associates, L.C, in the amount of $99634.00 under Sarasota County Conlract No, 2003.04{l lor Slate Ravoll'in<;j Fu!1ds loan Procurement Services fro m The Florida Departmenl of t::nvironm.mlal Protection for 1M Soulh County Regional Willer Treatment Plant Reverse Osmosis Wellf;.M Expansion to 20 Million Gallona per Day (MOD) Project NumuIH701l921 2/14/2000 9,QQ,OO AM D.. PrepnedBy Polflri"E,Gnlmal\les,P,E. Sr. Project Manaller 111:V2(1{1GlO:S9:1GAM f'llbhcUtllitill'S f'ub!icUtilitiesE'nglll<lering Approved By LynW<wd """ Adminlstrntivl!SI!l"Jic<J" PIlr<:lIasi"lIAg<Jnt PIln;hasinll lIUIZOatl4,3DPM lht<! Approved By RoyB,A"der~on, P.E. Public: Utilities Public Utilttiu En!li"''''nnll Diroctor Public Vfililies EIlQillMrinQ 1I24J201l511;:26PM D.. AppnlVed By Thllm~sWidllS PlIblkUtilitiu Op..~i"",,Oi'''clor Publ;cUtilltinOp.ellltiQII.. 1/25flM611:11A'" D.,,, Approved By PautM8IUusdl Public\Jtilitie; Wat",Di,ol:IO' Waler 1I2&12D{l&1:2JPM ""'. Approved By SII!V<lCllm<lU Admmisll'\lliv"S"l"JiC<!s PurchasillgIG,m"'llISv"sOi',,"1<1r P.,,-d'a,~illl1 1IZGr<:(I0G1:25PM Oat" Aplu'ovedBy Jarm.sW,DeL<llI)' PublicUtilil'!.... Publk Urilitiu Admini~lr~to' l>"bli" lJhlilin Admini~!,.~ho" i/1illm63:47PM tl>lll! Appr"~ed By OMBCoord;nal<lr C(><JlIlyM_n_ll..f,.Otlice Administr;.tiv"A~,>isl"nl O!1i"" ,,' M.",,<!mn..nt &. Bud'.!"t 2t3/2DOGa,4SAM D.. Appro~ed By $U,q.j)1I U~h..r CnlllllyMlln"II'"r'..Office $,...,or M;an;a~.m'''lItIBlId9et Analy.t Offl<:cllt M."n;aIl"rIl"lll&Budlll/!l 1/GilCDS t1,~~ PM D.. App,"oved Ry U.oE.Od,-~"J!. Soard 01 County COmmi$Slonu.. O"l'uty County Martag<ll CounlyM""ag..r'sC!ff;c,, 117JlOO&!:S\lPM Agenda Item No. 16C4 February 14, 2006 Page 4 of 11 Project Name: SCRWTP 20-MGD Wellfield Expansion I Capital Project No. 70892 fY04 FY05 n06 FY07 fYOS 2004 2005 2006 2007 2008 EVENT Cost Qtr31Qtr4 Qtr31Qtr4 Qtr310tr4 atrltr4 310tr Qtr1 Qtr2 Qt., Qt.2 Qtr1 Otr2 Qtr1 Qt.2 Qtr1 Qtr2 Qtr3 4 Land Acquisition $3,050,000 Land Use/Zonina $0 Design/Permit $766,315 Construction $41,000,000- Inspection $100,000' Project Total $3,816,315 Scope of Services Collier County SRF Water Planning Process SCRWTP 20 MGD RO Wellfield Expansion RFI, Loan Application and Loan Agreement Services CC Project Number 708921 Agenda Item No. 16C4 February 14, 2006 Page 5 of 11 Task 1 Request for Inclusion (RFI) Preparation & Negotiation - $2,002.62 The Consultant shall prepare an RFI in order to get the project on the FOEP Priority List. The County Staff/Engineer will provide the Consultant with information as required. An Authorized County Representative will sign the RFI and return it to the Consultant for transmittal to the FDEP. Task 2 Loan Application (I) - $10,629.37 Draft Aoolication The Consultant shall coordinate communication with FOEP and County Staff/Engineers involved in Loan funding. The Consultant will also provide response to questions/comments as necessary. The County Staff/Engineer will provide the Consultant with any required information as requested. The Consultant shall prepare an SRF Loan Application in accordance with FOEP rules and regulations for the program. The Consultant shall secure all required information necessary for the Application from the County or its other Consultants. Final Aoolication The Consultant shall provide one (I) final draft ofthe Application to the County for review. Upon completion of the review, the Consultant shall identify information necessary to satisfy funding agency requirements and respond to any comments from staff as appropriate. The Consultant shall provide drafts ofall resolutions and/or certifications required from the County to process the Application. Coordination The Consultant shall prepare the final Application for submission to FOEP. The Consultant shall provide an appropriate transmittal letter. All required copies of the document shall be provided by the Consultant. The Consultant shall handle response to all questions and/or comments from FOEP with input from the County as necessary. Task 3 Agreement (I) -$7,641.83 Loan Agreement The Consultant shall communicate with FOEP regarding one (I) proposed Loan Agreement. The Consultant shall review the draft Agreement and comment to the County on appropriateness and acceptability as relates to the Loan Application submitted and the County's intended project funding. Coordination The Consultant shall coordinate the processing and execution of the Final Loan Agreement between FOEP and the County. The Consultant will provide clarification to County Attorney regarding SRF Loans. The Consultant shall handle response to all questions and/or comments from FDEP with input from the County as necessary. The Consultant shall provide for the transmittal. The above scope does not include senrices for bidding through construction and loan closeout. 102-100-0703 Angie Brewer & Associates, L.c. Angie Brewer & Associates, 1.. C. 9104 58th Drive East Bradenton, Florida 34202 PROPOSAL Agenda Item No 16C4 February 14, 2006 Page 6 or 11 Date: 1/912006 SRF Water Planning Process Proposal #102-100-0703 SCRWTP - 20 MGD RO Wellfield Expansion CC Project # 708921 RFI, Loan Application & Agreement Principal Client Project Directorot Planning Project Project Admin Admin Admin Manager Manager Planning Coordinator Coordinator 1\ Coordinator I Coordinator Assistanlll Assistant I Total TOTAL Task Description $126.48 $108.56 $9869 $52.89 $44.22 $4055 $3687 $36.87 $31.98 $29.99 Hours COSTS 1 Reauest for Inclusion 14 35 35 35 14 35 35 329 $ 1,947.62 Reimbursable Expenses $ 55.00 TOTAL $ 2,002.62 2 Loan A.Dolication DraflApplicalion 5 27 22 20 7 8900 $ 7,266.08 Final Applicalion 1 4 35 45 6 15 20.50 $ 1,341.99 Loan Application Coordination 6 2 16 2 4 2 32.00 $ 1,726.30 Reimbursable Expenses $ 29500 TOTAL $10,629.37 3 Loan Aareement Services Draft loan Agreement 12 6 4 2 2 26.00 $ 2,20944 Final Loan Agreement 4 10 9 4 4 6 6 43.00 $ 3,281.27 Loan Agreement Coordination 4 4 8 4 2 22.00 $ 1,941.12 Reimbursable Expenses $ 21000 TOTAL $ 7.64183 GRAND TOTAL $20,273.82 Notes: 1. The above does not include services for bidding through construction and loan closeout. 2. Proposal is based on time and expense billing. 3. CC Project#: 708921 Scope of Services Collier County SRF Water Planning Process SCRWTP 20-MGD RO Wellfield Expansion Project Planning Services Agenda Item No. 16C4 February 14, 2006 Page 7 of 11 CC Project #'s: 708921 Task I Final Facilities Plan - $30,175.00 The Consultant shall prepare all non-technical sections of the document and address all financial issues of the planning document. The Consultant shall incorporate the provided technical information into appropriate sections of the Facilities Plan. The Consultant shall revise and update the draft Water Facilities Plan based upon comments received from the County. (This task does not include mass reproduction of the Water Facilities Plan.) The plan includes the present worth analysis (PW A) and wellhead protection evaluation(WPA). Task 2 FDEP Schedule Management - $10,625 The Consultant shall prepare a schedule for completion of all planning work. The Consultant shall monitor progress of all activities and communicate status of work to the County on a monthly basis and attend meetings to coordinate the implementation of the schedule. Regular status reports shall be provided during the work. Task 3 Business Plan (BP) - $25,960 The Consultant shall prepare a draft BP, in accordance with FDEP requirements, for submission to the County for review and comment. The Consultant shall provide a list of required information needed to complete the BP. The County shall provide required information as identified by Consultant. The Consultant shall revise and update the draft BP based upon comments received from the County. The Consultant shall secure the certification of the BP from the Finance Director. Upon finalization of the BP, it will be incorporated into and made a part of the Water Facilities Plan. Task 4 Public Hearing/Approvals - $3,650 The Consultant shall coordinate with the County to ensure proper scheduling and advertisement of the required Public Hearing. The Consultant shall provide the draft advertisement to the County. The Consultant shall provide a detailed agenda for the Public Hearing addressing required issues. The Consultant shall prepare appropriate information for the Public Hearing to ensure FDEP requirements are satisfied. The Consultant shall provide all draft documents to be adopted following the Public Hearing. The Consultant shall coordinate with all departments and agencies to facilitate the review and approval of all items for the agenda. The Consultant shall participate in the presentation of information at the Public Hearing. The Consultant shall follow-up on all items resulting from the hearing. 102-100-0702 Page 1 of2 Angie Brewer & Associates, L.c. The Consultant shall prepare the Public Participation documentation. The C~a~~~~~~~~~~t the Public Participation Documentation to the FDEP in order to secure appropriate app~.8 of 11 The Consultant shall provide a total of32 copies of the Water Facilities Plan. ABA will provide required copies to all agencies and (ten) 10 copies will be transmitted to the County for its use in securing County approval ofthe document. The Consultant shall revise and update the Water Facilities Plan and BP based upon comments received from FDEP. The Consultant shall track the status of the Water Facilities Plan with all agencies. The Consultant shall respond to questions and provide information to agencies to aid in the completion of the review process; the Consultant will provide comments and approvals to FDEP. Task 5 Environmental Clearance - $5,415.00 The Consultant shall track the status of the Florida Finding of Significant Impact (FFNSI). The Consultant shall answer questions and provide information to FDEP as necessary to aid in the completion of the FFNSI. The Consultant shall respond to comments received during the advertising and comment period. The Consultant shall review the FFNSIICEN draft. The Consultant shall request all additional data and technical support from the County and provide it to FDEP. Upon approval of the FFNSIICEN the Consultant will secure Authorization to Incur Costs. Task 6 Coordinate DEP Requirements - $3,535 The Consultant shall coordinate submission of all items necessary to elevate the project to a fundable status. The County shall cause two copies of the complete signed and sealed Biddable Plans and Specifications to be provided to Consultant. 102-100-0702 Page 2 of2 Angie Brewer & Associates, L.C. Angie Brewer & Associates. L. C. 9104 58th Drive East Bradentlln, Florida 34202 PROPOSAL Agenda Hem No. 16C4 February 14, 2Q06 Page 9 of 11 Date: 1/9/2006 Proposal # 102.100-0702 CC Project # 708921 SRF Water Planning Process SCRWTP - 20 MGD R.O. Wellfield Expansion Project Planning Services Principal Client Project Director of Planning Project Project Admin Admin. Admin. Manager Manager Planning Coordinator Coordinator II Coordinator I Coordinator Assistant II Assistant I Total TOTAL TaSk DesGliption $12648 $108.56 $98,69 $52.89 $44,22 $40_55 $36.87 $36.87 $31,98 $29.99 Hours COSTS 1 Final FacllltlesPlan 41 74 10 131.5 128 40 35 459,5 $29,415.32 Reimbursable Expenses $ 761_00 TOTAL $30,176_32 2 Schedule Manaaement 3.0 19.0 12 35 76 4 38 190 $10,35962 Reimbursable Expenses $ 268_00 TOTAL $10,627_62 BusinessPtan 17,2 55 10 125 152 18 68 445_2 $25.30415 Reimbursable Expenses , 65500 TOTAL $25,95915 -.4 Public HearinalAcDrovals 04 12.4 26 7 12 64_8 $ 3,558,54 Reimbursable Expenses $ 92.00 TOTAL , 3,65054 5 Environmental Clearance 4 6 12 16 34 2 16 90 $ 5,276.70 ReimbursabieExpenses , 13600 TOTAL , 5,41270 6 Coordinate DEP Reoulrements 7 14 28 7 14 70 $ 3,444_35 Reimbursable Expenses $ 8900 TOTAL $ 3,533,35 GRAND TOTAL $79,359_67 Notes: 1. The above does not include services for bidding through construction and loan closeout. 2. Proposal is based On time and expense billing. 3. CC Project #: 708921 . Agenda Item No. 16C4 February 14, 2006 Page 10 of 11 , , . WORK ORDER # AB.040-06-02 It. U. E. I. Agreement for Fixed Term Professional Serf"~AN 19 PM 3= 56 Sarasota County Contract #2003-040 This Work Order is for Stale Revolving Funds Loan Procurement services for work known as Project # 708921 _ SCRWTP 20-MGD Wellrield En"a.ion The work is specified in the proposal dated August 1, 2005. which is atlached hereto and made a part of this Work. Order. ]n accordance with the Terms and Conditions of the Agreement referenced above. Work Order 4t AB-040-06-02 is assigned to Ant!ie Brewer & Associates.. L.e. Scope of Work Task l Facilities Plan Design and Draft Tasks sth1JJ be conducted 3i indic.ucd jn the aual::hed Angie Brewer & Associates. L.e. Proposal. Schedule of Work:: Complete SRF Loan Procurement Services on or before October I. 2006. Comocnsation: In accordance with Artlc)e Fi ve of the Agreement. the County will compensate the Firm in accoTdance with the established lump sum amount as stated in their propos.al. Work Deta il: Taskl Facilities Plan Design and Draft $ 24.583.00 T IK TOTAL S 24,583.00 Any change within monetary authority of Ihis Work Order made s.ubsequent to final depa.rtment approva.l will be cons.idered an additional service and charged according to Schedule A of the Agreement. PREP ARED B . J!\ \/Ck> rincipal Project Manager Date APPROVED BY: ~~ /7 CL- ,; /J ).t I Date Roy . An.deuoo, P.E:. - Di.rector, PU Engineering APPROVED BY: lit flOt I Date Page t of2 ~.J to080-9Sl.-ltoS ...............0 l1....ew dO"'&O 90 01 uar .., . .. .'T"', ;") By: itifh(~ Q~ Kathleen O'Shea Carla. Admini'&-trstive Manal!.er Type Name and Title Tc:mplalc/SN/WO Fix.ed Term Pro EDg Sery 2 Agenda Item No. 16C4 February 14, 2006 Page 11 of 11 Date: AU2us, I. 2005 Angie Brewer & Associates. L.C. By: NOle: Bee nec=ds 10 authorize the dolla.r amount and request that Bee to authorize:: the pwe.O Department Director to eXeCQlC the Work Order.u parl of your Executive: Summary. Page Z(){2 E'" ~080-SSl.-r~6 ..u"'nil'..JB '>I..Jew "O~;EO SO or uer Agenda Item No. 16C5 February 14, 2006 Page 1 of 24 Executive SUmmary Recommendation to award Work Order CDM-FT-3593-06-03 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and engineering services for well site evaluation and transmission main study for water supply for the next phase of development for the NERWTP in the amount of $771,302.00, Project Number 70899. OBJECTIVE: The public purpose of these wells is to provide a water supply for the Northeast Regional Water Treatment Plant (NERWTP) necessary to meet the demand in the Northeast area of the County, and to stay in compliance with regulatory requirements. This is the next phase of development of the NERWTP estimated to be constructed in 20 I 6. This work will support property acquisition of wcll sites and transmission corridors for the next group of water supply wells. CONSIDERATION: On May 25, 2004, as Agenda Item 10 (D), the Board of County Commissioners (the "Board") adopted the 2003 Water Master Plan Update, which identified requirements and implementation plans for the NERWTP and water supply Wellfield. On June 8, 2004, as Agenda Item 10 (D), the Board approvcd Professional Engineering Services Agreement 04-3593 with Camp Dresser & McKee, Inc. for professional services related to development of County Wellfields and Work Order 04-01. Section 6 Phase A, included preliminary geologic investigation, test well construction, aquifer testing, and hydrogeologic modeling for the NERWTP wellfield. On November 29, 2005, as Agenda item 10 (C), the Board approved a Professional Engineering Services Agreement with Camp Dresser & McKee, Inc. for professional services related to design ofthe first phase of water supply for the NERWTP well field to be on line by January 2009. This work order is for the next phase of the project that includes the development of a water supply for the NERWTP expansion to be completed in 2016. [n order to identify potential well sites and transmission corridors, that will assist in property acquisition and development of the next phase of water supply wells, the following services will be provided: (a) Identify test well locations, (b) Prepare well drilling specifications and drill test wells, (c) Analyze test well data, and (d) Identify potcntial well sites and transmission corridors. The NERWTP wellfield is part of the County long-term water supply goals. This wellfield must be designed and constructed for operation by mid 2015, prior to start-up and testing of the cxpansion of the NER WTP in 2016. The scope of work for this phase of the wellfield development is described in Attachment A. Staff has negotiated scope and fees that are fair, reasonable, and commensurate with engineering services for wellfield reliability, improvement and expansion as outlined in Fixed Annual Term Contract #04-3593. The Clerk of Courts and Finance Department Agenda Item No. 16C5 February 14, 2006 Page 2 of 24 have reviewed the information contained In this Executive Summary and the corresponding attachments. FISCAL IMPACT: Funding is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in the Water Impact Fee Fund (41 I) Northeast Wellfield Project 70899. The cost for this phase of the project including drilling services is estimated to be approximately $1,500,000, but is dependent on market conditions that may influence well drilling prices. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: I. Award Work Order CDM-FT-3593-06-03 to Camp, Dresser, and McKee, Inc., in the amount of $771 ,302.00. 2. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's Office. PREPARED BY: Alicia Abbott, Project Manager, Public Utilities Engineering Department. ItemNl,lmber: ItemSl,lmmllry: Meeting Dale: Ag!'!t1da Item No, 1 GC5 February 14, 2006 Pi.'Ige 30124 COLLIER COlJNTY BOARD OF COUNTY COMMISSIONERS HiCS Recommendation to award Wor~ Order CDM.FT-35S3-06.03 with Camp, Dreuer, and McKee, Inc"lorprolesIilOt1lili hydrngealogicllndengirwering selV!ceSforwell ~kecvalllalion endtntnSmlssionrnainstlldylorwatlJOrsuPPlyrorlhenextphaseofde~lopmenllorlhe NER'I'.-iP the amounl of $771 ,3D2, Project Number 70899 2114f20069:00_00AM "," Prepared By AlicillAbbotl,E_L P"bli<;utilitit!-s f'roie~1 M.n.lI"r Plll>h~ Ulilililts En\li"_ering 111712G064:2n:GsPM """ Approved By PafMllIUbby P"bl,ctJlild:i"s Wata, Opn"ti"Els Man,,!!"r W.I'" 1123/201169,11AM "'" ApprovrdBy WIIIi..rnO_MuU;",PE PublicUtiliti<'!1 Pri"cip~IProiectM"n"llU PublicUtilllil!sf,ngin..ring 1i231l0U 2,32 PM D"', Approved By RoylJ.A"dll!'S.,n,P,E PublkUlililiu PVbJic\Jtilltiuf'on\li"Q/ll'i"gDirncf<lr Publ;c Ublltills Engi......rin9 1I25/.'llKl61Q:2SAM D,,, Allproved By Th"mllsWid." PlJllli"IJtiIi1i"s Op....WmsOirecl'" PublicUtibti'-'sOp"mii"",~ lJ2S!2011Gl11:25AM """ App""ved By Paul Mattlluscll I'UblkUtiiities Wllte,Oi'lIctor w.ro, 111612111161:23PM "", App,'ond By LynW"od Admi",$t,aliv"S",vir'(!$ Purch"s;nllAlI..nf run;huiog l1J1il0067A6AM D"" Ajlp"oved By SI<M.C..n",1l Administrlltiv..S..",;""s Pureh;"ill'lIGe""t;;13vc" 0;'''<:<0' PU"'haslog 1fJl.'211P61:36PM """ Approved By J"m""W,OcL""y PublicUti!ilj<lS r"hlkUtilifle"Adlllin.st,alor Pllblic.Utilifi""Admin;sl'<ll;,m 211i20G63,48PM """ Approved By OMOC"ordi""tor CounljlMlI""l'Iu'''011ice Admi",,,,rlltiv,, Assi$lant OHkIlOfMs"'-'\II1"....nr&Ei"dgllt 213!20G\\ 8:44 AM ". ApprllndBy S"sa"U"".. CGIlRty M"nager'-\; Office S....;"rMlInllgem"ntlaudgetA....jy~t Offir,sDfManaq,-,m"nt&BUdgO'!t 216!2P062:1Mf'M """ Approved By L."E-Och..Jr. ao:a'l!"fC"UIlIY C"mn\,ssi(lu,-,rs OSl'lrly C<:>"nly MSllSg'" CQ\lrrtyM:anaW'''',Office 1!812D068:.'!lAM Agenda Item No. 16G5 February 14, 2006 Page 4 of 24 Attachment A Contract Number 04-3593 Work Order 06-01 Collier County WBS 708992 SCOPE OF SERVICES NORTHEAST REGIONAL WATER TREATMENT PLANT TEST PROGRAM FOR WELLFIELD EXPANSION November 28, 2005 INTRODUCTION A hydrogeologic investigation to identify one or more groundwater sources to supply raw water for treatment at the proposed Northeast Regional Water Treatment Plant (NERWTP) was initiated in December 2004 and completed during June 2005. This investigation was performed as part of Part C of Contract Number 04-3593 (Wellfield Reliability Improvements and Expansion Program). The investigation included test well construction, aquifer performance testing, water quality sampling, and data analyses. The Lower Tamiami, Hawthorn Zone I and Lower Hawthorn aquifers were evaluated during the investigation. The results of the investigation were generally as expected with good water quality and high yield encountered in the Lower Tamiami Aquifer test wells, good water quality with moderate yield in the Hawthorn Zone I Aquifer, and brackish water quality with moderate to very high yield in the Lower Hawthorn test wells. The water quality in the Hawthorn Zone I Aquifer at the Collier County fairgrounds property just west of the NERWTP site was found to be better than expected. The A Page 1 of 19 O:\Collier County\November 2005 SCopes\ColllerSCope11-28-05\Section2-1_NERWTP W FTest November 28\NERW"fPoNellfieldScope 1-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 5 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 chloride and total dissolved solids values of samples obtained from a test well tapping the Hawthorn Zone I Aquifer at this location are well below the maximum contaminant levels established within the state and federal drinking water standards. This high quality groundwater can be treated economically and also used for blending purposes with product water from the membrane softening or reverse osmosis treatment trains at the proposed NERWTP. The yield of the Hawthorn Zone I Aquifer test/production well at the fairgrounds site is moderate with a natural artesian flow rate of approximately 200 gallons per minute (gpm). Individual well production rates of 400-500 gpm may be obtainable from this unit using submersible well pumps. Testing of the Hawthorn Zone I Aquifer was iimited to the fairgrounds property and Shady Hollow site approximately 3 miles west of the NERWTP site. Additional exploration of the Hawthorn Zone I Aquifer should be conducted considering the potential for obtaining very high quality groundwater from this source. Two test/production wells tapping the Lower Hawthorn Aquifer were constructed at the NERWTP site. Both wells yielded brackish water quality suitable for low pressure reverse osmosis treatment. The yield of the wells differs considerably. Test/production well LH-1 constructed near the center of the NERWTP site had a natural artesian flow rate estimated to be approximately 300 gpm whereas well LH-2 A Page 2 of 19 O:\Collier County\November 2005 ScopeslCollierScope1 t -28-05\Section2-1_NERWTP WFTest November 28\NERWTPNellfieldScope 1-13-06.doc Agenda Item No. 16C5 February 14,2006 Page 6 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 in the eastern portion of the NERWTP site reportedly flowed at a rate of approximately 2000 gpm. Highly variable yields in wells tapping the Lower Hawthorn Aquifer has been noted at the wellfields that supply the existing reverse osmosis treatment facilities operated by the County. Additional testing of the Lower Hawthorn Aquifer should be conducted to further evaluate well yield and water quality conditions within this unit. Testing conducted on the Lower Tamiami Aquifer at the NERWTP confirmed that this unit possesses high yield characteristics and contains good quality water. However, permitting withdrawals from this source can be problematic due to the potential for impacts to wetland areas or existing users. Hydraulic testing of the confining unit that separates the Lower Tamiami and water-table aquifers is recommended to demonstrate that pumpage from the Lower Tamiami Aquifer will not significantly impact wetland areas. The current plan for the NERWTP facility is a 15 million gallon per day (mgd) capacity with expansion to 30 mgd proposed. The size of the plant was recommended in the water Master Plan update prepared for the County by Greeley & Hanson 2004 based on the assumption that an additional water plant would be constructed in the south portion of the County. This proposed facility is referred to A Page 3 of 19 O:\Collier CountylNovember 2005 Scopes\CollierScope11 "28-05\Section2-,_NERWTP WFTest November 28\NERWTPWelllieldScope '.13-0l3.doc Agenda Item No. 16C5 February 14, 2006 Page 7 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 as the Southeast Regional Water Treatment Plant (SERWTP). A larger capacity for the NERWTP up to possibly 40 mgd may be necessary if the construction of the SERWTP is removed from consideration. The current test drilling program for the NERWTP extends to a maximum distance of approximately 3 miles from the water plant site. The area considered for wellfield development would need to be expanded to accommodate the larger treatment capacity (> 15 mgd) for the NERWTP. A number of potential test sites exist. The County owns eight parcels of land located adjacent to the City of Naples East Golden Gate Wellfield that may be suitable for Hawthorn Zone I or Lower Hawthorn aquifer withdrawals. The Conservation Collier Group is also considering the purchase of a nurnber of parcels in the vicinity of the NERWTP where well site easernents rnay be obtainable. In addition, there are proposed residential developments that are currently in the Planned Unit Development process where well site easernents may be obtained including the rock mine located approximately 1.5 miles north of the NERWTP property. Well construction and testing should be conducted at these parcels to determine aquifer yield and water quality conditions within the units of interest. The construction of nine new test wells, aquifer hydraulic testing, water quality sampling, geophysical logging, and data analyses are recommended for the expanded test program. A Page 4 of 19 O:\Collier CounlylNollember 2005 ScopeS\COllierScope11-28{}S\Section2-1_NERWTP W FTest November 28\NERWTPVVellfieldScope 1-13-06_doc Agenda Item No. 16C5 February 14, 2006 Page 8 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 SCOPE OF SERVICES This scope of services includes the installation of test production wells, installation of associated observation wells, performance of aquifer tests, and analyses of the data. The following tasks will be performed: 6.C.1 Data Collection and Analysis 6.C.2 Wellsite and Raw Water Transmission Main Route Evaluations 6.C.3 Project Public Information and Involvement Support 6.C.4 Additional Services 6.C.1. DATA COLLECTION AND ANALYSIS 6. C.1.1. Test Well Locations and Permitting Nine test wells, including four test/ production wells and five monitor wells, will be permitted through the applicable well permitting agencies (South Florida Water Management District and Collier County) for construction at sites located within approximately five miles of the NERWTP site. Off site testing will likely be conducted in the areas noted previously on sites owned by the County or parcels where permission to drill can be obtained from the property owners. Accessibility and the A Page 5 of 19 Q:\Collier County\November 2005 Scopes\CollierScope11-28-05\Section2-1_NERWTP WFTest November 28\NERWTPWell!ieldScope 1-13-06.doc Agenda Item No. 16GS February 14, 2006 Page g of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 ability to obtain approval to drill at the test sites will be key issues in determining the locations of the test wells. Coordination with the County real property staff will be necessary to obtain approvals to drill. The test wells will include large diameter (12-inch) test/production wells capable of yielding typical permanent well production rates, small diameter wells (4-inch to 6- inch), and one very deep test well to evaluate the lower aquifer units. The test/production wells will be used for aquifer performance testing (APT) purposes and water quality sampling. The smaller diameter wells will be used as observation wells during the APTs and may remain as permanent monitor wells. 6.C.1.2 Field Data Acquisition Outline technical specifications will be prepared for test well construction for cost and quality control and Contractor selection. Consideration should be given to prepurchasing well casing for the test wells as material prices have been very volatile and the availability of pipe may impact the proposed project schedule. Wells at each test site will be logged for lithologic and geophysical characteristics and the formation waters will be sampled and analyzed for water quality parameters needed for water treatment plant design. One sample will be collected from each test/production well for laboratory analysis. The analytical parameters will be A Page 6 of 19 O:\Collier County\November 2005 ScopeS\COllierScope11-2S-0SISection2-1 NERWTP WFTest November 28lNERWTP'NellfieldScope 1-13-06_doc Agenda Item No. 16C5 February 14, 2006 Page 10 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 supplied by the design engineers for the proposed NERWTP. The larger diameter test/ production wells (up to four wells) may also be used as permanent production wells upon approval of a water use permit. 6,C.1.3 Test Well Construction Requirements Test well construction will be provided using drillers that have an ongoing seNices contract with the County. The drillers will use a combination of mud-rotary and reverse air drilling. The well construction project will include: . Two Hawthorn Zone I test/production wells with the approximate dimensions of 12-inch diameter, 400 feet of casing and 550 feet total depth. . Two Hawthorn Zone I monitor wells with the approximate dimensions of 4- inch diameter, 400 feet of casing, and 550 feet total depth. . Two Lower Hawthorn test/production wells with the approximate dimensions of 12-inch diameter, 700 feet of casing, and 900 feet total depth. . Two Lower Hawthorn monitor wells with the approximate dimensions of 4- inch diameter, 700 feet of casing, and 900 feet total depth. . One deep test well with the approximate dimensions of 6-inch diameter, 600 feet of casing, and 1500 feet total depth. Well may be backplugged to 850 feet for use as a Lower Hawthorn monitor well. A Page 7 of 19 O:\Collier County\November 2005 ScopesICollierScope11.28-QSlSection2-'_NERWTP WFTesl November 28\NERWTPVVellfieldScope 1.i3-06_doc Agenda Item No. 16C5 February 14, 2006 Page 11 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 6. C. 1.4 Data Compilation and Analysis The data from drilling and sampling will be compiled and analyzed for lithology, stratigraphy, aquifer and confining bed delineations and water quality. Methodologies will include: drill cuttings analysis, geophysical analysis, and laboratory analysis of water chemistry. 6. C. 1.5 Aquifer Testing & Hydraulic Analysis Up to four multiple well aquifer performance tests will be conducted at the test sites. Two will evaluate the Hawthorn Zone I Aquifer and two will evaluate the Lower Hawthorn Aquifer. The APTs will be conducted by pumping the test/production wells while measuring drawdowns in nearby monitor wells. Single well pump or flow tests may also be used to determine pertinent aquifer hydraulic characteristics. 6. C. 1.6 Step-drawdown Tests Step-drawdown tests provide information related to well efficiency (drawdown associated with different pumping rates) and the aquifer transmissivity can be approximated. Step-drawdown tests will be performed on each of the large diameter test/production wells. A Page 8 of 19 O:\Collier Counly\November 2005 ScopesICollierScope11-28-05\8eclion2- CNERWTP WFTest November 281NERWTPvVellfieldScope 1-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 12 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 6. C. 1. 7 Data Analysis Data collected during the APTs and step-drawdown testing will be evaluated through a variety of accepted methods to assess water quality conditions and determine specific capacity, transmissivity, storativity, and leakance contribution to aquifer yield. The hydrogeologic test program report prepared for the initial test program will be updated with the additional information collected during the second phase of testing. The data will also be used to update the computer models of the aquifer system. 6.C.1.B Well Construction Supervision Consultant will provide a member of the Consultant technical staff for field observation of construction during the well construction period. Well construction inspectors will provide observation of drilling and well installation, describe drill cutting samples, collect water samples, confirm, and with County approval, modify well designs based on observations during drilling, supervise development and testing, and collection of data necessary for documentation of well construction and performance. Budget for the field representative will be based on the duration of construction through final completion and the anticipated weekly level of observation necessary and agreed to by the County. A Page 9 of 19 O:\Collier Counly\November 2005 Scopes\COllierScope11-28-05\Section2-1_ NEAWTP WFTest November 281NERWTP'#elllieldScope 1-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 13 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 6.C.1.9 Drilling Procurement Coordination and Assistance Well drilling contractors with ongoing services contracts with the county will be solicited to provide quotes for the test drilling project. The technical specifications prepared under item 6.C.1.2 will be provided to the contractors for their use in preparing cost estimates. Information regarding the well locations will be provided and questions or concerns the drillers may have regarding the project will be addressed. Quotes received by the contractors will be reviewed and a recommendation to the county for award of a contract for drilling will be made. The recommendation will be based on cost, schedule, and an assessment of the contractor ability to successfully complete the work. The CONSULTANT will coordinate with the drilling contractor and assist him as needed in obtaining well construction permits, site access, and other items needed to start the test well construction project 6.C.2. WELLSITE AND RAW WATER TRANSMISSION MAIN ROUTE EVALUATIONS Consultant will prepare a study and report of alternate routes for the raw water A Page 10 of 19 O:\Collier County\November 2005 Scopes\COllierScope11-28-05\Section2_'_ NERWTPWFTest November 281NERWTPNellfieldSccpe 1-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 14 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 transmission and which identifies potential well site locations along the pipeline route(s). Descriptions of the tasks to be performed are described below. 6.C.2.1 Wellsite Evaluation Consultant shall assist the County in identifying proper sites for the proposed expansion wells. Sites shall be selected by review of aerial photography, field reconnaissance and other information listed below. Collect and assemble available data, including mapping, GIS data, utility data, property data, background information and pertinent studies and evaluate each of the alternatives under the following criteria: . Availability of electrical service. . Availability and cost of the property. . Proximity to the NERWTP. . Long-range planning/consistency with future projects. . Safety considerations. . Public acceptance. . Maintenance accessibility. . Conflicts with existing utilities. A Page 11 of 19 Q:\Collier County\November 2005 Scopes\COllierScope11-26-05\SeClion2-1_NERWTP WFTest November 28\NERW1P#ellfieldScope 1.13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 15 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 . Environmental impacts, including characterization of wetlands, evaluation of habitat and review of possible conflicts with state or federal threatened or endangered species. Characterization of wetlands at proposed well sites shall be performed by subconsultants. . Location of Environmental Hazards as defined by FDEP regulations around the proposed site. . Setback requirernents. . Permitting cornplexity. . Favorable locations for wells (minimum well spacing). . Potential for conflict with archaeological or historic sites, based on existing data. . Potential for contaminated soil or groundwater, based on a review of recorded hazardous sites. 6. C.2.2 Field Reconnaissance Consultant shall conduct a field reconnaissance of the proposed well sites and conduct preliminary environmental assessments to deterrnine the permitability of each site. In addition, a hazardous site survey as identified by FDEP regulations shall be conducted for each site from recent aerial photography and confirmed in the field. A Page 12 of 19 O:\Collier County\November 2005 ScopeS\CollierScope11-28-0SISeclion2_1_NERWTP WFTesl November 28\NERWTPNelllieldScope 1.13.06.doc Agenda Item No. 16C5 February 14, 2006 Page 16 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 6.C.2.3 Transmission Main Route Study Consultant will identify up to 15 potential well sites and 3 potential alternative routes for pipelines from potential well sites to the location of the NERWTP site. Routes will be selected by review of aerial photography, field reconnaissance and other information listed below. Consultant will collect and assemble available data, including mapping, GIS data, utility data, property data, background information and pertinent studies and evaluate each of the short-listed alternatives under the following criteria at a minimum: . Coordination with the local electrical utility to determine availability of service. . Coordination with the design consultant for the NERWTP. . Cost. . Long-range planning/consistency with future projects. . Safety considerations. . Public acceptance. . Maintenance accessibility. . Use of public rights-of-way. . Conflicts with existing utilities. . Environmental impacts, including characterization of wetlands along potential main routes, evaluation of habitat and review of possible conflicts with state or federal threatened or endangered species. Characterization of wetlands along A Page 13 of 19 Q:\Collier County\November 2005 Scopes\CollierScope11-28-05\Seclion2-1_NERWTP W FTest November 28\NERWTFVI'ellfieldScope 1-13-06_doc Agenda Item No. 16C5 February 14, 2006 Page 17 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 proposed main corridors will be accomplished by use of aerial photography and supplemented by limited ground truthing. Evaluation of habitat will be accomplished by FLUCCS codes rnapping. Clearinghouse data for threatened and endangered species will be verified by field evaluation. . Property requirements, including well sites and permanent and temporary easements for mains. . Permitting complexity. . Favorable locations for wells. . Proposed County road improvement projects. . Traffic impacts. . Potential for conflict with archaeological or historic sites, based on existing data. . Potential for contaminated soil or groundwater, based on a review of recorded hazardous sites. . Requirernent for special construction method requirements, such as subaqueous crossings, jack and bore, and microtunneling. 6. C. 2. 4 Summary and Ranking of Alternatives Consultant will evaluate the alternative pipeline routes by weighting the evaluation criteria and ranking each alternative. Public input will be included in the evaluation through consideration of the public and County input as to the establishment of A Page 14 of 19 Q:\Collier CountylNovember 2005 ScopeslCollierScope11-26-0S\Section2.'_NERWTP WFTest November 2B\NERWTPlNellfieldScope '-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 18 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 ranking criteria and relative weighting of the ranking criteria through the Public Information and Involvement Task (see Task A.3). Consultant will summarize the criteria weighting and alternative ranking in a table. 6.C.2.5 Other Transmission Main Evaluation Services Consultant will determine requirements for surveying, aerial photogammetry, geotechnical investigations, and utility location surveys. Identify permanent and temporary easements required for the pipeline alternative routes. Consultant will provide County with list of parent parcels for which to acquire title commitrnents. County will provide title commitments for requested parcels. 6.C.2.6 Technical Memorandum Consultant will prepare one draft technical memorandum (10 copies) for the County for review and comment. The technical rnemorandum will summarize the results of Tasks 6.C.2.1, 6.C.2.2, 6.C.2.3, and 6.C.2.4. This technical memorandurn will be a summary of the well field configuration's main route selection process, and electrical distribution requirements and will summarize the methods, materials and results of the ranking process, and will contain a recommendation forthe optirnum route. The Consultant will prepare one final technical memorandum (10 copies) after receiving, reviewing and incorporating County comments. A Page 15 of 19 Q:\Collier County\November 2005 Scopes\CollierScope11-28-0S\SeClion2-1_NERWTPWFTest November 28\NERWTPNellfieldScope 1 -13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 19 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 6.C.3 PROPERTY ACQUISITION SUPPORT 6.C.3.1 Consultant Responsibilities The Consultant will provide property acquisition services at costs agreed upon by the County and Consultant and as authorized by the County. Services shall be provided on a Time and Materials basis and may include the following: · Attend meetings with property owners and County as requested by County. · Provide aerial rnaps and right-of-way maps with proposed easements as required. · Assist in preparation of Executive Summaries for BCC adoptions. · Assist in presentations to BCC for adoptions and approvals required for land acquisition. · Condemnation assistance as necessary, including preparation for and attendance at condemnation hearings. 6.C.3.2 Surveying Services for Land Acquisition The Consultant will provide surveying services at costs agreed upon by the County and Consultant and as authorized by the County. Consultant rnay retain the A Page 16 of 19 O:\Collier Counly\Novamber 2005 ScopesICollierScope11-2S-05\Seclion2_1_ NEAWTP WFTest November 26\NERWT'PINellfieldScope '-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 20 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 services of a qualified, experienced land surveying firm to provide legal descriptions and acquisition sketches required for land acquisition for the transmission main as described herein. Land surveying services will be performed under the direction and control of a Florida Registered Professional Land Surveyor and will be in accordance with Chapter 21 HH-6, Florida Administrative Code: Minimum Technical Standards for Land Surveying. 6.CA. PROJECT PUBLIC INFORMATION SUPPORT Consultant will provide assistance and coordination related to Public Information and Involvement including but not limited to: o Preparing graphics and boards for public meetings o Writing and reviewing white papers o Attending Public Meetings o Responding to public concerns regarding the project o Providing technical support. 6.C.5. ADDITIONAL SERVICES A Page 17 of 19 Q:\Collier CountylNovember 2005 ScopeS\COllierScope11-28-05\Section2-1_ NERWTPWFTesl November 28\NERWTPoNellfieldScope 1-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 21 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 The Consultant will provide additional services at costs agreed upon by the County and Consultant and as authorized by the County, which may arise during the course of or following the implementation of the NERWTP expansion wellfield investigation. Professional services can be provided under this item. Compensation to the Consultant for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the County's Project Manager in advance of performance of said Additional Services. Out of scope services must be identified by the Consultant prior to the performance of the work. Additional authorization from the County will be required for any charges that exceed the predetermined upper limit. A Page 18 of 19 Q:\Collier County\November 2005 ScopesICollierScope11-28..QS\Seclion2-1__NERWTP WFTest November 281NERWTPWellfieldScope 1-13-06_doc Agenda Item No. 16C5 February 14, 2006 Page 22 of 24 Attachment A Contract Number 04-3593, Work Order 06-01 Northeast Regional Water Treatment Plant Test Program for Wellfield Expansion November 28, 2005 PROJECT TASK COST SUMMARY 6.C.1 Data Collection and Analysis $250,418 ll.rrpSum 6.C.1.8 Well Construction Supervision $ 56,923 T&M 6.C.1.9 Drilling Procurement Coordination and Assistance $ 4,408 T&M 6.C.2 Wellsite and Raw Water Transmission Main Route Evaluations $250,446 T&M 6.C.3 Property Acquisition Support $174,364 T&M 6.CA Project Public Information and Involvement Support$ 15,216 T&M 6.C.5 Additional Services $ 75.000 T&M Total: $826,775 A Page 19 of 19 O:\Collier County\November 2005 Scopes\CollierScope11-2S-QS\seclion2-'_NERWTPWFTest November 2B\NERWTPV'JellfieldSCope 1-13-06.doc Agenda Item No. 16C5 February 14, 2006 Page 23 of 24 Project Name: Northeast Regional Water Treatment Plan Test Program for Project No. 70899 Expansion .i:>......:.'>..r FY07 ...r\r...'...>..>,.....> 2006 2007 2008 -- EVENT Cost Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Test Well Drilling and I Analysis $256,276 . Wellsite and Raw Water Transmission . Main Route $515,026 . Evaluations and Support Services I I Subtotal $771,302 I I Test Well Drilling $625.000 1 NERWTP WF Design and $65,000,000 ..... I : I I I I Constrction rrnmokalee Road Raw $7.235,860 .1 I..:. J 1 I L.. I.. Water TM Construction Project Total $73,632,162 Action Re uired: R&commandation to aWllrd Worll Order CDM- La and FT -3593-06-03 with Camp, Droner, and McKee, Inc., for This A erldal1ern profellllionalhydrGgeologicandengilllleringseMcestorwell .... OfherA endalterns siteevlIIWltionandlransmi""ionmainstudyforvnter$upply for the next phase of oovelopmenl !Qr!hlt NERWTP thlt amQunt of$aZ6,775,ProjltctNumber7118911. WORK ORDER # CDM-FT-3593-06-03 Agreement for Professional Engineering Services Contract #04.3593, Dated June 8, 2004 Agenda Item No. 16C5 February 14, 2006 Page 24 of 24 This Work Order is for professional engineering services for work known as: Project: Northeast Regional Water Treatment Plant Wellfield - Test Program for WellfHed Expansion The work is specified in the proposal dated November 28, 2005, which is attached hereto aod made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM.FT-3593-06-03 is assigned to Camp, Dresser, & McKee, Inc. Scone of Work: Provide services to identify potential well sites and transmission corridors to assist in property acquisition and development of the next phase of water supply wells the following work inclndes: (a) Identify test well locations, (b) Preparing well drilling specifications and drill test wells, (c) Analyze test well data, and (d) Identify potential well sites and transmission corridors. Schedule of Work: Complete work within 84 weeks from receipt of the Notice to Proceed. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a task is time and material. use the established hourly raters) as enumerated in Schedule "A" of the Agreement). Services Original Compensation Task 6.C.l Data Collection and Analysis $194,945 lump sum Task 6.C.1.8 Well Construction Snpervision $ 56,923 time and materials Task 6.C.1.9 Drilling Procurement Coordination and Assistance $ 4,408 time and materials Task 6.C.2 Well Site and TM Route Evaluation $250,446 time and materials Task 6.C.3 Property Acquisition Support $174,364 time and materials Task 6.C.4 Public Information and Involvement Assistance $ 15,216 time and materials Task 6.B.5 Additional Services $ 75,000 time and materials Total $771,302 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an a.dd~tion~d charged according to Schedule "A" of the Agreement. PREPARED BY: ~IO" \ -'2S0 - 0(....., Alicia Abbott, PUED, Project Manager Date APPROVED BY: James W. DeLany, P.E.. Public Utilities Administrator Date Approved as to Form and Legal~iCiency' /./ J6'/ ~b ACCEPTED BY: w~'';::'''1lJ'' 1<1. /r.. .. Old,~ 1~ Date: {- C)€J -O~ By: w,~ W. KirlC Martin. lient Officer Camp Dresser & McKee, Inc. Fund: 411 CC,27351 J OIL Account:631400 Project Number:70899 Agenda Item No. 16C6 February 14, 2006 Page 1 of 13 Executive Summarv Recommendation to award Work Order CDM-FT-3593-06-04 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and engineering services related to the reliability water supply wells for the North County Regional Water Treatment Plant in the amount of $975,026.00, Project Numbers 71006 and 71011. OBJECTIVE: The public purpose of these wells is to provide reliable water supply for the North County Regional Water Treatment Plant (NCRWTP) to meet operational and reliability needs and demand in Collier County and to stay in compliance with regulatory requirements. This work will support property acquisition of well sites and transmission corridors for the reliability water supply wells. CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 (D), the Board of County Commissioners (the "Board") adopted the 2003 Water Master Plan Update, which identified requirements and implementation plans for the NCRWTP and water supply well field. The project includes design and construction of 13 reliability wells for the NCRWTP, as well as investigations for siting potential well sites and transmission corridors, and design and construction of future reliability wells. These water supply reliability wells will draw from the Zone 1 and Lower Hawthorn Aquifer. On June 8, 2004, Agenda Item 10 (D), the Board approved a Professional Engineering Services Agreement 04-3593, with Camp Dresser & McKee, Inc. for professional services related to development of County Wellfields and Work Order 04-0 I, Sections 4 and 5, for preliminary geologic investigation, test well construction, aquifer testing for reliability wells for the NCRWTP. This phase of the project will identify additional potential well sites and transmission corridors and assist in property acquisition and development of reliability water supply wells for the NCRWTP. The following work will be done: (a) Site evaluation, (b) Test well drilling, (c) Transmission main study, and (d) Property acquisition support. This phase of the NCRWTP reliability wellfield project is part of the County long-term water supply goals. The scope of work is described in Attachment A. On October 12,2005, the SFWMD approved $1,000,000 of grant funding to be applied to the following NCRWTP well projects: I) Reliability Wells lOIN and 102N, 2) Reliability Wells] 8N, 19N, and 20N, and 3) Zone I and Lower Hawthorn Reliability Extension Test Wells (this Agenda Item). The requirement of the grant funding is that the work needs to be completed and invoiced by August I, 2006, to receive the grant funding. Agenda Item No. 16C6 February 14, 2006 Page 2 of 13 Staff has negotiated scope and fees that are fair, reasonable, and commensurate with engineering services for well field reliability, improvement and expansion as outlined in Fixed Annual Term Contract #04-3593. The Clerk of Courts and Finance Department have reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMPACT: Funding is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in Fund 412 User Fees, between Project 71011 _ New Zone 1 Hawthorn Wells, and Project 71006 - NCRWTP RO Wellfield Reliability. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order CDM-FT-3593-06-04 to Camp, Dresser, and McKee, Inc., in the amount of$975,026.00. 2. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's Office. PREPARED BY: Alicia Abbott, Project Manager, Public Utilities Engineering Department. Item Number: Item Summary: Meeting Date; COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Agenda Item No. 16CB Fabcuary14.2006 Page3of13 l6C!> Recommendalion 10 award Work OrdecCDM.FT-3593.06-04 with Camp, Drener, and McKee, Inc., forprole!l&ional hydrogeologic and engineering ~ei'lice&relatedtothe reliability water supply wefl$ lor the North County r~egional Water Trealment Plant in the amounl ot S975,026,ProJoCl Numbors71D06a-nd 71011 Z/14i21}(Jt9:0D:OOAM """ P'.epared By AliciuAbbl>tl,E.l. Publkutlliti..s Pf,-,j"~tM..n"ll..r Public Lltilllj..5 Enllineerillg 1!H1I2(l063;4JA~PM 0.00 Approved By Pamela Libby PubhcUlIliU... W.t"rOp'1r"'ti<l,,~Man"-'le' Walur 11231201169;11AM "", Approved By Willi.....O.Mullin.I'E PublkUtilitiu PrinciP""1 Project M~nall'" P"hbc Util;ties Enlll""..ring 1:2~12(1%l:35PM Dalc Approved By "nyB.Ande'$nn,P.E. PublicUUllti"s P"btkUlilltie~E"'iI'n""riny mreL10r Public Ulflil:ie~ Ensineerill1jl 1/24J101161Z:52PM ,~ Approved By Th"ml",W1d,,~ PublicUilltb.." ap"."tio-n~Oj...ct"r PtihlJcutimi,,~Op..nrti"n.' 1!2tt200ll1:14l'M """ ApPl"llVedRy P",,,) Matta"".;11 PubticUtitlti"" W~i<l,Djn;'L1.cr W.lllr 1121i1~l)lHi1;Z2f'M "", Approved By LynW",," ":'dllli"il!1:mtiv"S.....,cu P"rd,,,,,illllA\!..n1 PUrdl,.~in!l 1131120M7:46AM 0.. Approved By St",,~C.."'..tt Al!m;nist",tlveS"""ic~ P";cl"'~inwG''''..r''-IS,,&''' Direct". Purd"'~inll 1I31!2111lll1:3nPM """ App,.ovedBy Jame$ W. O"L,my PuhhcUtiliti",. Puhhr. UtHlti"s Administrlllor Publir. UtllW"s Admillistrlllion l11iZQ06-."1:42PM "''' Approved By OMBCl>ordimrtor Cou"ty M"-llllg",'S OffiCii' '\\tminis!'lIff\leA~,.j&la,.,t Oflre>:! lit Mallllg"me<1' & Bullwrt 2IaJ2UO&8;51 AM D.. App,.o\'ed By SusilnUsher County M.,.,all~"'J;Ofjic... S,,"'i,,'M#"~!lemGntIHut!g"'tA"''''lyst Officll-ol M"naqll-m..nt& Budll"t 2!e/2Cl063:l4PM """ Approved By L~t>E.Ocll$.Jr. Baardof Ct>unty Comrn;~"i<m!trs O'lJUlt)' C<>unty Ma"ll!:lar County M:iln"g""'~ Office 1mZlX)65;$4PM Agenda Item No. 16C6 February 14, 2006 Page 4 of 13 Attachment A Contract Number 04-3593 Work Order 06-01 Collier County WBS 71006/71011 BRACKISH WATER SUPPLY RELIABILITY IMPROVEMENTS HAWTHORN ZONE 1 AND LOWER HAWTHORN WELLFIELD PHASE II November 28, 2005 INTRODUCTION Wellfield reliability is a key component of the Collier County municipal water supply plan. Twenty Lower Hawthorn Aquifer supply wells have already been constructed to develop the existing wellfield. Additional production wells are necessary to increase the reliability of the brackish water supply for the North County Regional Water Treatment Plant (NCRWTP). In addition to enhancing reliability, the additional wells may be used to reduce stress on the aquifer and improve overall wellfield perforrnance. Two projects, the Mid-Hawthorn Aquifer Wellfield-Testing, Design and Permitting and Lower Hawthorn Wellfield Extension Test Well Program and the Hydrogeologic Investigation, were authorized in June 2004 under Contract Number 04-3593, Work Order 04-01 to evaluate potential locations for additional brackish water reliability wells. Funds for well drilling services were not included in the budgets for these projects. The purpose of this proposed project is to provide funding for drilling services for the Mid-Hawthorn and Lower Hawthorn investigations that were authorized in A Page 1 of B O:\Collier COL.lrlly\NO\/ember 2005 Scope$IColl,erSoope11-28.QSISa<;liool-5_Brackish November 2B\Brackish Water Supply Reliabil~y ImpJU\lemenls "-28-D5.doc Agenda Item No. 16C6 February 14, 2006 Page 5 of 13 Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 2004 and determine locations of connecting raw water transmission mains. This scope of services consists of drilling services to complete the installation of the four test wells for the assessments at the east (Mystery Well site) and north (Heritage Bay) test sites as requested by Collier County. In addition, this scope includes wellsite and raw water transmission rnain route evaluations, and property acquisition support. SCOPE OF SERVICES This scope of services is comprised of the following tasks: 4 & 5.B.1 4 & 5.B.2 4 & 5.8.3 4 & 5.8.4 Test Well Drilling Wellsite and Raw Water Transmission Main Route Evaluations Property Acquisition Support Additional Services 4 & 5.8.1 TEST WELL DRILLING As requested by the County, this task covers the installation of four test production wells. These are: . Two 12-inch diameter test production wells at the North (Heritage Bay) test site. One test production well will be completed in Hawthorn Aquifer Zone I. The second test production well will be open to the Lower Hawthorn Aquifer and underlying strata of the Upper Suwannee Limestone. A Page 2 of 8 O:\Collie' CountylNovember 2005 ScopesICoRier$cope11-2S-OS\$eclionl--5_Brackish Novembef 28\Brackish Wale, Supply Reliebil~y ImprOll",nenls 11-28.(lS_doc Agenda Item No. 16C6 February 14, 2006 Page 6 of 13 Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 . Two test production wells at the East (Mystery Wells) test site. One test production well will be completed in Hawthorn Aquifer Zone I. The second test production well will be open to the Lower Hawthorn Aquifer and underlying strata of the Upper Suwannee Limestone. This includes packer tests on the Lower Hawthorn well at the North (Heritage Bay) test site, geophysical logging (gamma ray and caliper) of each well and a 24-hour aquifer performance test of each well. Water quality testing is not included in this scope. 4 & 5.B.2 RAW WATER TRANSMISSION MAIN ROUTE EVALUATIONS Prepare a study and report of alternate routes for the raw water transmission mains. Evaluations of wellsite locations are not included. Descriptions of the tasks to be performed are described below. 4 & 5.8.2.1 Transmission Main Route Study Identify up to 3 potential alternative routes for pipelines from well sites at the east (Mystery Well) location to the location of the NCRWTP site. Alternative routes from the North (Heritage Bay) site will not be evaluated. Routes will be selected by review of aerial photography, field reconnaissance and other information listed below. The level of effort in evaluating alternative routes will be minimized as rnuch as possible through continuing coordination and consultation with the Collier County Department of Transportation. Collect and assemble available data, including mapping, GIS data, utility data, property data, background information and pertinent A Page 3 of B O:\Collier CountylNoverrber 2005 Scop"s\CollierScope11-23-05\Seclion1 .5_BrackOsh November 28\Brackish Weier Supply Reliability Improvements 1 '.2B.(l5_00c Agenda Item No. 16C6 February 14, 2006 Page 7 of 13 Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 studies and evaluate each of the short-listed alternatives under the following criteria as appropriate: . Availability of electrical service (none at present time). . Availability and cost of the property. . Proximity to the NCRWTP. . Long-range planning/consistency with future projects. . Safety considerations. . Public acceptance. . Maintenance accessibility. . Conflicts with existing utilities. . Environmental impacts, including characterization of wetlands, evaluation of habitat and review of possible conflicts with state or federal threatened or endangered species. Characterization of wetlands at proposed well sites shall be performed by a subconsultant. . Location of Environmental Hazards as defined by FDEP regulations around the proposed site. . Setback requirements. . Permitting complexity. . Favorable locations for wells (rninimum well spacing). . Potential for conflict with archaeological or historic sites, based on existing data. . Potential for contaminated soil or groundwater, based on a review of recorded hazardous sites. A Page 4 of 8 O'\Colller Co<mly\November 2Q05 ScopeslCoIliBrScO\lB11-28-05\Seclionl--5_B,ackish November 28\B'aCklsh Waler Supply Aeliab~;!y Improvemools 1 j.26{)S.ooc Agenda Item No. 16C6 February 14, 2006 Page 8 of 13 Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 4 & 5.8.2.2 Field Reconnaissance Conduct a field reconnaissance of the proposed well sites and conduct preliminary environmental assessments to determine the permitability of each site. In addition, a hazardous site survey as identified by FDEP regulations shall be conducted for each site from recent aerial photography and confirmed in the field. 4 & 5.8.2.3 Summary and Ranking of Alternatives Evaluate the alternative pipeline routes by weighting the evaluation criteria and ranking each alternative. Public input shall be included in the evaluation through consideration of the public and County input as to the establishment of ranking criteria and relative weighting of the ranking criteria. Summarize the criteria weighting and alternative ranking in a table. 4 & 5.8.2.4 Other Transrnission Main Evaluation Services Determine requirements for surveying, aerial photogammetry, geotechnical investigations. and utility location surveys. Identify permanent and temporary easements required for the pipeline alternative routes. Provide County with list of parent parcels for which to acquire title commitments. County will provide title commitments for requested parcels. 4 & 5.8.2.5 Technical Memorandum Prepare one draft technical memorandum (10 copies) for the County for review and comment. The technical memorandum shall summarize the results of Tasks 4 & 5.8.1.1, 4 & 5.B.1.2, and 4 & 5.B.1.3. This technical memorandum shall be a summary of the wellfield configuration and main route selection process, and A Page 5 of 8 O:\Collier CoontylNovombe, 2005 ScOfles\CollierScope11-2S-OS\Sec1IL1n' .5_Brack;sh November 2lI1Brackish Waler Supply Reliebilily Imp'ovemools 11-2B.QS.doc Agenda Item No. 16C6 February 14, 2006 Page 9 of 13 Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 electrical distribution requirements and shall summarize the methods, materials and results of the ranking process, and shall contain a recommendation for the optimurn route. Prepare one final technical memorandum (10 copies) after receiving, reviewing and incorporating County comments. 4 & 5.B.3. PROPERTY ACQUISITION SUPPORT 4 & 5.8.3.1 Consultant Responsibilities Provide support services on a Time and Materials basis for the following: . Attend meetings with property owners and County as requested by County. . Provide aerial maps and right-of-way maps with proposed easements as required. . Assist in preparation of Executive Summaries for Board of County Commissioners (BCC) adoptions. . Assist in presentations to BCC for adoptions and approvals required for land acquisition. . Condemnation assistance as necessary, including preparation for and attendance at condemnation hearings. 4 & 5.8.3.2 Surveying Services for Land Acquisition Retain the services of a qualified, experienced iand surveying firm to provide legal descriptions and acquisition sketches required for land acquisition for the transmission main as described herein. Land surveying services shall be perforrned under the direction and control of a Florida Registered Professional Land Surveyor and shall be in accordance with Chapter 21 HH-6, Florida Adrninistrative Code: A Page 6 of 8 O:\Coiier CountylNovemb", 2005 Scof>l!SICollier$oope1' -28-05\$echonl-5_ Srac~ish November 28\Brac~ish Water Supply Reliabil~y Improvements 11-28.o5.doc Agenda Item No. 16C6 February 14, 2006 Page 10 of 13 Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 Minimum Technical Standards for Land Surveying. Boundary surveys for land acquisition for the transmission main are not included in this scope of services. 4 & 5.BA. ADDITIONAL SERVICES Provide additional services at costs agreed upon by the County and Consultant and as authorized by the County, which may arise during the course of or following the implementation of this Scope of Services. Compensation to the Consultant for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the County's Project Manager in writing in advance of performance of said Additional Services. Out of scope services must be identified by the Consultant prior to the performance of the work. Failure to notify the County in writing of out of scope services will be deemed a waiver of any claim by Consultant that such services were out of scope services. Additional authorization from the County shall be required for any charges that exceed the predetermined upper limit. A Page 7 of 8 O:\C<lllier CounlylNovernber 2005 SC;OpesIConierScope11-28-05\SectI(>(11-5_B,ackiah November 28\Brackish Waler Supply Raliabil~y Improvemenls 11.2B-05.doc Attachment A Contract No. 04-3593 Work Order 06-01 Brackish Water Supply Reliability Improvements November 28, 2005 4 &5.B.1 4 & 5.B.2 4 & 5.B.3 4 & 5.BA A COST SUMMARY Test Well Drilling (including QAlQC) Wellsite and Raw Water Transmission Main Route Evaluations Property Acquisition Support Additional Services Agenda Item No. 16C6 February 14, 2006 Page 11 of13 $788,402 T&M $61,864 T&M $89,760 T&M $35,000 T&M Total: $975,026 O,I.Collier CourrtylNovember 2005 ScopeslColllerScope11-26.05\SocUool-5 J3rackksh November 28\6radish Waler Supply Fleliabil~y Improvements 11.28.Q5_<bc Page 8 of 8 Agenda Item No. 16C6 February 14, 2006 Page 12 of 13 Project Name: Investigation and Evaluation for the Zone 1 and Projects No. 71006 &71011 lower Hawthorn Reliability Extension FY07 FYOB 2006 I 2007 I 2008 -- EVENT Cost Qtr1 Qlr2 Qtr3 Qtr4 Qtr1 Qtr2 QIr' Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 . Test Well Drilling $788,402 I Well Site and Raw Water Transmission $186,624 Main Investigations . . Subtotal $975,026 I II Collier Boulevard (951) Raw Water TM $1,600,000 Construction (By Others) Total $2,576,026 Action Required: RQCOfflloondation to award Work Order CDM-f1'-359!..06-04 wlth Camp, Dl'&$ser, and McKee, Inc., for profanlOJ141 hytirogaologlc and ooglneering ,ervica, telatad to ttKl rellabfllty watur supply wells for the North County Regional Water Trelltment Plant in the amount 01' $975,026. Project Nurnbers 71006 IInd 71011. WORK ORDER # CDM-FT-3593-06-04 Agreement for Professional Engineering Services Contract #04-3593, Dated June 8, 2004 Agenda Item No. 16C6 February 14, 2006 Page 13 of 13 This Work Order is for professional engineering services for work known as: Project: NCRWTP Zone 1 and Lower Hawthorn Reliability Wells Extension - Investigation and Evaluation. The work is specified in the proposal dated November 28, 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 #CDM-FT-3593-06.04 is assigned to Camp, Dresser, & McKee, Inc. Scope of Work: Provide services to identify potential well sites and transmission corridors and assist in property acquisition and development of reliability water supply wells for the NCRWTP, The following work will be done: (a) Site evaluation, (b) Test well drilling, (c) Transmission main study and (d) Property acquisition support. Schedule of Work: Complete work within 76 weeks from receipt of the Notice to Proceed. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Services Original Compensation Task 4 & 5,B,1 Test Well Drilling $788,402 time and materials Task 4 & 5.B,2 Well Site and TM Route Evaluation $61,864 time and materials Task 4 & 5.B.3 Property Acquisition Support $89,760 time and materials Task 4 & 5.B.4 Additional Services $35,000 time and materials Total $975,026 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: \\--~OA <1..~\ ~ ~.2'-1~tlb Alicia Abbott, PUED, Project Manager Dat APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Date Approved as to Form and Legal Sufficiency: I -li ~J ACCEPTED BY: Date: -;-;;;~ to. - ~ W. Kir Martin, lient Officer Camp Dresser & McKee, Inc. By: Fund: 412 CC,2735t2 G/L Account:631400 Project Number:71006 & 7101 t Agenda Item No. 16C7 February 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment for $68,420.75 for South County Water Reclamation Facility Process Control Building Expansion (Project 72509) to reimburse the amount that did not roll forward from fiscal year 2005 to fiscal year 2006. OBJECTIVE: To approve a Budget Amendment for $68,420.75 for the South County Water Reclamation Facility Process Control Building Expansion Project 72509. CONSIDERATIONS: On October 1, every year for capital projects, the financial systern (SAP) automatically rolls forward the entire unspent budget from the previous year and posts this budget into the new, current year's project. On September 28, 2005, a goods receipt was prepared to pay EHC Inc., the construction contractor, $68,420.75. In SAP, a goods receipts transaction reduces the available budget. Therefore, when Finance rolled forward the unspent project budget on October 1,2005, this $68,420.75 did not roll forward to fiscal year 2006. On October 7, 2005 the $68,420.75 goods receipt was canceled, and SAP increased the available budget in FY05 instead of FY06. A Budget Amendment is now needed to increase the FY 2006 budget by $68,420.75. EHC, Inc. was paid in October, the expenditure posted toFY 2006, creating a short fall in the South County Water Reclarnation Building Expansion Project 72509. The funds need to be reinstated in the current year to cover the reimbursement FISCAL IMPACT: A Budget Amendment is needed to recognize $68,420.75 in Carryforward revenue and to increase the South County Water Reclamation Building Expansion Project by the same. Source of funds is Sewer User Fees. Fund 414. GROWTH MANAGEMENT IMPACT: None RECOMMENDA TlONS: That the Board of County Commissioners, as Ex-officio governing board for the Collier County Water-Sewer District approve a Budget Amendment in the amount of $68,420.75. PREPARED BY: Dayne Atkinson, Project Manager, Public Utilities Engineering Department Item Number: Item Summary; Meeting Date: Agends Item No. ,flC7 February 14,2006 P2ge2of5 COLLIER COlJNTY BOARD Of COUNTY COMMISSiONERS l6Ci Recommendation 10 approve a Budgel Amendment lor $66.420,75 for South County Water ReClalOlllion FaciHlyProcess Control Buildirrg8;pans,on (pruject 72509jlOreimbuf&e muneylhal did nOT roil torwaflj from !iscal yoer 2005 to fiscal yaar20a G 2!14/20069;OO;OOAM ,"w P,'ep.,'edDy o"YIleAtl<lnson PUlJlicUtlUtlw; Proj.octMllllag..r PUlllic Ulililie. Engin.....lull tlt712Gll&3:07:49PM ""'. Approved By William O. Mullin,PE PlIbli~ Ulflilin PrincipalPr"jedManagur PublicUlilitiflsE"gi"....rin'l 1:231Z0064:27PM DoW Approved By Ro~ B.Andersall, P.E. PublicUtilitifls Public Utiliti"s Eugin....'i"U Oir<l\:\I>, PIlblic Utllltias En9i"Kriog 1126J;!.IlO~ 5:17 PM OatR App,'oved Oy St"""c",m..lI A<lminimr",ivaS..rvi"..s Purchasing/Generlll sv".~ Directo. f'urchi/lsing lIlal2()(lll 7:56 PM o..W Approved By Thoma:oWid"s PubliciJIilitle$ Opel'lltiMsOiroctor Pllbliclllil~i"$ OpE-rations V17121lO62:15PM 0..<0 Approved By G.GI!oryeYilmlll Pllb!icUtiliti.... Intt'rimWi>$l.<!W..t<l,Dir"ctor Wastt'Water UV2ll11&4:20PM D.w ApprO"l'd By ,)mnesW.O<lLOIlY Pull!,,, Utilities PulllicutiHb.."Actminlstralllf P"bli,: U1iliti.... Ad'ninlstwlwo Z/!1200tiHU6AM Date ApP"/lved By O"\!lCollrdio,"'Of GountyM"""ger'sOtfi"f> Arlmi",str>l!i"oAssistlllllt Oflk..ofMall;otlllm<>nt~B",I!lrt 21G/2006l'.:,SAM D... APPI'ovcdB}' SU"lIlnUsher CnunlyM""IIl!1"r'sOfficlt S"",orMa"agem.."tlBudgiltAnalyst Offica of Ma""lJ<!mem & Bu<l{ll!t m12t1OG1,5fiPM D.w App,'oved By UoE.Oth:s;,Jr. BnuuefC"uoty C"'nm"""i"n~'" DlOputy C"Ullty Mallager C"mltyM"oa\1.r'r.Offi~e ll7l1006S:17PM Agenda Item No. 16C7 February 14, 2006 Page 3 of 5 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA# JE# BAR#". APH Date.. 414 Fund Number Wastewater Capital Project Fund Fund Description Date Prepared: 1/17/2006 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Combined Wastewater Capital Projects SCWRF Process Control Bldg. Expansion Fd Ctr No.: 263614 WBS No.: 725091 (Provide the Fund Center or WBS element information: it is not reouired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Bud!!et 263614 725091 762200 Building Improvements $68,420.75 $853,577.46 $921,998.2 ] Net Change to Budget $68,420.75 Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element infonnation; it is not reouired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Bud!!et Net Change to Budget Expense Budget Detail Fd Ctr No.: WBS No.: Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element infonnation: it is not relluircd to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Bud!!et Bud!!et Net Change to Budget Agenda Item No. 16C7 February 14, 2006 Page 4 of 5 Revenue Budget Detail Fund Center Title: WBS Element Title: Reserves Reserves Fd CtrNo.: 919010 WBS No.: 994141 (Provide the Fund Center or WBS element information; it is n01 required to rovide both_) Fund WBS Commit Commitment Item In crease Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 919010 994]41 489200 Carry Forward $68,420.75 $11,221,800.00 $11,290,220.75 Net Change to Budget $68,420.75 EXPLANATION Why are funds needed? On September 28,2005, a goods receipt was prepared to pay EHC Inc. $68,420.75. In SAP, a good receipts transaction "spends" budget, therefore when Finance rolled forward the unspent project budget budgets on October], 2005, this $68,420.75 did not roll forward to fiscal year 2006. On October 31,2005 the $68,420.75 goods receipt was canceled, and SAP increased the available budget in FY05 instead of FY06 Kelly, execute CJCO for this project. And than post the Carryforward side of the BA with your normal BA transactions. Where are funds available? Funds are available in the same fund, carry forward. REVIEW PROCESS DATE I Cost Center Director: Division Administrator: Budl!et Department: Al!encv Manal!er: Finance Department: Clerk of Board Admin,: Input by: B.A. No.: Agenda Item No. 16C7 February 14, 2006 Page 5 of 5 Agenda Item No. 16CB February 14, 2006 Page 1 of 14 Executive Summarv Recommendation to award Work Order CHM-FT-3291-06-01 under Fixed Term Contract 01-3291 to CH2M HILL, Inc. in an amonnt of $31,000.00 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendment in the amount of $100,121.00 for Project Number 73966, NCWRF Bleach System. OBJECTIVE: To obtain Board approval to award a work order to engineering finn CH2M Hill, Inc. under Fixed Annual Term Utilities Engineering Contract 01-329], and to obtain Board approval of the necessary Budget Amendment in the amount of $]00,J21.00 to fully fund approved purchase orders for Project Number 73966. CONSIDERATION: The public purpose is to enhance the reliability and safety of the chlorine bleach system at the North County Water Reclamation Facility (NCWRF) and to enhance the operator ability to manage and control the amount of bleach that each chlorine contact chamber receives to ensure compliance with regulatory provisions. This work order and budget amendment will continue to enumerate costs as they develop and become more defined in relation to the Board of County Commissioners approval of Agenda Items 16 (C) (2) & 16 (C) (3) on December 13th, 2005, as attached. The Project 739661, NCWRF Bleach System Reliability Upgrades, is contemplated in the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (C) on May 25, 2004. Project 73966, NCWRF Bleach System Reliability Upgrades, was already planned and designed when a critical failure occurred to the bleach system causing the need for emergency repairs. Emergency purchase orders (EPO Z0600], Z06002, and Z06003) were written to provide a temporary solution to this critical failure of the bleach system. The total cost associated with this work order is $3 I ,000.00 in time and materials. Additional funding of $53,831.00 is necessary to fully execute EPO Z0600 1, and additional funding of $ 1,400.00 is needed for permitting fee requirements. There will also be an allowance of $ I 3,890.00 to address 3 additional months of temporary Baker tank storage for bleach at the NCWRF. ITEM COSTS Funding for CHM-FT-3291-06-01 $ 31,000.00 Additional Funding for EPO $ 53,83 I .00 Additional Funding for Permitting $ 1,400.00 Allowance for Baker Tank Storage $ ] 3,890.00 Total $100,121.00 Agenda Item No. 16CB February 14, 2006 Page 2 of 14 Staff has reviewed the proposed scope of services and associated fees and considers the total compensation to be fair and reasonable based upon the resources required for performance of the services. The Clerk of Courts & Finance Department, has reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMPACT: The total cost associated with this executive summary is $100,121.00. These funds are available in the FY06 Capital Budget approved by the Board of County Commissioners on September 27, 2005. Funding source is 414, Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order CHM-FT-3291-06-01 in the amount not to exceed $31,000.00 to provide Construction Engineering Inspection services for bleach construction project to serve the North County Water Reclamation Facility (NCWRF) to CH2M Hill, Inc. 2. Approve the necessary Budget Amendments in the amount of $1 00, 121.00. 3. Authorize the County Manager or his designee to execute the approved work order. PREPARED BY: Richard Cannyn, PMP, E.I.T. Project Manager, Public Utilities Engineering Department. IlemNumber: Item Summary: MaellngDale: p,genda Item No. 16C8 February 14, 2006 Page3of14 COLLIER COlJNTY SOARD OF COUN1Y COMMISSIONERS 15CB Recommendation to award Work Order CHM.FT-3291.06_Dl under Fixed Term ConlrO!;! 01- 3291 to CH2M HILL Int. in en amount of $31,OOO,(JO for Time end Metenalslo provide Construc[iall Engmeerlrlg Inopection services to serve the North COUrlty Water Rl>Clamatlon Facilrty (NCWflF), and approvtl IRe necessary Smiget Amendment in the amount of S10D.lll 00 for Project Number nS56, NCWRF Bleach System ~1141200a9:0Q,OOAM Ofl. Prepared By RichardConnyn Pubfic U1!f~ililS ProjlllctMana\l'" P"blitUl.iIjU....EnlJ;neming 1n5l1:0fl62:53;!l9PM """ Approved By LynWood Admil1isfl'lltivIIlSel'\lices Pon:hiIIsingAllem PUTch~$;ng 112~I2{106 3:23PM Dal" Approved By S!fIv"C"mell Admin;strati.....Sorvica,. Pllr<:llasinlliGener~ISvC5DirlOCior Pon:ha$inll lIZ6f2i1Ma:O~PM """ Approved By Wiilil!lm D. Mullin,PE PllblicUtilltles P,incip.1 Ploj.ct Manall.... PUllUclJtilW"sEng;no"ring 1121120061:C11PM "'" Approved By Auy S,And".wn, P.E. PUbliclltillti"s Pllblic utUili\<$ Engine",ing Diroctar Public Utiliti<1-S Engioil"rinll 1I30i2QOG2:i'fflPM ""m AppTuvedlly Th<>ma-~Widu PublicUI;lili",. OperalkmsOirec1<>t PobHclltilitjuOper~ti<ms V:t/ZllllS"l1PM "'" App,.o~~d By G. G""'ll" YH",,,z Pullli<:Utilil;O$ Inle,j",Wast",Wat.-,Oiructor WasteWate.r Z/VlllOS4:17f'M Dm ApPTtlved By Jam<l,.W.o..luny PllblicUtilities P"blic Utillt;"s Administraior P"bli<: Ulititles Admin;strail<:", V3I2IlOll 10:18 AM Dal.. Approved By Mlch...ISmykowskl Coomy Manll\lor's Ofi'ice Manall<lJl1\<n1,&BudlletOiN!l<;1:\>r orIicq or I,!lm.gement <I:. Budgel 2!812W612:$SPM "''' ApPTuved By Leo E. O""s,Jr, EI<'lfdotC'wnly Comml..sion..n;. D<lPUIY C<>uO!I' M..",.y\l' COllntyManag....sOffiCll mI21lIlll~,44PM Agenda Item No. 16C8 February 14, 2006 Page 4 of 14 General GEl Services Contract Task No. X _ North County Water Reclamation Facility - Bleach Plant - Bleach Reliability Upgrade Attachment A TASK PRINCIPAL PROJECT Engineer II Engineer I Senior Senior Tech Admin TOTAL HRS LABOR MGR Inspector Assistarll COSTS Gerleral CEI Services - Contract Rates , $150.00 $100.00 $90.00 $70.00 $70.00 $55.00 $45.00 Field Inspection Services - North CountyWRF A 0 0 0 0 300 0 0 300 $21,000,00 , B Office En ineerlSu port - North County WRF 0 0 0 0 30 0 20 50 $3,000.00 C ManaaementlCoordination - North County WRF 0 0 0 0 30 0 20 50 $3.000,00 0 Filin Ilnvolcino/BilliilO- North County WRF 0 0 0 0 30 0 20 50 $3.000,00 Labor Total 0 0 0 0 390 I 0 50 450 $30,000.00 Reimbursable Total I $1,000.00 I Project Total I I $31,000,00 , 2:51 PM 1/2512006 Page 1 Agenda.BCCAGENDA.19892 Agenda Item No. 16C8 February 14, 2006 Page 5 of 14 SCOPE OF SERVICES GENERAL CEI SERVICES CONTRACT TASK NO. NORTH COUNTY WATER RECLAMATION FACILITY BLEACH PLANT - BLEACH RELIABILITY UPGRADE COLLIER COUNTY I. BACKGROUND CH2M HILL (CONSULTANT) was tasked by Collier County (COUNTY) to perform Construction Engineering Inspection Services for the construction of a Bleach Reliability Upgrade Facility located at the North County Water Reclamation Facility. The proposed services include: Field: Field inspection of the proposed construction Office: Office support, project files maintenance and billings/invoicing CH2M HILL will base its inspection on the separate plans prepared by Hazen and Sawyer II. OBJECTIVE The objective ofthis scope of services is to document the required services that CH2M HILL will need to perfonn, to successfully complete CEI Services for the improvements to the North County Water Reclamation Facility - Bleach Plant. III. REQUIRED SERVICES For this task CH2M HILL will be providing the following services: A. Field Insoection Services - North County WRF - A Senior Inspector will be provided to oversee the Construction of a Bleach Reliability Upgrade Facility at the North County Water Reclamation Facility. Construction is scheduled for 200 days. The senior inspector has been budgeted part-time for a total of approximately 300 hours to observe and document the construction activities. If the level of effort required to complete the work exceeds the 300 hours budgeted for this portion of the work additional hours and fee will be added through a supplemental agreement. The following activities will be performed under this task: a. Administer the Contract such that the project is constructed in conformity with the plans, specifications, and Contract provisions. b. Observe the Contractor during various operations to verify the materials and methods used by the Contractor conform to the specifications of the Construction Contract, and notes on the plans. -1- Agenda Item No. 16CB February 14, 2006 Page 6 of 14 c. Provide services to monitor the CONTRACTOR's construction operations and to inspect materials entering into the work as required to verify that the quality of workmanship and materials is such that the projects will be completed in confonnance with the plans, specifications and other contract provisions. The County will provide all material testing services required to verifY material compliance with the specifications. d. Keep detailed, accurate records of the CONTRACTOR daily operations and significant events that affect the work. CONSULTANT will maintain a daily report submitted weekly to the project manager, which will include a photo log of that week's activity. CONSULTANT will also conduct a weekly As-Built review of contractor drawings. e. Advise the COUNTY of any omissions, substitutions, defects, and deficiencies noted in the work ofthe CONTRACTOR and the corrective action taken. Work provided by the CONSULTANT shall not relieve the CONTRACTOR of responsibility for the satisfactory performance of the Construction Contract. f Observe materials sampling and materials testing procedures perfonned by others. CONSUL T ANT will review lab results for tested materials and will report any discrepancies to COUNTY as appropriate. g. CONSULTANT will be obligated to attend all progress meetings and all safety and coordination meetings. h. Record drawings will not be required as part of this agreement. B. Office Support - North CountyWRF - CONSULTANT will be made available to respond to field requests for information and provide engineering support if requested. A total of 50 hours have been budgeted for this portion of the work. If the level of effort to respond to requests for infonnation exceeds this estimated hours an amendment will be prepared to authorize additional fee. C. Manal!ement/Coordination - North County WRF - CONSULTANT will be made available to coordinate construction issues, review payment requests and provide management/direction when required. A total of 50 hours have been budgeted for this portion of the work. D. Filinl! IInvoicin!!iBillinl! - North County WRF - Office support staff (Administrative Assistant) will be made available to handle project files, billing and general correspondence. A total of 50 hours have been budgeted for this portion of the work. IV. SCHEDULE It is anticipated that the construction contract will be 200 calendar days. The Senior Inspector will be physically on site as needed to provide observation of the operations during the 200 calendar day construction contract in an amount not to exceed four (4) hours per working day (Monday through Friday) during the defined construction period. Should the on-site observation activities require more than 4 hours duration on average, or the estimated 300 total hours for this work is exceeded, a new change order will be negotiated. - 2- Agenda Item No. 16C8 February 14, 2006 Page 7 of 14 V. ENGINEER'S COMPENSATION For Task A through D the COUNTY will compensate the CONSULTANT a Time and Materials fee not to exceed $ 31,000. Personnel at Construction Site The presence or duties of CONSUL TANT's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to COUNTY and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. CONSUL T ANT and CONSULTANT's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The presence of CONSUL TANT's personnel at a construction site is for the purpose of providing to COUNTY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance ofthe construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. -3- WORK ORDER # CHM-FT-06-0\ Agenda Item No. 16C8 February 14. 2006 Page 8 of 14 Agreement for Fixed Term Professional Construction Engineering Inspection Services Dated March 26,2002 (Contract #01-329\) CH2M HfLL (CONSULTANT) was tasked by Collier County (COUNTY) to perform Construction Engineering Inspection Services for the construction of the bleach system reliability upgrades located at the North County Water Reclamation Facility. The proposed services include: Field: Office: Field inspection of the proposed construction Office support, project files maintenance and billings/invoicing CH2M HILL will base its inspection on the separate plans prepared by Hazen and Sawyer The work is specified in the CH2M HI LL proposal 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 # CHM-FT-06-01 is assigned to CH2M HILL. The objective of this memo is to document the required services that CH2M HILL will need to perform. to successfully complete CEI Services for the bleach system reliability upgrades at the North County Water Reclamation Facility Scone of Work: TASK A: Field Inspection Services - North WRF TASK B: Office Support - North WRF TASK C: Management/Coordination - North WRF TASK D: Filing/Invoicing/Billing - North WRF Schedule of Work: Complete work within 200 days from receipt of the Notice to Proceed authorizing start of work. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and materials amounts provided in the schedule below Task A: $21,000.00 Task B: $ 3.000.00 Task C: $ 3.000.00 Task D: $ 3,000.00 Reimbursable $ 1000.00 TOTAL FEE $31,000.00 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: Richard Cannyn, Project Manager Public Utilities Engineering Department Date APPROVED BY: William D. Mullin. P.E. Principal Project Manager Public Utilities Engineering Department APPROVED BY, Roy Anderson, P .E. Director Public Utilities Engineering Department APPROVED BY, George Yilmaz, P .E. Director Waste Water Department APPROVED BY, Steve Carnell, Director Purchasing Department APPROVED BY, Jim DeLany, P.E. Administrator Public Utilities Division ACCEPTED BY, CHM2HILL Company Name Authorized Company Officer Type or Print Name and Title Agenda Item No. 16CB Date February 14, 2006 Page 9 of 14 Date Date Date Date Date Agenda Item No. 16C8 February 14, 2006 Page 10 of 14 Project Name: NCWRF Bleach System Reliablity Upgrade Capital Project No. 73966 I n04 FY05 no, FY07 FYOB 2004 I 2005 I 2006 I 2007 I 2008 -~ EVENT Cost Qtr Qtr' Qt,2 Qtr3 Qtr4 Qtr1' Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1Qtr2. Qtr3 4 Land Acquisition NA land Use/Zonin NA Design/Permit $10,000 - Construction $693,154 Inspection $31,000 Work Order Total $31,000 Agenda Item No. 16GB February 14, 2006 Page 11 of14 EXECUTIVE SUMMARY Ratify County Manger's 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 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, ratify the County Manager's approval of emergency purchase orders for four 12,250 gallon outlet tanks for bulk storage of sodium hypochlorite, a mechanical metering pump skid, the emergency repair services of Mitchell and Stark Construction Co., and Hole Montes, Inc. to replace the sodium hypochlorite tanks and piping at the North County Water Reclamation Facility, so that the plant will be able to maintain compliance with regulatory provisions. CONSIDERATION: The public purpose of this project is to stay in compliance with adequate bleach for the NCWRF treatment processes. Project 739661 was already planned and designed when a critical failure occurred to the bleach system causing an emergency repair. This emergency repair is part of project 739661, NCWRF Bleach System Reliability Upgrades, which provides for a complete bleach system installation for the south side of the NCWRF. The south bleach system at the NCWRF treats approximately 90% of all effluent flowing through the Plant. Project 739661 is also on this agenda for Board approval. Permanent repairs will have to be made to the bleach system at the north side of the NCWRF at a later date. After Hurricane Wilma, on November 2, 2005, it was discovered that the three north 15,000 gallon sodium hypochlorite (bleach) tanks at the NCWRF had partially failed and were leaking product into the containment area. These tanks were designed to be replaced as part of project 739661. On November 3, 2005, an emergency meeting was held, whereby the finns of Hole Montes, Inc. and Mitchell and Stark Construction Co. were hired under emergency purchase orders to evaluate the situation and develop a temporary solution that would keep the NCWRF in compliance. On November 4, 2005, three temporary rental Baker tanks were installed, filled with bleach, and Mitchell and Stark ran temporary piping from the temporary rental Baker tanks to the existing pump skid in order to maintain the bleach system. Hole Montes was hired to design the permanent solution for the bleach system. These actions prevented a potential 10,000 gallon sodium hypochlorite spill. The scope of work involves purchasing the following equipment and services totaling Agenda Item No. 16GS February 14, 2006 Page 12 of 14 $317,700: EPO Z0600 1- Four 12,500 polyethylene tanks from Heyward Inc. - $ 165,000 EPO Z06001 - One metering pump skid from Heyward Inc. - $ 52,000 EPO Z06002 - General contracting service from Mitchell and Stark ~ $53,000 EPO Z06003 - Engineering Services from Hole Montes - $42,700 The Project 739661, NCWRF Bleach System Reliability Upgrades, is consistent with the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10C on May 25, 2004. Reimbursement by FEMA will be sought for these emergency repaIrs. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: The funds are available in the FY 06 Capital Budget approved by the Board of County Commissioners on September 27, 2005. The funding source is fund 4] 4, Wastewater User Fees. The funds for the emergency repair will be available from a Budget Amendment under Project 739661, NCWRF Bleach System Reliability Upgrades, which is also on this agenda for Board approval. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1. Ratify the County Manager's approval of Emergency Purchase Order EPO Z06001 to Heyward Incorporated, Emergency Purchase Order EPO Z06002 Mitchell and Stark, Inc., and Emergency Purchase Order EPO Z06003 to Hole Montes. 2. Authorize the County Manager or his designee to apply for allowable reimbursement from FEMA. PREPARED BY: Richard Cannyn, PMP, Project Manager, Public Utilities Engineering. Agenda Item No. 16GB February 14, 2006 Page 13 of 14 EXECUTIVE SUMMARY 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. OBJECTIVE: The public purpose is to enhance the reliability and safety of the chlorine bleach system at the North County Water Reclamation Facility (NCWRF) and to enhance the operator ability to manage and control the amount of bleach that each chlorine contact chamber receives to ensure compliance with regulatory provisions. CONSIDERATIONS: The scope of this project is to have a reliable, sodium hypochlorite (bleach) solution system for the South side of the plant. A new sodium hypochlorite tank containment area will be built that will contain two (2) 12,000 gallon polypropylene vertical storage tanks. In addition, a new pump skid will be added that will house three dedicated pumps and one standby pump. Design for this project is complete and the funds requested are for construction work and construction engineering and inspection (CEI) services. Quotes were solicited from general contractors on the fixed term contract # 04-3535 Underground Utility Services. On November 10, 2005 sealed quotes for the construction of this project were opened. Three quotes were received and are summarized in the following table: BIDDER QUOTES Mitchell and Stark $945,596 Douglas N. Higgins. Inc. $948,000 Haskins $ I ,305,000 The negotiated bid reflects Collier County directly purchasing item 2 (Sodium Hypochlorite Metering Pump Skid), directly purchasing item 3 (Sodium Hypochlorite Storage Tanks), removing coatings from item 9 (Reinforced Concrete), revising item 17 (Electrical Work), and removing item 15 (Chemical Injectors) on the bid schedule for a lowered price of $693, 154. Staff has analyzed these bids, finds them to be fair and reasonable and recommends awarding the contract to the lowest responsive and qualified bidder, Mitchell and Stark Inc., for $693,154. This amount is within 15% of the $584,540 estimated cost provided by the Engineer of Record, Hazen and Sawyer. Due to recent catastrophic natural disasters in the Gulf Coast region, material and petroleum costs have significantly increased construction costs throughout the country warranting this 15% difference in estimated cost. Hazen and Sawyer's recommendation reflecting these cost increases is attached. CH2M Hill will be providing construction engineering and inspection services for this project on the fixed term contract 01-3291 CEI Services. The cost for CEI services is estimated to be $15,000. Agenda Item No. 16GS February 14, 2006 Page 14 of 14 There will also be a allowance of $21 ,325 to address any unforeseen conditions. Therefore, the total cost of the project is to be $729,479. Project 73966] was already planned and designed when a critical failure occurred to the bleach system causing an emergency repair. Emergency purchase orders were written to provide a temporary solution to this critical failure of the bleach system. An Executive Summary addressing the emergency purchase orders is also on the agenda for this Board meeting. The Project 739661, NCWRF Bleach System Reliability Upgrades, is contemplated in the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10C on May 25, 2004. The Purchasing Department and the County Clerk's Finance and Accounting Division have reviewed the information contained in this Executive Summary and all the attachments. FISCAL IMPACT: A Budget Amendment is being processed to transfer $942,179 from the following projects: Project No. 725321 - NCWRF Rehabilitation - $150,000; Project No. 725111 - NCWRF Ox Ditch motors/drive rehab - $1,498; Project No. 725] 12 - NCWRF Ox Ditch motors/drive rehab - $103,481; Project No. 725121 - NCWRF Reliability - $87,200; Project No. 725122 - NCWRF Reliability - $400,000; Project No. 739651 - NCWRF Irrigation System - $200,000. To fund project 739661, the $942,179 is needed to supplement the existing budget of $100,000 to fully fund the project requirement of$I,042,179. The budget amendment for $942,179 is therefore necessary to cover costs associated with the permanent project and emergency purchase orders. Please see attachment entitled "Budget Sheet for Project 73966]" for further explanation. These funds are available in the FY06 Capital Budget approved by the Board of County Commissioners on September 27,2005. Funding source is 414, Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: Staff recommends that The Board of County Commissioners, as Ex- officio governing board for the Collier County Water-Sewer District, award work order number UC-127 "NCWRF Bleach System Reliability Upgrades" in the amount of $693, 154 to Mitchell and Stark and approve the necessary Budget Amendment. PREPARED BY: Richard Cannyn. Project Manager, Public Utilities Engineering. Agenda Item No. 16G9 February 14, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to award Work Order MPI-FT-3785-06-06, "Landfill Gas-To-Energy Project Development Assistance" for Collier County, with Malcolm Pirnie, Inc., Project 59004, in the amount of $215,000 and authorize the County Manager or his designee to execute the work order. OBJECTIVE: To obtain Board of County Commissioners' approval of Work Order MPI-FT- 3785-06-06, "Landfill Gas- To-Energy (LGTE) Project Dcvelopment Assistance" for Collier County, with Malcolm Pirnie, Inc, in the amount of$215,000. The public purpose of this action is to secure technical expertise and oversight as Collier County's contractor, Waste Management Inc (WMI), develops a Landfill Gas-to-Energy Program under the Solid Waste Department staffs guidance. This program is designed to make use of the landfill gas which is currently being burned off by means of a flare. It is a pro-active, environmentally beneficial project. CONSIDERA TIONS: Thc Naples Landfill, as do all typical landfills, produces significant quantities of gas as a result of the decomposition of waste material. Currently the Naples landfill burns off the gas. The opportunity to produce energy from this gas is substantial. Prior to investing hundreds of thousands of dollars into this project, a comprehensive feasibility plan is required covering the many aspects of a gas to energy project. On March 11, 2003, the Collier County Board of Commissioners approved as agenda item # lOA, the concept of adopting an Integrated Solid Waste Program. One of the facets of the program was to investigate the use of landfill gas as a source of power. On October 16, 2003, the Board of Commissioners authorized staff to rccommence negotiations with WMI concerning the development of a landfill gas-to-energy facility at the Naples Landtill pursuant to the Landfill Operations Agreement. In spring of 2005 the Solid Waste Department prioritized other projects, namely the scalehouse facility and the Recycling Centers. The Department is now preparcd to move the project forward with Malcolm Pirnie as a member ofthe Project Delivery Team. Utilization of Malcolm Pirnie is requested to provide an economic feasibility analysis, as well as a logistical and physical examination of the potential for gas to energy at the Naples landfill. As part of the work order, Malcolm Pirnie will be tasked to benchmark similar operations in the State of Florida where gas-to-energy have become a viable alternative energy solution. Additionally, Malcolm Pirnie will be required to provide technical recommendations for size and type of equipment associated with filtering, cleaning and processing landfill gas for optimal encrgy efficiency as well as environmental compliance. Malcolm Pirnie, Inc has submitted a 'time and materials' proposal for $215,000. Staff has reviewed the proposal and considers the scope and estimated costs to be fair and reasonable. This work order provides the framework to provide professional project management services to Agenda Item No. 16C9 February 14, 2006 Page 2 of 11 the County during the development and implementation of Phase I, including evaluating the technical, financial, and operational considerations. The Clerk's Finance and Accounting Division and Purchasing Department have reviewed the information contained in this Executive Summary. FISCAL IMPACT: The funding for this work order is available from the project budget. The funding source for this project is the Solid Waste Capital Projects Fund 474 which was budgeted and approved by the BCC at the Budget Hearing of September 22, 2005. The FY 2006 budget for this capital project is $707,500. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDA nON: That the Board of County Commissioners approve work order MPI- FT-3785-06-06, "Landfill Gas- To-Energy Project Development Assistance" with Malcolm Pirnie, Inc., in the amount of $2 I 5,000 and authorize the County Manager or his designee to execute the work order. PREPARED BY: R. Shane Cox, P.E., Senior Project Manager IlemNumber: Item Summary: MeelingDale: Agendaltem No. ,Beg February 14. 2006 Page3ofl1 COLLIER COUNTY BOARD OF COUNT'( COMMISSIONERS 16C9 Re~ommendati()n to Ilward Work Order MPI-FT-3785-00-06. Lllrldfill Gas-To-Energy Pre>ject De~elopmenl Assistance In, Coliier County, with MlIl~olm Pirnie, Ino., P,oject S9()04, in the amount of $21 5,000 and authoriu the Counly Manager or tliu dnignee to exoec"te the Work Order 2114/20069:00:00 AM ""'" P'~pal'lld By RShll""C"x,P,E, P"blklliiUti".. SeniorPn>jll"IMonal/ilf PIJIll__utilitie" Ehgin."..ing 1117llO(j$9:41:$AM P,incipal Prl>jec1 Mallltg"r 0"", 11231200G 4:25 PM Approved By Wimam D. Mullin, PE PubhcUtilitilos Publk:Utilltin!:ngir1",...ring 0.... Approved By Th"ma~W;d.." PunlicUtint~.. OplOmt;,,,,sPirncl'" Public Utibfles Opuf/lfiDn... 1:2:51,OO6c10:24AM "'.. Allproved By Roy El. Aud&'son,P.E. r>ubli~ utlllties PublicUlililifl"lCu!llu"enngDlrac1or PubliclJtilitl~$Enllil'l....tin\l 1IZ5J200!il0:2:6cAM Oat. Approved By lynW.,<ltl Adll'lil'li~hotly..S"'rvi""lI Purchni"IIAgenl Pllrell&si"lI 2/112:0062:571'1.1 0,. Approved By SliM. CamilU Admi"jstrcliv"Sll-!V;<:/l'S Pun:h,ulnlllGem'f1I1 Svcs Dirn"'or Purcllasing ,1l/20116~,4lPM 0",. Approved By 0.",;'.1 R. Rotlri\lun. M.B.A. IntolfilO S..lld W...m Olr<lctur 212:12005 ~:~2 PM I'ulllicUUllti.." SoljdWastll App,'oved By ".. Jame$W.~L.,ny PubticUl.ilitills Publ,cUtiliti.,,,AdminlstMor Public Utllill.... Admlnl..fr3tioC>!l 2131100fit:5<lPf/t "'. App"ovedBy OMBCI>ordlflll1or COllnlyManall"r"sOl'lk.. Aolm;nistrativeA..,,;sbtnl Office of M<tnslleml>rtI: & Budllort 11612:0058:.>>AM "'" Approved By SlJunUsltor County Mal'l.f1&r's OItlc& Senlo, Munil;lIemtH'ltlS"dqet Aualysl Ofli<<, 01 Mal13!J'>menl & 9migilt 21&IZ0061,39PM 0,. Apl"...ved By Le<.r E. Och", Jr. Soaffl<>IC<>unty C'Jmml.!lsion..", O"puty C""nty ManalJ'llr COIinlyMsnag,,($Offlee 2.'11Z1HI64:411PM ! Agenda Item No. 16G9 February 14, 2006 Page 4 of 11 WORK ORDER # MPI-Ff-378S- 06-06 Under Contract # 05-3785, Fixed Term Utility Engineering Services This Work Order is for Professional Engineering Services (for Utility Engineering Services for Collier County, Contract # 05-3785) for work known as Landfill Gas-To-Energy Project Develooment Assistance (Proiect #59004) The work is specified in the proposal dated December 20, 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 # MPI-FT -3785-06-06 is assigned to Malcolm Pirnie, Inc. SCODe of Work: - Task I Project Management Assistance - Task IT Pilot Project Proposal Assessment (Phase I) - Task ill Design!BuildlOperate Agreement Negotiation ~ Task N Project Implementation Oversight More detail and explanation can be found in the attached proposal from Malcolm Pirnie, Inc. Schedule of Work: Complete all work as directed within 24 months of receipt of the "Notice to Proceed" which will contain a Collier County purchase order number. Comoensation: In accordance with Article Five of the Agreement. the County will compensate the Firm in accordance with the negotiated T&M amount provided below (use the established hourly rate(s) as enumerated in Schedule "Au of the Agreement). Work is only performed at the direction of the Collier County Project Manager. Time and Materials. as directed, not-to-exceed TOTAL $215,000 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: C?sh~/;~ Sr Project Manager 1/'0/0 6 Date I REVIEWED BY: ~~ :7) ~)~ Lyn ood . . Con racts Manager ~u-~t III>; jOt.. Dale / Ste ri amell Dire or, Purchasing Dept tjl-i/Il". Date REVIEWED BY: Approved asto Form and - ~ Legal SuffiCiency: --f OM~' ~ Assistant ounty Attorney 1/lkH" Date: AUTHORIZED BY: Roy/Ande~sonl Di~ector, PUED Date Agenda Item No. 16G9 February 14, 2006 Page 5 of 11 MALCOLM PIRNIE, INC. INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS & CONSULTANTS December 20, 2005 R. Shane Cox, P.E. Public Utilities Engineering Department Public Utilities Division Collier County Government 3301 East Tamiami Trail, Building H Naples, Florida 34112 RE: Landfill Gas-to-Energy Project Development Assistance Dear Mr. Cox: Malcolm Pirnie is pleased to submit this proposal to assist with the development of Collier County's Landfill Gas-to-Energy Project. Proiect Understandine:: The Naples Landfill (Landfill) produces a substantial volume of landfill gas, and was previously identified as a potential alternative energy source. According to Section 2.25 of the Landfill Operation Agreement, as amended (LOA) the County owns "all right, title and interest in gas generated at the Landfills. The Contractor and the County may investigate from time to time Landfill gas utilization alternatives, including the enviromnental, engineering, revenue and cost feasibility thereof. If the County implements a system to utilize the gas at the Landfills, the County and the Contractor shall jointly develop the gas system. The Contractor shall design (pursuant to the joint development plan), construct, operate and maintain such a system at the Contractor's cost plus ten percent (10%), provided that the County shall be entitled to all revenue generated by the sale of gas extracted from the Landfills." At the request of the County, Waste Management Inc. of Florida (WMIF) submitted a proposal to develop a landfill gas-to-energy (LFGE) project at the Landfill. The proposal assumed that the landfill gas would be conveyed to the South County Water Reclamation Facility (SCWRF), where it would be converted to electricity and used on-site. The County evaluated the proposal and found it to be technically feasible. On October 28, 2003, the Board of County Commissioners authorized staff to recommence negotiations with WMIF concerning the development of a LFGE facility at the Naples Landfill pursuant to the LOA. Consistent with the LOA, the project would be developed using the designlbuild/operate delivery method. This Board direction did not limit staff to pursuing a LFGE project in conjunction with the SCWRF. 1425 SOUTH ANDREWS AVENUE FT. LAUDERDALE, FI_ 33316 954-761-3460 fax 954-761.7939 hllp://www.pirnie,com RFCYCLEDPAPER Agenda Item No. 16G9 February 14, 2006 Page 6 of 11 ~ Subsequently, the County solicited a revised proposal from WMIF to develop a LFGE project in two phases. The first phase (phase I) would involve a pilot project that would provide electricity to the scale house, administration building and other facilities located at the Landfill. The second phase (Phase In would be developed if the pilot project is successful, and would involve utilization of all landfill gas produced at the Landfill to provide electricity to the proposed solid waste park located immediately to the north of the Landfill. The County will adhere to the following Enduring Guiding Principles through the performance of this project: 1. Odor Control will be the first priority; 2. WMIF will be the primary responsible party for both managing the landfill gas well-field and the LFGE system and therefore will be the only responsible and accountable party for the odor control and all related environmental compliance; 3. WMIF will be the general contractor to design-build-operate a LGTE system pursuant to Section 2.25 of the LOA; and 4. A pilot project will be implemented to set the conditions for the future full scale project prior to full implementation to assess the following elements, including but not limited to: . Odor control; . Noise control; . Air emissions; . System reliability; . Landfill gas purification alternatives; . Safety and environmental controls; and . Technical and financial feasibility. We propose to complete the following tasks to achieve the objectives described above. Scope of Work: Task I - Project Management Assistance Malcolm Pirnie will provide project management assistance to ensure coordination and continuity between Project Delivery Team (PDT) members. It is assumed that the PDT will include representatives from the Public Utilities Division, the Purchasing Department, special outside legal counsel, WMIF, and others as requested by the County. Malcolm Pirnie will plan and facilitate an initial meeting with the PDT to discuss the goals and objectives of the project. Subsequent meetings will be described under separate tasks. As part of this meeting, Malcolm Pirnie will prepare a summary presentation of the LFGE project submitted by WMIF. The objective of the presentation will be to identify the impacts and issues related to Phase I, and to discuss changes that the County may request. As part of this activity, Malcolm Pirnie will prepare up to three (3) LFGE case studies that present other similar projects, including lessons learned. Every effort will be made to include case studies of operations in RECI'CLEOPAPER Agenda Item No. 16G9 February 14, 2006 Page 7 of 11 ~ Florida that are of similar size to the Naples Landfill and with a comparable gas generation profile. Malcolm Pirnie will modify and / or update the current Project Management Plan (pMP) as needed. The aim is to document the goals, objectives and other project issues, such as technical, financial, and aesthetic considerations as well as desired performance guarantees. As part of the PMP, Malcolm Pirnie will prepare a schedule (i.e., Gantt Chart) of all facets of the project including, but not limited to: proposal assessments, contract negotiations, contract modifications, permitting, design, construction, Board approvals and any other milestones needed for proj ect success. The schedule of events will be part of the Agreement with WMIF assuring the County that the project will be completed in a timely fashion. Further, the PMP will be used as the basis to request a revised proposal from WMIF, if required. The PMP will also serve as the basis for the principles of negotiations (PON) that will be used during the negotiations phase ofthe project (Task III). Malcolm Pirnie will prepare interim progress reports (IPRs) as requested by the County to update the proj ect schedule and other key proj ect components. For budgetary purposes, it is assumed that four IPRs will be developed. As issues may arise requiring timely resolution, Malcolm Pirnie will also participate in teleconferences as required by the PDT. For budgetary purposes, we have assumed participation in up to four (4) teleconferences. The following deliverables are anticipated during this task. Deliverables I. Planning meeting materials (agenda and meeting minutes). 2. Up to three (3) LFGE project case stndies. 3. LFGE presentation (fifteen (15) color copies and one (I) CD). 4. Project Management Plan (PMP). Task 11- Pilot Project Proposal Assessment (Phase I) Malcolm Pirnie will review one (I) WMIF draft pilot LFGE project proposal and up to two (2) revised WMIF draft pilot LFGE project proposals for economic and technical feasibility and conformance with the projects' Enduring Guiding Principles. Malcolm Pirnie's financial evaluation will include an analysis of the projects' capital requirements, potential revenue stream, return on investment, financial obligations to WMIF, payback period for capital investment and revenue potential with FPL and/or cost savings. Malcolm Pirnie will meet with the PDT to discuss our initial proposal evaluation and to solicit feedback from the PDT. It is assumed that Malcohn Pirnie will prepare a status memorandum that summarizes our discussions with the PDT. Based on feedback from this meeting, Malcolm Pirnie will prepare requests for clarification/information to be sent to WMIF. Following receipt ofWMIF's responses, Malcolm Pirnie will coordinate a meeting with WMIF and the PDT. It is assumed that WMIF will make a formal presentation of their final pilot LFGE proj ect proposaL RECYCLED PAPER Agenda Item No. 16C9 February 14, 2006 Page 8 of 11 ~ Following our review of WMIF's final pilot LFGE project proposal and presentation, Malcolm Pirnie will prepare a summary memorandum identifying the benefits and impacts of the proposal and alternate scenarios. The summary memorandum will be provided to the PDT during a strategy meeting. It is assumed that ifWMIF's final pilot LFGE project proposal is satisfactory, that contract negotiations will follow. It is expected that this Task will be completed within sixty (120) days of notice- to-proceed. Deliverables 1. Update Guiding Principles for the LFGE Project (Phase I). 2. Prepare meeting materials (agenda and meeting minutes). 3. Prepare requests for clarification/information. 4. Proposal Evaluation Summary Memorandum, including a fmancial assessment. Task III - Design/Build/Operate Agreement Negotiation Contract negotiations will commence following Board approval, if required and acceptance of WMIF proposal evaluation. Malcolm Pimie will assist the PDT and its outside legal counsel to draft the designlbuild/operate agreement related to the Phase I Pilot Project. Malcolm Pirnie will focus on the technical, financial, and operational components, including for example: . Defmitions . Facility Descriptions . Siting . Purchase and Delivery Obligation . Performance Specifications o Gas Quality o Unit of Volume - Measurement o Delivery Pressure o Reliability o Noise o Emissions o Safety o Odor o Energy Generation o Good Neighbor Policy . Technical Specifications o Design Drawings o Test Procedures o Meter Specification . Liquidated Damages . 0& M Standards . Price, Billing, and Payment . Rate Schedule RECYCLEOPAPER Agenda Item No. 16C9 February 14, 2006 Page 9 of 11 ~ For budgetary purposes, we will participate in four (4) face-to-face meetings and four (4) teleconferences with the PDT and WMIF. It is further assumed that we will review one (I) draft designlbuildloperate agreement and up to three (3) revised versions of the draft designlbuildloperate agreement under this Task. Our conunents on each draft designlbuildloperate agreement will be provided to the PDT, either in a technical memorandum, or via document mark-ups. Malcolm Pimie will work collaboratively with the PDT to ensure that a comprehensive designlbuildloperate agreement follows from the contract negotiations. For budgetary purposes, it is assumed that legal counsel will prepare the designlbuildloperate agreement. Further, it is expected that this Task will be completed within ninety (90) days following the completion of Task II. Deliverables 1. Negotiation meeting materials (agenda and meeting minutes) 2. Technical memorandum or document mark-up for each designlbuildloperate agreement draft (up to 4), with an emphasis on identifying appropriate liquidated damages in the Agreement. Task IV - Project Implementation Oversight Following execution of the Design/BuildlOperate Agreement by the Board, Malcolm Pimie will provide project implementation oversight services to the County. Activities will include: . Construction Document Review o Review construction bid documents provided by WMIF (e.g., project manual, technical specifications, front end, and design plans) with regard to conformity with negotiated DBa agreement. . Construction Oversight o Provide periodic site visits and observations with intent to confirm WMIF conformance with construction documents including quality of workmanship; schedule and payment. Provide on-going coordination with County Project Manager during anticipated duration of construction (assumed to be three (3) months). . Start-up Testing o Review startup test protocol and provide periodic monitoring (four (4) days) of start up test activity to ensure conformance with DBa agreement objectives. . Acceptance Testing o Attend acceptance testing (one (I) day) and review and evaluate results of testing activities to DBa agreement requirements. Provide letter report notification of acceptability of test results. . Operations Monitoring (for one year following successful completion of acceptance testing) o Monthly site visits (12 site visits); preparation of monthly inspection reports/memorandums; reviewing operation activities for conformance with operations manual and performance objectives. AECYCLEDPAPER Agenda Item No. 16C9 February 14, 2006 Page100f11 ~ Following completion of Phase 1, Malcolm Pimie will prepare a Pilot Project Completion Report that summarizes activities performed under Phase 1. It is expected that this Task will be completed within Five hundred ten (510) days following the completion of Task m. Deliverables 1. Review startup test protocol and monitor start up test activity. 2. Provide letter report notification of acceptability of test results. 3. Attend monthly site visits and prepare monthly oversight memoranda. 4. Prepare a Pilot Project Completion Report including lessons learned. Schedule of Work: We propose to complete the Scope of Work defined herein within two (2) years following issuance of the County Purchase Order. The budget provided below is based on the schedule of work as provided herein and is subject to cost adjustment resulting from any County-initiated extension of the schedule of work. Comnensation: We estimate the cost to perform the professional service described herein to be $215,000. This cost assumes that we will be compensated on an hourly rate basis in accordance with our negotiated fees under Contract No. 05-3785. We look forward to commencing this important work with you. Please contact us at 954 761- 3460 with any questions. Very truly yours, MALCOLM PIRNIE INC. ~~c~c~ Stephen C Schwarz, P.E, DEE ~ Vice President /"" /' ", J.-& ~,/-/- Daniel Dietch Project Manager c: Rob French, Malcolm Pirnie RECYCLED PAPER Agenda Item No. 16C9 February 14, 2006 Page 11 of11 LANDFILL GAS TO ENERGY I I I PROJECT 59004 I FY04 .. FY05 FY06 FY07 FYOB 2004 I 2005 I 2006 I 2007 I 2008 .- . . . EVENT Cost Qt, Qtr1 au2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3Qtr4.Qtr1Qtr2.Qtr3 Qtr4 Qtr1 Qtr2'Qtr3Qtr4Qtr1 Qtr2:Qtr3 4 Land (has been .. Acquired) Land Use/Zoning $350,000 Pilot Test II Design/Permit $2,000,000 II Construction $12,000,000 . Project Total $14,350,000 Agenda Item No. 16D1 February 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION TO DECLARE A PUBLIC PURPOSE AND TO ALLOW COLLIER COUNTY DOMESTIC ANIMAL SERVICES TO CREATE A TRUST ACCOUNT FOR THE SOLICITATION, RECEIPT, AND EXPENDITURE OF DONATIONS TO COLLIER COUNTY DOMESTIC ANIMAL SERVICES. OBJECTIVE: To properly account for community donations to and expended by the Domestic Animal Services Department ("DAS") for educational programming, special events, and other specific purposes. CONSIDERATIONS: DAS has developed various educational and volunteer programs and has planned fundraising events, including Dogs Night Out on Fifth, for the purpose of promoting pet adoptions through community awareness. The establishment of a trust account would provide for the development of an accountability system by DAS. This system would enable DAS to effectively account for charitable donations from the community that have been earmarked for specific purposes and would allow for the proper management of these fund expenditures. It would further provide the means to carry donated funds from one fiscal year to the next until the funds are expended for their intended purposes. .,- DAS will submit budget amendments for the allocation of funds m compliance with the County's budgeting process. DAS and the County Attorney's Office have reviewed this Resolution with the Clerk's Office FISCAL IMPACT: Approving this item will establish a separate Collier County Domestic Animal Services Trust Fund to properly account for and manage donations from the community for designated programs and events that are designed to promote community awareness for pet adoptions. GROWTH MANAGEMENT IMPACT: There is no growth management impact relating to this item. RECOMMENDATION: That the Board of County Commissioners adopt a resolution to request that the Clerk to the Board establish a separate Collier County Domestic Animal Services Trust Fund for the accounting of donated funds and for the management of fund expenditures associated with pet adoption awareness programming by the Collier County Domestic Animal Services Department; and that the Board of County Commissioners approve any associated budget amendments. ~- Agend" IternNo.16D1 February 14. 2006 P"ge2ofS COLLIER COUNTY BOAR.D Of COUNTY COMMISSIONERS Meellng Dale: 1601 Reeommendation to Adapt a ReSOlution to Declare l'l PUll!iC Purpose arid Aliow Collier County Domelltlc Animal Servi~es to Crall!e a Trust Account for the S()lic~aliDn. Receip\. .wl ExpendIture of Donillions to Colilm County Domestic Animal Services 2114f20069,OO:OOAM ItllmNumber: Item Summary: Approved By C<>lil/ilnGro'ma Aui~lanICountyArt<.>rmtr Do. C<.>unlyAllo"'oty C<luul"AUl>rneyOll'ice lltl!21111i1 12:12 PM Approved By Me~oCa1l1"l'tInA Di..lI::tor "". publicsarvioo$ O"me>\tlcA"imaIS'lIvlOO$ 1111;2110~ 12:3$ PM Appnlved By Marlll!<an<t;oy PUblic 5efVic.~ Alifl,jn;!rt..to' Do. PUbjkSllfV'cU PublicSl>rvicos.Admin. 11~1121106tl;38AM ApprllvlldBy OIl'!l:lCol>n!;nator Adl1llnilllYllth'IlAssi!:tant "". County Mana\l"r"" Otric" Omceof ManaY"'1"><llltl\.SU"jl'll 11311%(la~1:35PM Appl"ovedBy GaryA,VinCilnl Manallel1let'i:&elldg<l:A",dy~1. D.~ CountyMlnlger',.Of/lce Olfice I>f MIl'llllement & B"dll"t 1I112QOf) Hi5f'M ApprovlldBy J;lI'llesV.M.,dd aOllMof CO:>\lnty Cwmlli,....ioll"l"lI c""nlyMlnal.!i!r Oa1<l C.:rlllltyMllnll!l"r'sOffice 2i2f200lt 12:11 PM RESOLUTION NO. 2006-_ Agenda Item No. 16D1 February 14, 2006 Page 3 of 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE SOLICITATION, RECEIPf, AND EXPENDITURE OF DONATIONS TO COLLIER COUNTY DOMESTIC ANIMAL SERVICES AND AUTHORIZING CREATION OF A TRUST ACCOUNT. WHEREAS the Board of County Commissioners of Collier County finds there is a compelling public purpose for Domestic Animal Services ("DAS") to solicit, receive, and expend donations from private individuals, private corporations and/or community groups, for the purpose of promoting community awareness and preserving the quality of life in Collier County for its Citizens and for the domestic and farm animals in DAS custody; WHEREAS the Board finds that the following activities serve a public purpose including but not limited to education and training volunteers and citizen groups, planning and implementing fund-raising events to benefit DAS including advertising for fund-raising events, training animals in custody, purchasing animal toys and other supplies for the animals in custody, purchasing equipment for DAS use including but not limited to a laptop computer for off-site events, and planning for emergency situations such as a hurricane or natural disaster; WHEREAS the Board finds it necessary for DAS to work with the Office of the Clerk of Court, Department of Finance, and Office of Management and Budget, to create a DAS Donation Trust Fund Account for the collection and accounting of DAS monetary donations, and the Board requests the Office of the Clerk of Court, Department of Finance, and Office of Management and Budget, to cooperate with DAS in establishing and maintaining said account in compliance with Florida Statutes; WHEREAS the Board authorizes DAS to solicit and accept monetary donations and to spend the donations in a manner consistent with the stated public purpose; and WHEREAS, the Board further approves obtaining private and public donations for the sole benefit of DAS and its stated public purpose; NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares that there is a public purpose both as to the solicitation of donations, the receipt of such donations, the expenditure of said donations, and creating a donation trust fund account for this purpose. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2006. A TrEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to fonn and legal sufficiency: CofW.wr111 ~ Colleen M. Greene ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COll.IER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Agenda Item No. 16D1 February 14, 2006 Page 4 of 5 Agenda Item No. 16D1 February 14, 2006 Page 5 of 5 (i) Memorandum Date: January 10, 2006 To: Collier County Board of County Commissioners Office of Management and Budget Clerk of Courts Finance ~ Margo Castorena, Director' ~\ \ \ 0 \.f' Domestic Animal Services \ \ From: Re: Dog's Night Out Funds On February 27, 2006, Domestic Animal Services will sponsor Dog's Night Out. Currently, we anticipate collecting approximately $1,500.00 in funds from this function. Domestic Animal Services is requesting these funds be deposited in the Domestic Animal Services Trust Fund Account and used towards the purchase of a laptop computer and related equipment. This computer will be used for off site adoption and licensing events. This laptop and associated equipment is anticipated to cost approximately $2,500.00 Thank you for your consideration in this matter. c. fIle Collier County Domestic Animal Services Agenda !tem No. 1602 February 14,2006 PBge1of3 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS Item Number; ItemSumm.llry; 15D2 ReCllmmend8\i<ln tll 61(pand 1.6 Fuli Time Equivalent (FTE) posnion ~ss(lciilted with ServK:esforSeniorsproqrlilmto1.0FTE, MeetlngOllte: 2114/20069:00:00 AM Prepllred By BIIrryWllIi<lm$ HlJl11;lInS."'ice-'!lOil'lOCT<lr "," PublieStlrvicilfi Hum.nServiees 1/Z91~Q1I63;'1l:05PM Appro...ed By B.lInyWilli...... Human SIlNlcIIs Pi'llctor ,.. PublicSlltvices Huma,nSe.vlcer; 1.'29J200li ~:-35 PM Approved By M,ul'IIRamsey Public Services Publk Sarvk",s Aamlnlstr-lltor D.. Publkl:lflr'l'k...Allmln, 1!3t!.00611AlAM Approved By OP/lSCoo'dinalor Admjm'flrMill,,!l,~s;"IQnt Date County Manilgel'll Offiel> Olfieeo1MliIrnlQ..."ent&lJudo,:et 1!31!200S 1:49 PM Approved By GIlI)'A,Vll>e'lOt Mana9"'....ttt&Bud9"tAnatl'l.-t Do. .l'1!ZQOtl1,5~PM County M.""g."'s Offl",e Offi""ofM.n.llel>lenl&Budllet ApprovrdBy Jeml/sV.Mudd Cotlnrylolmlllgilr Oat.. EWard,,'C"'Ulty C<;j,nmiulon"ro CountyManallllr'~ OffiCII 2!112toOS7:04PM ~ .-- Agenda Item No. 16D2 February 14, 2006 Page 2 of 3 EXECUTIVE SUMMARY Recommendation to expand a .8 Full Time Equivalent (FTE) position associated with Services for Seniors program to 1.0 FTE. OBJECTIVE: To reduce the number of individuals on the wait list for case management services and increase the amount of spending within the Community Care for the Elderly through an increase of.2 FTE. CONSIDERA TIONS: The Human Services Department, through the Services for Seniors program serves as the lead agency for Department of Elder Affairs Case Management Services associated with the state funded Community Care for the Elderly and federal Older American's Act programs. Currently there are 3.8 FTE's associated with this program and these positions are funded by state and federal grants. Due to turnovcr in this position, an employee that worked within the Services for Seniors program 32 hours a week receiving full benefits retired. In recruiting for a full-time employee, it is desired to hire an individual at 40 hours a week to replace this staff member due to the increase in scrvices level. The current wait list for individuals to be seen by a case manager is approximately 106 individuals. In addition, the Department of Elder Affairs has increased responsibility for staff members in providing assessments for the nutritious meal sites within Collier County. The three sites are Roberts Center in lmmokalee, and two sites within the Parks and Recreation Department at East Naples Community Center and the Vineyards. This increase in responsibility requires additional staff time to conduct the assessments that had originally been completed by a non-profit organization that provides the meals. Finally, the Department of Children and Families has shifted responsibility of assisting individuals in applying for programs offered by this state organization to the local level. This has occurred from the shifting of state eligibility responsibilities to local case managers, who are now requested to provide assistance to individuals in applying for state benefits. Expanding the number of case managers by adding an additional .2 FTE will allow for an extra day of case management services to better utilize grant resources and reduce the number of seniors on the wait list. FISCAL IMPACT: There is no fiscal impact. The dollar amount between the increase in case management services of .2 FTE is minimal, and the additional costs are available within the current year's budget. Agenda Item No. 16D2 February 14, 2006 Page 3 of 3 GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. RECOMMENDA nON: approve an expansion of a .8 FTE. Recommend that the Board of County Commissioners FTE position within the Services for Seniors program to 1.0 Prepared by: Barry Williams, Director, Human Services Agenda Item No. 16D3 February 14, 2006 Page 1 of 11 EXECUTIVE SUMMARY Report expenditure of Direct Material Purchase program funds associated with additive Change Order #20 for North Collier Regional Park Obiective: To complete the North Collier Regional Park In an efficient and cost- effective manner. Considerations: On June 25, 2002, the Board of County Commissioners awarded the design fee portion of Contract No. 01-3189, Construction Manager at Risk for the construction of North Collier Regional Park, to Kraft Construction Company, Inc. (Item 16(0)14). On September 21, 2004 the Board of County Commissioners awarded Guaranteed Maximum Price (GMP) Contract No. 01-3189 to Kraft Construction in the amount of $53,802,645 (Item 10F). The North Collier Regional Park is a 212-acre site that will be developed with the following facilities: Sun-n-Fun Lagoon water park consisting of a 2-Iane diving lap pool, kiddy pool, activity pool, family pool, 1,200-linear foot lazy river, and concession stands; eight lighted soccer fields and five lighted softball fields with concession stands; fitness center, pool bath house, recreation building, community building and administration building. There are also several picnic shelters throughout the park and boardwalks throughout the wetlands. Additive change order #20 is for owner requcsted changes and regulator changes that include Fire Department changes to wall pads and panic hardware, changes to door contacts and cameras, revisions to concession equipment, upgrading of drywall, payment for on-site rock crushing that was specifically excluded from the original contract, changes to wells and pumps required by SFWMD and FPL, changes to walkways, doors, backboards, flooring and finishes; and the upgrade of the playground roof from canvas to a permanent metal roof. In accordance with County Purchasing Policy, Change Order #20 does not require Board of County Commissioners approval. However, staff is reporting all expenditure of Direct Material Purchase savings to thc Board at its request. Fiscal Impact: The necessary funds are available in the Regional Park Impact Fees Fund (346), North Naples Regional Park Project (80602). To date the Direct Materials Purchase program has returned $9] 8,844.24 in tax savings to the project. These funds have been committed as follows: Furniture Fitness Equipment Communications Services Change Order #20 Total $273,825.85 $3] 5,878.] 4 $107,796.44 $]58.816.58 $856,3] 7.01 Agenda Item No. 1603 February 14, 2006 Page 2 of 11 Savings to Date Total Committed to Date Remaining $9] 8,844.24 $856317.0] $ 62,527.23 Because the project is well underway, staff does not anticipate a significant increase to the savings garnered to date via the Direct Materials Purchase program. The estimated remaining $62,527.23 in tax savings will be used to fund communications equipment, impact and permitting fees, and builder's risk insurance. Growth Manaaement Impact: North Collier Regional Park IS inventoried 111 the Collier County Growth Management Plan. Recommendation: No Board of County Commissioners action IS necessary at this time. Prepared bv: Amanda Townsend, Operations Analyst, Parks and Recreation Agenda Item No. "16D3 FctJruary14,2DU6 PBge3of11 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS Meeling Dale: HiD3 Report ex:penj~Llr'" of Direct Malenal Purchase program fund5 lusociated ....m1 addrtiWl Change order #20 lor NOfth CollitrRegional Pllrk 211M20069'OO:OOAM IlemNumber: Item Summary: Approved By KathYC"'JIf'l1t...r Encutiv...S..c.....ary 0... 1/2IlOOOl:14PM P"b~c S.:Hvice~ PubUc Servic...' Adrnill. Approved By MM,I.R.msey Public Sa",;""s Administnltor 0." 21U2no&4:10PM Pub/icSr.rvicu Pllbllc SelVtc." Admin. Approved By OMBC"ordinalor Adm;ni"tr.ltiveAni$,arrt 0... C"UlltyM~nallef"OfIice Qfficel>fMsna>i.""'''t&.Budgal 21312005':2(1 AM Approved By Micl'l..ISmykowslti Cnunty Manall81's Offlae ManllllementS. Sudgel Di",dor D... Office lIf M~tl"\I..rnent & E1udget 217nno61;13PM Approved By James If. Mudd county Manaller 0... B..ardofCoullty Commissioners CouflIy Mallll!l",rs Offi"" 21U20061:16PM Agenda Item No. .16D3 February 14, 2006 Page 4 of 11 CHANGE ORDER # 20 TO: FROM: Kraft Construction Company, Inc. Board of Collier County Commissioners 2606 South Horseshoe Drive Collier County Parks and Recreation Dept. Naples, Florida 34104 3300 Santa Barbara Boulevard Contract No.: 01-3189 Naples, Florida 34116 Project Name: North Collier Regional Park Project No. 80602 Contract Dated: September 21,2004 Purchase Order No. 4500037217 Change Order No.: 20 Date: January 20,2006 Change Order Description: This additive change order #20 is in connection to owner driven requests and code/ permit dri ven changes that were added to the contract of the North Collier Regional Park project. On September 21,2004 the Board of County Commissioners (BCe) approved the Guaranteed Maximum Price (GMP) contract with Kraft Construction for the North Collier Regional Park in the amount of $53,802,645 (agenda item 10 F). Since that time, Change Order # 4 (which exceeded 10% limit of Change Orders in County policy and required BCC approval) was approved by the BCC on February 8,2005 ((Agenda Item 16(D)3)). Subsequently Change Orders # 5, # 6, # 7, # 8, # 9 and # 10 for additional Direct Materials Purchase were approved by staff. On May 24, 2005 the BCC approved Change Order #lI((Agenda Item 16(D)4)) for additional DMP. Since then, Change Orders # 12, # 13 ,#14, #] 5, # ]6, #17, #18 and # 19 were approved by staff to add material testing, additional DMP's to the contract, and additions to allowances and fire suppression. Request # 20 is for the owner requested changes and regulatory changes that include Fire Depmtment changes to wall pads and panic hardware, changes to door contacts and cameras, revisions to concession equipment, upgrading of drywall, payment for on-site rock crushing that was specifically excluded from original contract, changes to wells and pumps required by SFWMD and FPL, changes to walkways, doors, backboards, flooring and finishes; and the upgrade of the playground roof from canvas to a permanent metal roof. Collectively, all change orders to date add up to (- $13,7] ],741.15) which is 25.48% below the original contract amount, but only 4.60% below the last BCC approved amount of $42,023,463.30 (C.O. # ] 1); thus not exceeding the 10% threshold and not requiring BCC approval of Change Order #20. This additive Change Order #20 totals $]58.816.58 which will be added to Kraft's purchase order after the change order is fully executed. No additional days are being added to the project timeline to account for these changes. See attached summary and schedule of fees for this Change Order No. 20, Original agreement amount ....................................................................... .$53,802,645.00 Sum of previous Change Orders 1-19......................................... ...($-13,870.557.73) This Change Order No. 20 Amount [add] ........................................... ..... ..$ 158.816.58 Revised Agreement Amount ..................................................................... ..$40,090,903.85 Change Order No. 20 Page 2 Agenda Item No. 16D3 February 14, 2006 Page 5 of 11 Original contract time in calendar days.............. ............................ .........548 days Adjusted number of calendar days due to previous change orders..................... ..0 days This change order adjusted time is... ...... ................... ................. ...............0 days Revised Contract Time in working days..................... ........................ .....548 days Original Notice to Proceed date .................................................. Completion date based on original contract time ........................ Revised completion date due to change order(s) ........................ November 8,2004 May 10, 2006 May 10, 2006 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: _cz.~-----_._----_.- Date: !~ ~.~. Delate, ASLA; Senior Project Manager Parks nd Re cation Department Reviewed by: Fr . BeIlom . President BellZlerbert and Company, Inc. Accepted by: " ~dg~-.- R~crt Carsello, Chairman Kraft Construction Company, Inc. Date: ( -""UJ .Of.{? Date: I/~.-I ,/c" Approved by: Marla Ramsey,. dm nistralnr Public Services Dl,~'. ion Date: [/~~-()/:> CHANGE ORDER AlA DOCUMENT G701 Agenda Item No. 16D3 February 14, 2006 Page 6 of 11 DlSTRlBUTTnN m: Owner: Architect Contractor Field Other THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A'ITORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENTS MAY BE MADE 'USING AlA DOCUMENT 0401. PROJECT: C10-01250 North Naples Regional Park 15000 Livingston Road Naples, FL 34109 CHANGE ORDER NUMBER; Twenty (20) DATE: January 5, 2006 TO CONTRACTOR: KI'aft Construction Company, Inc. 2606 S. Horneshoe Drive Naples, FL 34104 ARCHITECT'S PROJECT NO.: 0.125 CONTRACT DATE: September 21, 2004 CONTRACT FOR: Water Park. Buildings & Sports Facilities The Contract is changed as follows: See the attached Swnmary Sheet dated January 5, 2006 for approved KPCR's and PR's to dale. Add: 158,816.58 Not valid nntU signed by tbe Owner, Arcbltect and Contraetor. The original (Coalraat.'''''olHlt) (Guaranteed Maximum Price) was ..................................................$ Net Change by previously authorized Change Order #01 - #19 ........................................................$ The (CsBl>aat 8_) (Guaranteed Maximum Price) prior to this Change Order was........................... $ 53,802,645.00 (13,870,557.73) 39,932,087.27 The (CsHlmat 8_) (Guaranteed Maximum Price) will be (increased) (deo....eell (UB"BaRg.d) by this Change Order in the amount of................................................................................................$ The new (Co-.t 8um) (Guaranteed Maximum Price) including this Change Order will be; ..........$ 158,816.58 40,090,903.85 The Contract time will be (laDr."od) (d..r....d) (unchanged) by 0 days. The Date of Substantial Completion as of the date of this Change Order therefore is same. NOTE: This summary does not reflect changes in the Contract Swn, Contract Time or Guaranteed Maximwn Price, which have been authorized by Construction Change Directive. ARCHITECT: Bellomo - Herbert and Company, Inc. CONTRACTOR: Kraft Construction Company, Inc. BY: Address: 2606 S. Horseshoe Dr. Naples, FL 34 I 04 OWNER: Collier County, FL Parks & Recreation Address: 3300 Santa Barbara Blvd. Naples, FL 34116 Address: 100 East Pine Street, Suite 204 Orlando, F 3280 I f' ; BY: /"''/'" J .',i " . / Mr. Robert L. Carsello BY: DATE; { '\l-Om ~ DATE: lanuarv 5. 2006 DATE: AlA DOCUMENT G701 . CHANGE ORDER ffiEAMERlCAN INS111VfE OF ARCHITECTS, 1715 NEW YORK A VE., N.W., WASHlNGTON, D.C 0701.1978 Agenda Item No. 16D3 February 14, 2006 Page 7 of 11 North Naples Regional Park Change Order #20 January 5, 2006 KPCRlPR Description Amount KPCR 09 Upgrade wall pads to class "A" fire rated pads as per 4,404.00 the Fire Department requirement. KPCR 10 Delete the infrared automatic devices for the water (789.86) closets in the Maintenance Building. KPCR 12 Add door contacts for doors #109A and 110B in the 195.00 Maintenance Building. KPCR 14 Upgrade the exterior drywall to Humitek. 2,560.00 KPCR 15 Crush rock and remove off site. 13,000.00 KPCR 16 Additional soil testing by Tifton Physical Soil Testing 250.00 Lab KPCR 18 Upgrade the soda chase from 4" to 6" pipe as 659.32 recommended by Edward Don and Company. KPCR 22 Provide panic hardware in lieu oflock sets in 3,795.00 Electrical Rooms with over 1200 amps as required by the Fire Department KPCR 23 Install a security camera above door #1 09A. 3,633.00 KPCR 26 Revision to kitchen equipment by Edward Don 1,624.71 and Company. KPCR 30Rl Add a new 8" recharge well with 7.5 horsepower 20,163.40 submersible pump as per Southwest Florida Water Management District requirement (electric not included). KPCR 31R Changes to the irrigation Hoover pump station location 10,347.30 due to FPL transformer pad location. KPCR 32 Add light switches to the Community Building and 1,015.00 Office Building. Agenda Item No. 1603 February 14, 2006 Page 8 of 11 KPCRlPR Descriotion Amount PR 20 Modifications to the Field Concession Buildings room #107 and #115 and Community Building kitchen room #115 4,953.43 PR 23 Change the asphalt walkway to concrete sidewalk at the North side of the North entrance, 6,950.00 PR 33 Provide handicap door operators at Community Building door #100A and Recreation Building door #115A. 14,578.00 PR 34 Add conduit for door contact at door #101B in the Recreation Building. 1,167.50 PR 41 Add draper motorized height adjusters to 4 fixed basketball backboards in Gymnasium. 10,130.00 PR 43 Provide mill finish vertical aluminum pickets as rating for all bleachers in lieu of chain link and aluminum tube. 6,526.00 PR 48 Change flooring of Recreation Building, Daycare room #11 and Pool Bath office room #106 and #109 from carpet to VCT. (1,214.00) PR 52 Provide type "S" corrugated roof deck in lieu of canvas roof at the Dig Shelter. 54,868.78 Net Add: 158,816.58 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 1603 February 14, 2006 Page 9 of 11 '-'ROJECT NAME: NORTH COLLIER REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK ROJECT #:80602 BID/RFP #: 01-3189 MOD #:20 PO#:4500037217 DEPARTMENT: PARKS AND RECREATION r I , Original Contract Amount: $53,802,645.00 (Starting Point) : Current BCC Approved Amount: $42,023,463.30 (Last Total Amount Approved by the BCC) Current Contract Amount: $39,932,087.27 (lncluding All Changes Prior To This ModificJ.tion) i Change Amount: $158,816.58 I i ~ I. R.evised C.o.,ntrac.t/Work Order Amonnt: $40,090,903.85 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: ($-13,711,741.15) Date of Last acc Approval: 5/24/2005 Agenda Item #16(0)4 ercentage of the change under current contract amount: - 4.60% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order threshoids, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 5/10/2006 CURRENT: 5110/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 20 is associated with the owner driven requests and code/ permit driven changes that were added to the contract of the North Collier Regional Park construction project. Request #20 is for owner requested changes and regulatory changes that include Fire Department changes to wall pads and panic hardware, changes to door contacts and cameras, revisions to concession equipment, upgrading of drywall, payment for on-site rock crushing that was specifically excluded from original contract, changes to wells and pumps required by SFWMD and FPL, changes to walkways, doors, backboards, flooring and finishes, and the upgrade of the playground roof from canvas to a permanent metal roof. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Several of this changes were required by the Fire Department and were code driven, others were mandated by SFWMD permit and FPL power routing, and the remainder were owner driven to accommodate operational requirements and life cycle values. PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administrator, Purchasing Contract Specialist, Clerks Finance Department Special Projects Coordinator, County Project Manager. Revised 4/25/2005 JfJ'i-2Ih2006 14:00 COLLI ER CO PRK Agenda Item NoP,~~7 February 14, 2006 Page 10 of 11 IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) J_ Proposed change Is consistent with the scope of the existing agreement ..lL Proposed change is in fact an addition or deletion to tl1e existing scope _x_ Change is being Implemented in a manner consistent wfth the eXisting agreement ..lL The appropriate parties have been consulted regarding the change J_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT M APPROVE BY; TION: This form is to be signed and dated. Dale: 4~ enler Project Manager . . Dale: / lit} h Revised 4125/2005 Date: January 20, 2006 E-Mailed To Bonnie: Project Name: CM@ Risk for North Naples Regional Park Project Number: 80602 BIDIRFP #: 01-3189 Mod #: 20 PO#: 4500037217 Work Order Number: NA Contractor/Consultant: Kraft Construction, Inc. Original Contract Amount: S 53 802.645.00 (Starting Point) Current BCC Approved Amount: $ 42.023.463.30 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 39.932087.27 (Including All Changes.Prinr To This Modification) Ch,angc Amount: $ 158.816.58 . Revised ContractIWork Order Amount: $ 40.090.903.85 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: S (13.711 741.151. Percentage DrThe Change Over/Under Current Contract Amount __,,--=:4,60 _~_~"'____% Agenda Item No. 16D3 February 14, 2006 Page 11 of 11 Overview of change: To provide for Owner driven requests to accommodate operational requirements and life cycle values. Changes include permit driven changes and regulatory change that include Fire Department changes to wall pads and panic hardware. Other changes include revisions to the concession equipment., upgrading of drywall, payment faT on~site rock crushing that was specifically exclud from the original contact and added back in due to necessity, changes to wells and pumps as required by South Florida ler Mat a 'oment DL ict (SFWMD) and Fl rida Power and Light (FPI.), Contract Speciali ' Date: / 2.(..1/o~ Scanned Date: Data Entry Information: Type of Change: Contract Project Manager: Joe Delate Department: Parks and Recreation Change Category Type, Circle One Below: 1. PI~~,or-:E:lettt\'e'--_~ .;,-" '\ .-!:" Unforeseen Conditio uantity Adjustments 4, Correctit'm.af Errors .~",... -......" (5: Yalue Added / ~~"tments Revised 71\ 1/05 Agenda Item No. 16E1 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve and execute a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2006 calendar year. OBJECTIVE: Obtain authorization for the Board of County Commissioners' (Board) Chairman to execute Deed Certificates for the sale of burial plots during the 2006 calendar year. CONSIDERATION: The need existed in Collier County for cemetery space for interment of deceased indigents so in December 1964, 20 acres, on Little League Road in Immokalee, were purchased for this purpose. The property was platted as Lake Trafford Memorial Gardens Cemetery (Cemetery) in 1967 with 17,850 (984 infant and 16,866 adult) burial plots. The Cemetery was used solely for indigent burials until opened to the public in 1982. The Board formally adopted a Cemetery operations' policy in July 1982 under Resolution 82-105. The policy was revised on September 22, 1987, again on May 1, 1990, and again on September 9, 2003, under Resolutions 87-224, 90-242, and 03-290, respectively. According to the policy, the Real Estate Services Section of the Facilities Management Department, under the auspices of the Administrative Services Administrator, is responsible for the daily administration of the Cemetery, which includes preparing and processing Deed Certificates for the sale of burial plots to the public. Deed Certificates require execution by the Board Chairman and prior to 1992 sales transactions were presented to the Board for approval on an individual basis. These sales are numerous, so in order to expedite the acquisition process and relieve Commissioners of having to review format documents, the Board has since, on an annual basis, granted the then current Chairman the authority to execute Deed Certificates on the Board's behalf without further approval required. Deed Certificates are approved by the County Attorney's Office prior to being transmitted to the Chairman for execution. Based upon historic sales data, fifty-four plot sales are projected during Fiscal 05/06. At $375 for a standard adult plot, $150 for a veteran plot, and $100 for an infant plot, total revenue from plot sales of $18,475 is projected during FY 05/06. FISCAL IMPACT: All proceeds from plot sales are deposited in the Lake Trafford Memorial Gardens' General Fund Account (001). GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution. PREPARED BY: Charles E. Carrington, Jr. Manager, Real Estate Services The Facilities Management Department Agenda Item No. 15E1 February 14. 2DG6 Page 2 of3 COLLIER COUNTY SOARD Dr COUNTY COMMISSIONERS ttemNumber: 111El Meeting Date: Recommenolltion \0 l\pprove 80d execute l\ ResoitriiOO authorizing the Commission Chairmao \0 e~e<:utll Deed Certlficale5 tor the 5.le of burial plots nt Laktr Troltord Memorial Gardens CemlJtary !luring tM 2006 cal.moar year 2i14120069:00:00AM !temSummary: Prepa,'ed By Clunl,,"E.Cllrrington.Jr., "'W'^ FU>alE!;f_9..rvical\M.m~!JII' .- Adminjstrati""Servlc.s Fa"ilitiesMllI1U\lemf!nl 1113J200G12:3"1;Il4PM Apprll\ledBy Sklp Camp. C.f.M. F"",WrtiflliMlmlllle"",mDire"t\>' 0." Admmi$;II'IlUveServio.:"$ Flldllti"l> Mana9"'"",m 1!2GnG061:13PM Approved By Len Gold.."Pnco Admini$t..ti"..S.""icB5;1IAmini"'lrator 0... Adn'inil;traliveSl!tvic.... Adr,,;nistrati".. S~'rvic"s Ad'n.... 1i30!20!lG 2:2~ PM Approved By OMBCnordilllllor Administmll......A"'''ist.rrt ...., COllntyM"nager'$OI'f;<:it Offic.. of M"n.ll&m~!llt & Budllfll 1i3GI211064:14PM AllP'"ovedBy Miehaoll3myk<lwski AAllrrallemont&.8m:lljlrtOirecto>r "'" C"<lnty Manaller'.. Otti". om"... (>1 Manl!\lOl""l'1I & Budget 1i31111l(lt3:13PM Approved By u.oE.Ochs.J1. Bn.rdnrCouoty Crnnmissj"nllrs DefiutyC(>llnlyMaoall"r ...., C"'ll'lyManall....sOlfice 1i31i](}WS,liOPM RESOLUTION NO. 2006-_ Agenda Item No. 16E1 February 14, 2006 Page 3 of 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEED CERTIFICATES FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2006 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15. 1964 from J.e. Twner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21. 1964. for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27. 1982. which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 198?, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April I?, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, [he Board adopted Resolution No. 90.242 on May 1, 1990 and Resolution No. 03-290 on September 9, 2003, which revised the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deed Certificates for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deed Certificates for the Lake Trafford Memorial Gardens Cemetery. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chainnan of the Board of County Commissioners to execute Deed Certificates for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 03-290 dated September 9, 2003, and the County's administration ofthat Resolution, whereupon the Deed Certificates have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. 2. The authorization of the Chainnan to execute the Deed Certificates for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2006 calendar year. This Resolution adopted this _ day of ,2006, after motion, second and majority vote. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: , Deputy Clerk BY: Frank Halas, Chainnan ved as to form and legal sufficiency: .~ Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16E2 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2006 Calendar Year. OBJECTIVE: Recommend that the Board of County Commissioners' (Board) approve and execute the attached Resolution authorizing the Board's Chairman, during the 2006 caiendar year, to execute Reai Estate Sales Agreements, Statutory Deeds, and other documents related to the sale of GAC Land Trust Property (Trust Lands) in Golden Gate Estates which were conveyed to Collier County by Avatar Properties, Inc. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and the Board entered into an Agreement (Avatar Agreement) whereby Avatar would convey, in phases, to the County at no cost, 1,061.5 acres of Trust Lands in Golden Gate Estates. These conveyances came with the stipulation that the Trust Lands and money derived from the saie thereof would be used by Collier County for purposes directly beneficial to the residents of Golden Gate Estates. - The Avatar Agreement further provides that transactions must close within 120 days of the date of the appraisal. If not, the Real Estate Sales Agreement becomes null and void and the County, instead of the purchaser, will be required to pay for the cost of the appraisal. Prior to 1989, transactions were submitted to the Board individually for approval. However, recognizing the difficulty in meeting this 120-day timeframe, Boards have since given the sitting Chairman the authority to execute Real Estate Sales Agreements, Statutory Deeds, and other related closing documents on behalf of the Board without the necessity of presenting each transaction to the Board for approval. This process still gives the Chairman, if he or she so desires, the flexibility of having Real Estate Services' staff present a transaction to the Board. All documents required for a sale are first reviewed and approved by the County Attorney's Office prior to submittal to the Chairman for execution. This request only affects those parcels currently on the Available List of Trust Lands for sale. At its December 14, 2004 meeting, Agenda Item 16E4, the Board directed that Trust Lands on the Reserved List can only be moved to the Available List with the Board's approval. The attached Resolution has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: All proceeds from property sales are deposited in the GAC Trust - Land Sales (605). GROWTH MANAGEMENT IMPACT: There is no impact to Collier County's long-range planning effort. RECOMMENDATION: That the Board approve and accept the attached Resolution; authorizing the Chairman to execute the attached Resolution on the Board's behalf; and authorizing the Chairman, during the 2006 calendar year, to execute Real Estate Sales Agreements, Statutory Deeds, and such other documents required for the sale of Trust Lands. .-'" PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales, Real Estate Services / Facilities Management Department Item Number: Item Summary: Me<ltlngOate: Agonda Item No. 16E2 February 1,1,2D06 P"ge2of3 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 16E2 Recommelldation to approve fI Resolution authorizing tl1& Chairman of the 8<lard of Coullty Commissioners, Collier County Florida, t<l execule Agreements. Deed&. lInd OIlier documlllt.. requirud for the &111\1 of GAC Land Tmst property during the 2{l06 Cal.mdar Ytl.ar 2114120069:00cOOAM RuIProIWrlySupNYi""r ""'" P,'eparl!dBy ToniA.Mott Admini$trBliVIISt'Tvic",s Fadllti.."Manallemcm fl2612110t>9:4e:32AM FacHitiesMan"ll"""entOiro<:to' - Approved By S.iIlCllmp,C,F.M. r..cUitW"Manal1lW1enl 1/2mOIl69,40PM AlinlinlstrativtS"rvlees "",. Approved By Charkl",E-Caningt"n,J,., SRiWA. R..aIEst.tI!Sflrvlc"sMan.~' Fadlilie"Ma"'tll'/fYH",t 1/)llJ20061l:45AM u.nGohl..nPrica Adminisl:raUve SflrvicflS Aclminl"tmtor 0., Adminil\fratlv"S..lVic.." Approved By Administl1ltinS..",loo,. Admln;"trntly..Sfltv;~..sAdmj". 1/3U120OG 2:46 PM ApP,'oved By Admlnist",tjyIilA~";s\4llt "." OMflC"nrdinalor C"\lntyM..tl..~r"Onic. OfficII 01 Mllnlly,ment & Bud II" 11JOf20064:2liPfll lIIie""..l Smykuwski Man"II,,"tent&SullgIllO,nr.ctor "",. Approved By 01fi~~ "t Manag"""'l1t& B"dget 1/311200li 3,14 PM JamazV.Mu<id C"...ntyMan..g..r D.. CQlmlv Manallel'll O!f;o;" Approved By eQlUU01 Caunty COlnm;s$.;l>nll... County Man;'ll"r''' Offi1:" 1!31f200g5;50~M RESOLUTION 2006 - Agenda Item No. 16E2 February 14, <,006 Page 3 of 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR TIlE 2006 CALENDAR YEAR. 'WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase j on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on Aprif 5, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguard of staff and legal counsel review of such documents; and WHEREAS, the Board of county Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, TIlEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facilities Management Department, the Finance Department and the County Attorney's Office. 2. The authorization of the Chainnan to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2006 calendar year. This Resolution adopted this _ day of and majority vote. , 2006, after motion, second ATTEST; DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; Deputy Clerk BY; FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: .1./ /. ty1 ~ ,//n____ Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16E3 February 14, 2006 Page 1 of 53 EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. ,- The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period December 17, 2005 through January 19, 2006. FISCAL IMPACT: The total of the changes to contracts is $134,051.25; the total of changes to work orders is ($28,598.84). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department --- ,\gendaltem No 15F3 February 14, 2COf) Page2of53 COLLIER COUNTY SOARD OF COUNTY COMMISSlONERS MeetIng Date: 16E3 Report am! Ratify Staff.Approved Change Orders and Chan!;le~ to WorK Orders 10 60ard- ApprolledConlracts. 2114.'20069:00:00AM IlemNumber: Item Summary: Prepared By DianaO,.L"an A<lm;lI;~tr'1.thI1lA"";,,tllnt D.. AtiminisfratllrQSQrvi""s Purch.~;ng 112liI20GtS:09:45AM Approved By SteveClIm<lU PurchllsmgiGanafalSvcsOir..clor !late Adm;nil'tratlveService& P"",hlllling 1126i200t2,02PM App,.oved By lenGoldenPrice Admin,stratlveS..rvic..sAtiminlstratar "". Administrativ" Servl""" Administrative Services Admin. 1i30i2001i2A7PM App,.oved By OMS CoOTdinalor Adminlstmt;veA'i'ilsta:nt "". COllntyMilnagel'som"" Offh:..olManag<>m"nl&S<ldget 1130120&&4:27 PM Approved Oy JamesV.Mudd Co..otyMan"-!.lor Date E!oardofCQUl1ly Cnmmi\;sillOers Co.."tyMal1ag"'r'~ Office 21312noo 1:~5 PM January Agenda Item No. 16E3 February 14, 2006 Presented to the Board January 2006 Page 3 of 53 Om. ADMINISTRATIVE CHANGE ORDERS REPORT Department % Change from Current BCCapproved SAmount Vendor Name Project No Contract No Change Order No. ProjeclName Aim Engineering & Surveying 63051 04.3583 Change 1 Vanderbilt Beach Road 6.Laning Vanderbilt Bay Construction 90295 05.3800 Change 5 VanderbillBeachParking Garage Vila and Son Landscaping 600981 05-3830-R Change 4 Davis Blvd Phase I (US.41 to AirportRd) Landscape and Irrigation SuretyConstructjon Co. 50031 04.3694 Change 6 Clerk'sMIS5th Floor Renovation BuildingF Item No % Change this Change Order Current Contract SAmount Current BCCapproved SAmount Change Order SAmount Revised Contract SAmount 12119/05 0.00% TECM RR $2.074,542.00 $2,074,542.00 $0.00 $2.074,542.00 0.00% 12/27105 Overview or change: To add the position 01 Office Manager at the rale of $51 ,00 per hour. This will combine the Secretary and Office Engineer positions. $6,324,000,00 Facilities Mgm1. UB $6,356.592.68 $13,70080 $6,370,301.48 022% 0,73% Overview of Change: To provide for the addition of conduit run for the Reservation Software with Payment Processing Syslem (PARCS); hydrost<ltic relief vents as required by the Building Department; an air conditioning unit in the electricat room as required by the Fire Department; and landscaping changes as requested by WC! Communities and Community Development and Environmental Services (COES). 12/27/05 0.00% ATM RR $145,770.15 $145,770.15 $000 $145.770,15 0.00% Overview of change: To add days due to delays with getting palm trees delivered after Hurricane Wilma The contract substantial completion dale has been extended to Ollcember14, 2005 and the completion dale has been extended to December 29,20 05, a total 01 43 ctays. 12/28105 3.05% Facilities Mgml. LJB $283,682.66 $278,839,00 S3,663.00 $287,345.66 1,29% Overview 01 change: To adhere 10 additional fire code requirements as directed by the fire inspector, and to provide proper controls lor the fire alarm system. Johnson Controls replaced the original lirm under contract with Surety, Ihe original firm did not have the capabilities to provide the work required by Collier County. The contract is atso extended by seventy.five (75) calendar days to allow for the complete instailelion ot the fire alarm controls; the new completion date is January 26, 2006. Item No Dot. 12/29/05 Vendor Name Project No Contract No Change Order No. Project Name SprinkleConsu~ing, Inc. N!A 03-3559 Chal'lge4 COl'lsultantServicesforthe Update 01 the Collier County Comprehel'lsive Pathways Plan Department Current Contract SAmount Current BCCapproved $ Amount Change 0"",' $ Amount Revised Contract $ Amount % Change this Change 0""', Agenda Item No. 16E3 February 14, 2006 %Change Page 4 of 53 from Current BCCapproved $ Amount Trans. Planning RR $104,08500 $99,975.00 SO.oo $104,085.00 0.00% 4.11% Overview of change: To extel'ld the contract completiol'l date to January 31, 2006, a total of 30 days, to allow for the adoption of the Comprehel'lsive Pathways Plul'l proposal at the January 12, 2006, MPO (Metropolitan Planning Organiza~on) meeting and to address il'lcomplete tasks and required documentatiol'l. 6 12/29105 Facilities Mgml. US $761.575.00 $748.725.00 $27,100.00 $788.675.00 3.56% 5.34% Disr'leyandAssociates, PA 52009&35010 02-3422 Char'lge 10 Professiol'lalArchitectural Services for New County Fleet Facility Overview of change: To provide lor additional services to prepare the cOl'lceptual site plans lor the Collier Area Transit (CAT) operatiol'ls. The owner of the parcel to the I'lorth-west of the site has agreed to sell the property for CAT operations to the County, and the conceptual site pians are required for both the short and long term use of the land by CAT. Also included in this chal'lge order is a time extension of seventy (70) calendar days to allow for the additional work; the new completion date is October 13, 2006. 7 12/30/05 AOM RR $701,306.16 $701,306.16 $33,874.20 $735,180.36 4.83% 4.83% Hannula Landscaping, Inc. 601344 05-3812 Change 6 Goodierte.Frank Road Lands- cape Irrigation and Installation (Pine Ridge Road 10Vanderbill Beach Road) Overview of change: To add and delete plant materials from the contract as a result of availability, and to allow for the amoul'll needed for walering manually due to delays with water hook-up as a result of Hurricane Wilma. ThA contract completion time has been extended until January 6, 2006, a tolal of 22 days. 8 01/03/06 PUED LW $7,902,473.60 $7,678,866.00 $51,990,75 S7,954,464.35 0.66% 3.59% WhartonSmilh,lnc. 70054 01.3194R Change 4 Completion of the SCRWTP ROExpansion Overview of change: To increase the level of funding necessary to pay for additional c osts; to increase payment and performance bonds; to pay for iate in voice from the hurricane shutterconlractor; and to adjust contract com pletion date 10 December 6. 2005. Item No 0.1e Agenda Item No. 16E3 February 14, 2006 Department Current Current Change Revised % Change % Change Page 5 of 53 Contract BCCapproved Order Contract this Change from Current $ Amount $ Amount $ Amount $ Amount Order BCCapproved $ Amount TECM $2,074,542.00 $2,074,542.00 $0.00 $2.074,54200 0.00% 0,00% RR Vendor Name Project No Contract No Change Order No. ProjeclName 9 01/04/06 Aim Engineering & Surveying 63051 04-3583 Change 2 VandertJiltBeach Road 5-Laning " 01f05f05 Overview of Change: To change Senior Inspeclor due to previous Senior Inspector leaving firm. $179,800.00 Bradanna.lnc 725101 05-3726 Change 2 SCWRF2nd Floor Process Conlrol Building Expansion PUED LWffRR $179.800.00 $0.00 $179,800,00 0.00% 0.00% Overview of change: To purchase and inSlal1 equipment necessary for building expansion not reflected in the original scope of work. Costs for these changes are decluctad from lha allowance. 11 01/09/06 2.21% Westra Construction Corp. PUED 739502 LWfUB 03-3539 Change 3 NCWRF Expansion to 24, 1 MGD Solids Stream $8,672.527.00 $13,692,500.00 $211.981.00 $8.884,508,00 2.44% Overview of change: Tn provide lor modifications to the dewatering building in order 10 improve air quality in the control room, and to motorile the Polymer room door. Aiso included is a cancellation charge from the manufaclurer of the replacement blower. which the County removed from the project. As a result of the additional work. the contract lime was Increased by seventy one (71) days; the rsvisedco mpletion dale is April 27. 2006. " 01f09106 -4.98% KraftConslruction 80602 01.3189 Change 19 Construction Manager at Risk for the North Naples Regional Park Parks & Rec $40.272.349.87 $42,023,463.30 ($340.26260) $39,932,087.27 LJB -0,84% Overview of change: This is a deductive change order due to direct material purchases by the County, which saves the payment of sales tax. Item No Dole 13 01/09/06 Vendor Name Project No GontractNo ChanliJllOrderNo. ProJect Name Surety Construction 52004 04-3630 Char'ige4 Fa<;ada Renovations for the Collier County Courthouse Agenda Item No. 16E3 February 14, 2006 Department Current Current Change Revise<:! % Change % Change Page 6 of 53 Contract BCCapproved Order Contract this Change from Current $ Amount $ Amount $ Amount $ Amount Dnlo, BCGapproved $ Amount Facilities $222,217.10 $330,427.00 $0.00 $222,217.10 0.00% -32.75% LJB Overview of change: To revise the completion date by one hundred twenty (120) calendar days to February 19, 2006, in order 10 allow lime to complete work. 14 01/09106 Facilities LJB EHC,lnc 52162 04-3656 Change 6 Remodeling of the Medical Examiner Facility $399,136.50 $376,000.00 $6,854.00 $405,990.50 1.72% 7,98% Overview of change: To provide an alternate ceiling tile tor the aulopsy area. The original design was to match the existing ceiling tiles, however, odor proof ceiling tiles were requested bylheMedical Examiner,whicn will help to control the odor in this area. 15 01/11106 ATM RR $777,870.83 $755,040.83 $0,00 $777,870.83 0.00% 1.68% Vila & Son Landscaping, Inc. 620717/620713 05-3832 ChangeS Landscape and Irrigalion Uvingslon Road (Vanderbill Beach Rd. to Immokalee Rd,) Overview of change: To add sixty five (65) caiendar days to the contract due to delays with electrical hook-ups; the revised completion date is January 20, 2006. 16 01111/06 ATM RR Vila & Son landscaping, Inc. 600291 05.3830 Change 3 Irrigation RenovationofUS.41 Norlt1 (VBR-Immokalee Road) $277,756,27 $277,756.27 $12,268.98 $290,025.25 4.42% 4.42% Overview of change: To add fifty one (51) calendar days due to delays with slectrical and water hook-ups To add and delets plant material as a result of availability atter Hurricane Wiima. To extend substantial completion date to December 19, 2005 and the linal completion date to January 6, 2006. Item No D"'" Agenda Item No. 16E3 February 14, 2006 % Change Page 7 of 53 from Current aCCapproved $ Arnount Vendor Name Department Project No Contract No Change Order No. Project Name Current Contract $ Amourrt Currerrt BCCapproved $ Amount Change Order $ Amount Revised Contract SAmount %Change this Change Order 17 01/11/06 1.34% Vila & Son Landscaping, Inc. ATM 600277/600275 RR 05-3832 Change 3 Landscape and Irrigation Golden Gale Parkway (Livingston Road. 66th St.) (60th St.-Santa Barbara Blvd.) $411,226,90 $405,776.90 $000 $411,226,90 0,00% Overview of change: To add sixty fiv8 (65) caleodar days due to delays with electrk:al h ook-ups; the contraclcompletjon date has been extended 10 January 20, 2006, 18 01/13/06 8.87% Schenkel Shultz Architecture 52008 98.2867 ChangeS NaplesJailCenler Facilities LJS $911,919,00 $845,41900 $8,50000 5920,419.00 0.93% Overview of change: To provide for the electrical engineering design for the replacement of the existing main electncal and emergency distribution switchgear in Building J (Sheriff'sfacilities),which was over lwenty (20) years old and requ iredreplacemenl. 19 01/13/06 0.95% Schenkel Shultz Architeclura 52008 91q~l'i7 ChOlnOAn Nllflll';5JaiICei'ile, Facilities LJS $920.419.00 $845.419.00 $9,100.00 $929,51900 0,090;. Overview of change: To providp. lnr lhe demolition and replacement of two ajr handlers in tho Naples Jail Center, which were over twenty (20) years old, and required replacement. 20 01/13/06 2.04% Mitchefl& Stari<. 700571 05.3743 Change 1 SCRWTP Lime Soflening Modifications & Upgrades PUED LW $1,923.500.00 $1,923,500.00 $39,217.00 $1,962,717.00 2.04% Overview of change: To standardize contrOl of high servicapumps, repair degraded trench drain, add required fittings and provide jncreased grounding and lightning suppression, " 01/13106 KrattConslruclion 52008 98-2829 Change 39 Naples Jail Agenda Item No. 16E3 February 14, 2006 Department Current Current Change Revised %Change % Change Page 8 of 53 Contract BCe approved Order Contract this Change from Current $ Amount SAmount $ Amount $ Amount 0""', BCCapproved SAmount Facilities $29.623,348.46 $29,914.372.14 $54,021.92 $29,677,370.38 0.18% -D.79% LJB Ilem No o.te VandorN.me Project No Contract No Change Order No. Project Name Overview of change: To provide for an additional water cooler in !he lobby to meet the American Disabilities Acl {ADA) requirements, which will secure Certificate of Occupancy. The replacement of two (2) boiler conlrol panals were required due to damage by waler spouting from a floor drain. At the request of the Sheriff's offiCll, proximity card readers were installed on additional doors, and more conduit was required to accommodate the increased number of phone lines. A sub panel was added to thll second floor electrical room to provide adequate clrcui try fortl1e integrator security electronics system 22 01/18/06 Hannula Landscaping, Inc. 73077/739501/739502 05.3778 Change 1 NCWRFExpansion Landscape Installalioo PUED LW $182,665.00 $182,665.00 $2,034.20 $164,699.20 1.11% 1.11% Overview of change: To add directional bores lor irrigation piping under roadway. to increase IiII dirt quantity to meet actual grade requirements, to change plants subject to infestation, and to extend the finalcomplation date by one hundrs d ninety eight (198) calendar days to March 1 2006, so that a subcontractor can be acquired to install ths water supplyiine. ~ Total Work Order Change Amount $134,051,25 - ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT January 2006 Agenda Item No. 16E3 February 14, 2006 Presented 10 the Board- January 2006 Page !f'6f6:J3 Item Date No Change to Work Order $ Amount 12/20105 Overview of change: Vendor Name Project No Change Order No Project Name Work Order No Contract No Revised Work Order $ Amount % Change from Current Work Order % Change from Original Work Dreier Department Original Work Order $ Amount Current Work Order $ Amount Mitchell & Stark 701581 Change 1 Golden Gate Welitield Improvements. Well 33 PUEO LW $614,458.92 -6.79% $614,458.92 ($41723.48) $572.735.44 -6.79% UG.048 04-3535 To close out project by deleting and adding costs related to the deletion of the well house. 2 12/22/05 0.00% Overview of change: Hole Monies. Inc. HM.FT.04-01 72508 00.3119 Change 1- Mod 3 SCWRF Reliability Improvements Lely High School Force Main $47.537.00 $101,754.00 $0.00 $101,754.00 PUED LW 114.05% To add staff categories and rates for surveyors and computer technician required to prepare accurate design plans. 3 12/22/05 91.18% MAC TEe 60016 Change 1 eEl Services - New Markef Road Improvements at Charlotte Street MAC-FT.05-01 01-3291 $19,530.00 $19,530.00 $17.807.00 $37,337.00 TEeM RR 91.18% Overview of change: To add fifty (50) days 10 the contract in order to add a qualified technician to monitor the project construction operation and a certified Maintenance of Trafftc (MOT) inspector to monitor the work zone, check asphalt plant records, and per10rm material sampling per the Florida Department of Transportation (FOOT) standards. The project completion date has been extended to March 31. 2006. 4 12/30105 .17.29% Surety Construction Co_ SC~02~04 52525 02-3349 Change 1 Renovations of the Main Lobby Courthouse, Building l Facilities Mgmf. $107.229.00 $107.229.00 ($18,535.00) $88.694.00 LJB 817.29% Overview of change: This deductive change order is the result of the decision to reuse the existing counter top and delete the storefront divider from the plans. The commencement of the project was delayed due to difficulties in matching the floor color, so the work order has been extended until February 15. 2006. 5 12/30/05 36.00% Overview of change: Wilson Miller, Inc. WMI-FT-05-01 60016 02-3324 Change 1 Oil Well Road at Immokalee Road Intersection Survey TEeM RR $10,000.00 $10.000.00 $13.600.00 $3.600.00 36.00% To provide a visualization of the proposed parcet takes along the north right-01 -way line of Oil Well Road which is an additional service to the work order assignment. ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT January 2006 Agenda Item No. 16E3 February 14, 2006 Presented to the Board- January 2006 Page 1 ~"3 Item Date No Vendor Name Project No Change Order No Project Name Work Order No Contract No Department Original Wall< Ordar $ Amount Current Work Order S Amount Change to Work Order $ Amount Revised Work Order $ Amount % Change from Original Wall< Order % Change from Current Work Order 01/13/06 Bonness. Inc. 66065 Change 1 Golden Gate Parkway at 44th 5t SW t ntersection Improvements BOC-FT-3773-06-02 05-3773 TECM RR $74,694.98 $74.694.98 $10,252.64 $84.947.62 13.73% 13.73% Overview of change: To remove fiber cables from their termination to the signal cabinet, relocating both Traffic Operation (TO) and Callier County Public Schools hand..f1oles, and then re-installing the fiber cables approximately 20' south of the current location from the signal cabinet back to their terminations. The fiber optic cables were installed by TO after the project was designed. The new completion dale has been extended thirty one (31) calendar days. to March 3. 2006. 01/13/06 Q. Grady Minor QGM-FT -03-04 34207 01.3290 Chenge 1 East Naples Community Park Senior Citizen Expansion Project Parks & Rec LJB $20,500.00 $20.500.00 $0.00 $20,500.00 0.00% 0.00% Overview of change: To add staffing titles and the associated hourly rates. which are not included in Schedule A-1 of the contract. This change order complies with the contract requirements and ensures payment for the hours billed against these titles. 8 01/13/06 Q. Grady Minor 80071 Change 1 951 Boat Ramp Expansion QGM-FT-03-05 01-3290 Parks & Rec LJB $72,000.00 $72,000.00 $0.00 $72,000.00 o.oo~/o 0.00% Overview of change: To add staffing titles and associated hourly rates, which are not included in Schedule A-l of the contract. This change order complies with the contract requirements and ensures payment for the hours billed against these tilles. Total Changes to Work Orders Amount 1$28,59&.84) CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Vanderbilt Beach Road CR 862 PROJECT #:111 118S /;.!3cJ5/ BIDIRFP #~r ~D #: I POt: 4500031427 WORK ORDER #: Agenda Item No. 16E3 February 14, 2006/ Page 11 of 53 01 DEPARTMENT: ToEoCoMo Original Contract Amount: S 2.074.542000 (Starting Point) Current BCC Approved Amount: S 2.074.542000 (Lest Tom} Amount AppnMxl by the BCC) D1E'R re 0 \f DEe 1"6 Currellt Contraet Amount: $ 2.074.642.00 (Including AU Changes Prior To This Modificatioo) Cbange Amount: S 0.00 $~ :2. () '7~, 51;).0(, (lneloding 1bii Change Order) Cumulative DoUar Value of Changes to this Contrac:tIWork Order: S 0.00 Revised Contrac:tIWork Order Amount: Data of Last Bce Approval Agenda Item # Percentage of the change over/under current contract amount 0 % Fonnula: (CulTent Amount / Last BCC approved amOUnt)-1 Results and Actions: If the changa exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding wor1c order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S): ORIGINAL: January 23. 2008 CURRENT: January 23. 2008 SUMMARY OF PROPOSED CHANGE (S): IdentifY the changes. This chanlle order will add the DOsition of OffiCI Manatrer at the rate of$51.00 / Hr. this !)Osition is a combination of the Secretary and Office Enltineer ;;;sition (5), JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The OffiCE Manaaer oosllion is a combination of the Secretary and Office Enaineer DOsition(S) this will allow ~n,:;;;j te advancement. This is a zero dollar chanoe order. '* PARTIES CONTACTED REGARDING THE CHANGE: LYnn R. ~~ P.~:rinci:1 pro~ Manaaer. Collier Counl'r Transoortation Enainearina & Construction Manaaement De~ _t: E_~ Ma~~ Proj_ Mancer. Collier Countl Transoortatlon Enalneerina & Construction Manaaement Deoartment IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N1A) ...:x.... Proposed change is consistent with the scope of the existing ag~t ..1L Proposed change is in fact an addition or deletion to the existing scope ...:x.... Change is being implemented in a manner consistent with the existing agreement ...:x.... The appropriate parties have been consulted regarding the change ~ Proposed prices. fees and costs set forth in the change are reasonable Revised 4/2512005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 Page 12 of 53 a !< ~.- PROJECT NAME: Vanderbilt Beach Parkina Garaae PROJECT #: 90295 61D/RFP #: 05-3800 MOD #: 5 pO#: 4500044388 WORK ORDER #: n/a DEPARTMENT: Facilities Manaaement Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: Revised ContractIWork Order Amount: $7 ,596,000.00 (Startln9 Point) $6,324,000,00 (La.t Total Amount Approved by tile BCC) $6,356.592.68 (Including All Changes Poor To ThIs Modification) $13.708.80 ~6.370,301.48 (Includin9 Thi. Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: ($1.225,698,521 Percentage of the change over/under current contract amount: 0.73% Formula: (Current Amount I Last Bee approved amount}1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to Bee on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. Date of Last BCC Approval June 14, 2005 Agenda Item # 16.E.6 CURRENT COMPLETION DATE (S):ORIGINAL: 12/7/05 CURRENT: 1/27/06 SUMMARY OF PROPOSED CHANGE (51: Identifv the chanaes, PCO. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The drawinqs did not include a conduit run for the PARCS system. hvdrostatic relief vents as required bv the Buiidinq Department. an air conditionino unit as required bv the Fire Department and iandscapinq chanoes as required bv WCI and CDES. PARTIES CONTACTED REGARDING THE CHANGE: Purchasinq: Linda Best: Facilities: Skio Camo. Peter Havden: Blake Thomas (CH2MHill): Elliot Hathom (Walker Parkinq Consultants) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ..:::L Proposed change Is consistent with the scope of the existing agreement --.::L. Proposed change is In fact an addition or deletion to the existing scope --.::L. Change Is being implemented in a manner consistent with the existing agreement --.::L. The appropriate parties have been consulted regarding the change --.::L. Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE ECOMMENDATION: This form is to be signed and dated. Date: 1'~oJ;S ~I Date: /2/L)/~ , APPROVE BY: P REVIEWED BY: Co Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 3 February 14, 2006 Page 13 of 53 PROJECT NAME: Davis Blvd. Ph. 1 IUS 41 - A/mort Rd.) PROJECT #: 600981 BIDIRFP #: 05-3830. R MOD #: ~ PO#:4500047311 WORK ORDER #:N/A DEPARTMENT:ATM Original Contract Amount: S 131.941.95 (Starting Point) Current BeC Approved Amount: S 145.770.15 (Last Total Amount Approved by the Bce) Current Contract Amount: $ 145.770.15 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 Revised ContraetIWork Order Amount: $ 145.770.15 (Inclnding This Change Order) Cnmulative DoUar Value of Changes to this ContractIWork Order: S 13.828.20 Date of Last BCC Approval SeDtember27. 2005 Agenda Item # G.2 & G-3 Percentage of the change over/under current contract amount ~ Fonnula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (5): ORIGINAL: November 16. 2005 CURRENT: December 29. 2005 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Addlnc davs due to delavs with the Palms due to Hurricane Wilma. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Addin<;l davs due to Palms deliverv beinc delaved due to Hurricane Wilma. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Rocer Dick. Joroe Freire. Michael McGee. Gloria Herrera. Rhonda Rembert. Diane Flacc. Nonnan Feder. and Steve Camell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope - Y - Change Is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change - Y _ Proposed prices, fees and costs set forth in the change are reasonable REVIEWED BY: ! I , '.Rhonda Rem DATION: This fonn is to be signed and dated. ~ om; 2[~7o;r Date: ;);g: f APPROVED BY: , Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 ,1 Page 14 of 53 '1 PROJECT NAME: Clerk's MIS SUI Floor BuildinG F PROJECT #: 50031 BID/RFP #: 04-3894 MOD #: LPO#: 45OQOo1OO43 WORK ORDER #: DEPARTMENT: Facirtties Original Contract Amount: $ 233,839.00 (StartiDg Point) Current BCC Approved Amount: S 278,839.00 (Last Total Amount Approved by !be ace) Current Contract Amount: $283,682.66 (Including All Changes Prior To This Modification) Revised ContradIWork Order Amount: S 3,663.00 S 287,345.66 (IucIodiog This Change Older) Cumulative Dollar Valae of Cluulges to this ContractlWork Order: $53,506.66 Change Amount: Date of Last acc 12/16104 Approval Agenda Item # 16 E 9 Percentage of the change over/under current contract amount % 3.05 Formula: (Current Amount f last BeC approved amount)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on Purchasing report For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORlGINAL: 7126105 CURRENT: 01/26106 SUMMARY OF PROPOSED CHANGE (S): Additional fire codes from the Fire Marshall. Switching from Surety's sub to Johnson Controls fur fire alarm system. Also adding 75 day to contract time. JUSTIACATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Johnson's is a sole source for controls. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce . Clerk's staff. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NfA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed mange is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the mange _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER APPROVE BY: plbj REVIEWED BY: Co Date: CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 C Page 15 of 53? ,';;,.,'C,,' PROJECT NAME: Consultant Services for the Update of the Collier County Comprehensive Pathways Plan PROJEct #:' N/A . BID/RFP #: 03.3559 MOD #; 4 PO#: 4500048231 WORK ORDER #:NJA DEPARTMENT: Transportation O,rigillaI Contract Amount: ~ 99,.976.00 (Stming Point) '.::'.:..:.:.....,...., Cu'rrent BCC Approved Amount: $99,976.00 (Last Total Amount Approved by tho Bee) Current Contract Amount: $104,086.00 (Including All Changes Prior To This Modification) ;;.:.'.,.....:.,.:::......-.,.. :::'...,,, ;,-,,',":',,":::";' "","'., Cllsnge Amount: $0 .... Revised 'ContractIWork Order Amount: $104,086.00 (Including This Cbange Cumulative DoUar Value of Changes to this Contract/Work Order: $4110.00 _______._1 -,~._._--_._..:_---,-'-_._:,,- Date of Last BCC Approval: 2/24/04 Agenda Item #16 B4 Percentage of the change over/under current contract amount 0% Fonilula: (Current Amount / Last BCC approved amount)-1 . Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific Information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CtJR~ENTCOMPLETI()NDAfE ($): ORIGINAL: 6/20/2005 CURRENT: .1/3112006 S4M!\Il~'(': OFPROPOSE[)jCHANGE (S): Id~ntify .the chanJ;les_ To exten~f thE! contract timE! t() Januar 31,~90~t()all()w forme adoption of tfte Comprehensive Pathways Plan. proposal at the January 12 ,200 N1POJl/leeting,andto address any incomplete tasks an(l required documentation. JlJSJIFtc;ATION FOR CHANGE (s;):What value or benefit do these changes provide to the project'? The projectschedtllewas moved back due tothe effects of the hurricane and rescheduled meetings. PARn~S CONTACTED REGARDING THE CHANGE: Charles Barmby-MPO Director, Rhonda Rember Contract Specialist, Barbara Garland-Sprinkle Constllting IMPLEMENTATION STEPS (Verify each before proceeding with change uSingY, N or N/A) _ Y _Proposed cf1ange is consistent with the scope of the existing agreement 3_ Proposed changE'! is in fact an addition or deletion to' the existing scope _ Y_ Change is being implemented in a manner consistent with the existing agreement _V_The appropriate parties have been consulted regarding the change _N/A_ Proposed prices, fees and costs set forth in the change are reasonable I r PRO. JE~T MANAGE~RycOMMENDATION: This form is to be ~:g..:z{ and dated. APPROVED BY: 1'L-, I Date: ., (' i' -5" Char! .. mb ,MPO Director ' I Revised 10/5105 / REVIEWEDBYl ffI~/''Ib~:te: Rhonda Rembert. Contract Specialist Agenda Item No. 16E3 February 14, 200& ..... !O'/ blfla:S Page 16 Of536~ R,,-'{Ls.~d 10/5/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 G February 14, 2006 . Page 17 of 53 PROJECT NAME: Fleet Facility PROJECT #: 52009 / 35010 BID/RFP #: 02-3422 MOD #: 10 PO#: 4500048657 WORK ORDER #: n/a DEPARTMENT: Facilities ManaQement Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: $500,000.00 (Sfarting Point) $748.725.00 (Last Total Amount Approved by the aCe) Change Amount: $761,575.00 (Including Ail Changes Prior To This Modificafion) $27,100.00 Revised ContractIWork Order Amount: $788.675.00 (inciudlng This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $288.675.00 Percentage, of the change over/under current contract amount: 5.34% Formula: (Current Amount I Last BCe approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. Date of Last BCC Approval Julv 26, 2005 Agenda Item # 16.E.15 CURRENT COMPLETION DATE (S):ORIGINAl: 5/5/05 CURRENT: 10/13/06 SUMMARY OF PROPOSED CHANGE (5): Identify the chanQes. The oriQinal contract called for desianina the project in two major phases: the County Fleet Facility and the Sheriff Fleet Facility. Now that it has been decided to purchase the land adjacent to County Barn and to include the Collier Area Transit (CAT) operations. the adjacent property owners were contacted to neaotiate the purchase of their land. The owner of the parcel to the north/west has conceptuallv aareed to sell and therefore conceptual site plans are needed for both short and lana term use. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additjonal fees are needed to develop appropriate site plans. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Linda Jackson. Facilities: Skip Camp, Chuck Carrinaton, Peter Havden. CAT: Dianne Flaoo, Liz Suchsland IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonabie PROJECT MANAGER RECOMMENDATIO APPROVE BY: n3.. Proj REVIEWED B : . This form is to be signed and dated. Date: /~;,S~/a5" Date: I L/zr!"ir- Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 -1 February 14, 2006 I Page 18 of 53 PROJECT NAME: Goodlette-FrankRoad IPRR - VBRI PROJECT#: 601344 BIDIRFP #: 05-3812 MOD #: Ii PO#:4500047320 WORK ORDER #:.MlA. DEPARTMENT: ATM Original Contract Amonnt: $ 631.635.43 (Starting Point) Current BeC Approved Amonnt: $ 701.306.16 (Last Total Amount Approved by \he Bee) Current Contract Amount: $ 701.306.16 (Including All Changes Prior To This Modification) $ 24.915.39 (Continll!encv BCC Aooroved) 1&~1tl',16 ~ $ PIl!8.!1tllncreasetocontracO ",;:;t, ..!5/S, '# 4 . Y It f <f. l.-V -ph< $ 735.180.36 c:53. 1 . ;7/'5./ (Including This Change Order) Change Amount: Revised Contract/Work Order Amount: Cumulative Dollar Valne of Changes to this Contract/Work Order: $ 103.544.93 Date of Last BCC Approval December 13. 2005 Agenda Item # 16B-4 Percentage of the change over/under current contract amount 4.83% Fonnula: (Current Amount f Last BCC approved amount)-1 Results and Actions: If the. change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section 1lI.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: November 16. 2005 CURRENT: Januarv 6.2006 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. This change order adds and deletes items to the contract. It also includes the amount for manuallv watering due to delavs In water hook-UDS. JUSTIFICATiON FOR CHANGE (5): What value or benefit do these challges provide to the project? ~ changes were due to Dlant material availability after the hurricanes and watering manuallv due to delavs with water hook-UDS. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Dale Hannum. Gall Boonnan. Gloria Herrera, Rhonda Rembert. Diane Fraaa. Norman Feder. and Steve Carnell IMPLEMENTATioN STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: REVIEWED BY: DATION: This form is to be signed and dated. 7. 7_ ~&/o.r- Date: _ ~ <3J Date: '; ~ cfttJ d:5 Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14. 2006 Page 19 of 53 q PROJECT NAME: Completion of the SCRwrP RO Expansion PROJECT #: 70054 BID/RFP #: 01-3194R MOD #: 4 po#:4500D 3;1.. OI.SWORK ORDER #: DEPARTMENT: PUED Original Contract Amount: $ _3,000,000.00 (Starting Point) Current BCC Approved Amount: $ 7,678,866.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $_7,902,473.60 (Including All Changes Prior To This Modification) Change Amount: $ 51,990.75 Revised Contract/Work Order Amonnt: $ 7,954,464.30 (Including This Change Order) Cumulative DoUar Value of Changes to this Contract/Work Order: $_4,954,464.30 Date of Last BCC Approval_9/28/04 Agenda Item # _1 01 Percentage of the change over/under current contract amount_3.59 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL: 8/1/05 CURRENT: 9/30/05 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase level of project funding necessary to close out project by paying for bond premium increase and late invoice from hurricane shutter subcontractor. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To reimburse contractor for necessary costs incurred in order to close out the project. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Wood, Bonnie Zinn, Metcalf & Eddy IMPLEMENTATION STEPS (Verify each before proceeding with change usingY, N or N/A) ....y _ Proposed change is consistent with the scope of the existing agreement _n_ Proposed change is in fact an addition or deletion to the existing scope -y_ Change is being implemented in a manner consistent with the existing agreement _y_ The appropriate parties have been consulted regarding the change ....Y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY: IE f ~ Date: If, !If- REVIEWED BY: Date: 3~. ~.6 Contr~~lis)n I~ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 C\ Page 20 of 53 I PROJECT NAME: Vanderbilt Beach Road CR 882 PROJECT #: 63061 SIDIRFP II: 04-3683 MOD ,,: DEPARTMENT: T.e.C.M. 2 POIJ: 4&00031<168 WORK ORDER II: Curnllt Contract AmlllUlt: $ 2.074.542.00 (StarliD& Point) $ 2..074.542..00 (Last Total AmouDl Approvod by the BCC) ./ $ 2.074..642.00 (Including All Changes Prior To This Modification) OriglDal Conlract Amount: Current BeC Approved Am.onnt: Chuge ADlount: $ 0.00 S 0.00 (IDcludiDs This CIIaotle Order) Cnmulatlve Dollar Value orClwlges to this ContractlWork Order: $ 0.00 Revised CoDtractIWOrk Order Am.oant: Date or Lut BCC Approval Agenda Item # Parcantage or the change over/under current contract amount - Fonnula: (Current Amount I Last Bce approved amount)-1 Results and Actions: If the change exoeeds 10% ace approval is reqUired; under 10% reported to BCC on Purchasing report. For speciIIc information regarding wor1c: order thresholds, please refer to the Contract Adrninlslration Procedures. SectIon III.C.4. o % CURRENT COMPLETION DATE (S): ORIGINAL: Januarv 23. 2008 CURRENT: Januarv 23. 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the claaDges. This chane" order will add Matthew Distel 0 KCCS. Inc. for the DOsition of Senior Inspector for this oroiect at the rate of$67.oo 1 Hr. V JUSTIFICATION FOR CHANGE (S): What value or benefit do u-e changes provide to the project? Currenfi' Aim's Sr. Insoector has resianed: he will be DUrsuina interests outside the C.E.I field. this Proiect will benefit wi\h Mal Qislel's exoerience at the Sr. Insoector. This is a zero dollar chanae order. PARTIES CONTACTED REGARDING THE CHANGE: Lvnn R. Thoroe P.E.. Princioal Project Manaaer. Collier Count Transoortation Enaineerina & Construction Man_ment Deoartment.: Eddie Martin. Proiect Mancer. Collier Coull!: Transoortation Enalneerina & Construction Manaaement Deoartment IMPLEMENTATION STEPS (Verify each before protudlng with change using Y, Nor N1A) ..:L Proposed changa Is conslstant with tha scope of the existing agreement JL Proposed change is in fact an addition or deietlon to the existing scope ..:L Change is being implemented in a manner consistent with the existing agreement .:L The appropriate parties have been consulted regarding the change N1A Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: this form is to be signed and dated. __APPROVE BY: 1.2. -ZI- oS E' REVIEWED BY: (, Contract Revised 4/25/2005. \ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E$O February 14, 2006 Page 21 of 53 PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725101 BID/RFP #: 05-3726 MOD #: 2 PO#:_4500041168_ WORK ORDER #: DEPARTMENT: Public Utilities Enqineerinq Original Contract Amount: $ 179.800 (Starting Point) Current BCC Approved Amount: $ 179.800 (Las, Total Amount Approved by the BCC) I Current Contract Amount: $ 179.800 (Including All Changes Prior To This Modification) Change Amount: $ 0 Revised Contract/Work Order Amount: $ 179.800 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 0 Date of Last BCC Approval 11116/04 Agenda Item # 16(Cl5 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S): ORIGINAL: 2/1/06 CURRENT: 2/6/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (1 l 4ft chain link gate at ships ladder [$6/4.441 (2) Adding exhaust fan to compressor room shed to provide fresh air in compressor room and to keep the compressor cool. [$1682.431 (3) new stainless steel sink and goose neck faucet in electronics lab [$1145.551 (4) relocate starter box for air compressor due to inadequate space inside compressor enclosure [$179.271 (5) Cut and cap industrial acid pipe [$2006.551 (6) Upgrade SMART Board and furnish proiector [$5030.331 Costs for changes are to be deducted from allowance JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Omitted from the oriainal desiqn. PARTIES CONTACTED REGARDING THE CHANGE: Desiqn professional and Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A) - Y _ Proposed change is consistent with the scope of the existing agreement - Y - Proposed change is in fact an addition or deietion to the existing scope - Y - Change is being implemented in a manner consistent with the existing agreement - Y _ The appropriate parties have been consuited regarding the change - Y - Proposed prices, fees and costs set forth in the change are reasonable Revised 4/25/2005 PROJECT MANAGER RECOMMENDATION: This form is to be sig~ed ~nd datectge~~t;~ea~ ~~',1~~~ AP~ROVE BY: ~ - Date: l /4 !bre Page 22 of 53 Pro' r ,I I REVIEWED BY: Date: {51~b Contract Specialist Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 1.a2006 Page Z:l' of'53 /I PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BIDIRFP #: 03-3539 MOD #: 03-01 PO#: 4500016028 WORK ORDER #: NIA DEPARTMENT: Public Utilities Original Contract Amount: S 8.692.500.00 (Starting Point) Current BCC Approved Amount: $ 8,692,500.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 8.672.527.00 (lnc1uding All Changes Prior To This Modification) Change Amount: $ 176.852.00 Revised Contract/Work Order Amount: $ 8.849.379.00 (Including This Change Order) Cumulative DoUar Value of Changes to this Contract/Work Order: $ 156.879.00 Date of Last BCC Approval 9/23/2003 Agenda Item # 10A Percentage of the change overlunder current contract amount 1.80 % Formula: (Current Amount I Last BGG approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BGC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section.IV.3.d CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION: ORIGINAL: 07/02/2005 FINAL COMPLETION: ORIGINAL: 09/30/2005 CURRENT: 01/17/2006 CURRENT: 04/15/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Materials, labor and equipment to perform structural, architectural, HV AC and electrical modifications to the Dewatering Building Control Room to improve the working environment in this manned area adjacent to the sludge belt press room: 1. Remove all drywall material and suspended ceiling material within the existing portion of the Control Room. 2. Provide multiple vestibules and additional doors to Increase physicallenvlronmental separation between the be~ press room and the control room. 3. Modify and upgrade the proposed HVAC system to further improve the working environment within the control room, including incorporation of humidity controls in the air conditioning unit and modifications to proposed ductwork. 4. Provide metal suspended ceiling system within the existing and proposed portions of the control room. 5. Related miscellaneous structural, architectural and electrical work required to affect the environmental modifications listed above. This additional work impacts the Contractor's critical path for project completion. As such, the Contractor has requested addilions to the contract times for substantial and final completion as shown above. Revised J 0/5/05 Agenda Item No. 16E3 Iln February 14, 2006 , Page 24 of 53 JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? - The additions and modifications described above were requested by the County's Operations and Risk ."'anagement departments to improve the working environment within the control room. It is the Engineer's understanding that the County's air quality consultant measured elevated levels of mold in existing portions of the existing control room, especially in drywall and suspended ceiling materials. Possible causes identified in the air quality consultant's report included leaks in older portions of the exterior wall of the control room that allowed outside water to enter the room; long-term migration of wash down water from the press room into the control room; long-term lack of environmental separation between the press room and the control room; and potential for accumulation of contaminants within the existing ventilation system. Proposed environmental upgrades are intended to improve the working environment within these manned spaces. As a result, this is a health and safety based betterment to the project. The Contractor has submitted a change impact schedule to substantiate that the changes above impact the critical path of their CPM schedule. The Engineer has reviewed the submitted change impact CPM schedule and has determined that the request for additional time is fair and reasonable. Revised 10/5/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item N./;l. 1~ February lj,"2~ Page 25 of 53 " ~. PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BIDIRFP #: 03-3539 MOD #: 03-02 PO#: 4500016028 WORK ORDER #: N/A DEPARTMENT: Public Utilities Origioal Contract Amount: $ 8.692.500.00 (Starting Point) Current BCC Approved Amonot: $ 8.692.500.00 (Last Total Amount Approved by the Bee) Cnrrent Contract Amonnt: $ 8.849.379.00 (Including All Changes Prior To This Modification) Change Amount: $ 5.357.00 Revised ContractIWork Order Amonnt: $ 8.854.736.00 (Including This Change Order) Cumulative Dollar Value of Chauges to this ContractIW ork Order: $ 162.236.00 Date of Last BCC Approval 9/2312003 Agenda Item # 10A Percentage of the change over/under current contract amount 1.87 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (5): SUBSTANTIAL COMPLETION: ORIGINAL: 07/02/2005 FINAL COMPLETION: ORIGINAL: 09/30/2005 CURRENT: 01/17/2006 CURRENT: 04/15/2006 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Malerials, labor and equipment to provide electrical power to the motorized operator on the overhead access door to the proposed Dewatering Building Polymer Room. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The overhead access door to the proposed Dewatering Building Polymer Room was specified with a motori:ced operator. However, electrical power supply to the motorized operator was inadvertenIly omitted from the Contract Drawings. Had this item peen discovered during the design period, it would have been incorporated into bidding documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. Revised 10/5/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Ite~0~E3 February ~ 06 Pa 2 of 53 de- PROJECT NAME: NCWRF Expansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BID/RFP #: 03-3539 MOD #: 03-03 PO#: 4500016028 WORK ORDER#: N/A DEPARTMENT: Public Utilities Original Contract Amount: $ 8.692.500.00 (Starting Point) Current BCC Approved Amount: $ 8.692.500.00 (Last Total Amount Approved by the Bee) Current Contract Amount: $ 8.854.736.00 (Including All Changes Prior To This Modification) Change Amount: $ 11.789.00 $ 8.866.525.00 (Including This Change Order) Revised Contract/Work Order Amount: Comulative Dollar Value of Changes to this Contract/Work Order: $ 174.025.00 Date of Last BCC Approval 9/23/2003 Agenda Item # 10A Percentage of the change over/under current contract amount 2.00 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding wori< order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION: ORIGINAL: 07/02/2005 FINAL COMPLETION: ORIGINAL: 09/30/2005 CURRENT: 01/17/2006 CURRENT: 04/15/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Materials, equipment and labor to install extensions to the mounting curbs for the proposed roof-mounted exhaust fans at the Sludge Dewatering Building. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The design detail calis for an 8-inch tali structural mounting curb for each of the roof-mounted exhaust fans. The design drawings also cali out installation of sloped rigid insulation and built-up roofing on the Sludge Dewatering Building roof. Based on the thickness of the roofing system, ,the 8-inch tall fan curbs are not tall enough to aliow instaliation of flashing and counter-flashing to make the roof/fan penetration water-tight. Additional (identical) curbs are proposed to be instalied on top of the originally designed curbs to extend the total curb height and aliow the flashing and counter-flashing to be installed for a water-tight roofing system. This change is the result of a coordination oversight during project design. Had this issue been identified during design. the second curb extension would have been detailed at each location. As such, it would have been incorporated into bidding . documents and the additional costs included in this change item would have been included in a higher lump-sum bid price for the overall project. The Engineer has reviewed the proposed costs and finds them to be fair and reasonable. This change results in additional work but no re-work to the contract. Revised 10/5/05 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item NO~6Eil. February 14, OO~T Page 2 of 53 ! I <i PROJECT NAME: NCWRF Exoansion to 24.1 MGD - Solids Stream PROJECT #: 739502 BIDIRFP #: 03-3539 MOD #: 03-04 PO#: 4500016028 WORK ORDER #: N/A DEPARTMENT: Public Utilities Original Contract Amount: $ 8,692.500.00 (Starting Point) Current BCC Approved Amount: $ 8,692.500.00 (Last Tot.1 Amount Approved by the BCC) Current Contract Amount: $_ 8.866.525.00 (Including All Changes Prior To This Modification) Change Amount: $ 17.983.00 Revised ContractIWork Order Amount: $ 8,884.508.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Controct/Work Order: $ ] 92,008.00 Date of Last BCC Approval 9/23/2003 Agenda Item # 10A Percentage of the change over/under current contract amount 2.21 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report, For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures. Section IV.3.d CURRENT COMPLETION DATE (5): SUBSTANTIAL COMPLETION: ORIGINAL: 07/02/2005 FINAL COMPLETION: ORIGINAL: 09/30/2005 CURRENT: 03/1 CURRENT: 27/2006 SUMMARY OF PROPOSED CHANGE (5): Identify the changes, 1. Contractor and suppliers' administration charges to cancel an order placed by the County for the purchase of a replacement blower to serve the existing NCWRF Sludge Holding Tank ("Digester") at the north end of the facility. 2. Change in construction sequence. 3. Addition time for contract substantial and final completion dates to meet the revised construction sequence. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? 1. The replacement blower was originally requested by the County to allow for full operation of the existing Sludge Holding Tank. The County determined that the existing Sludge Holding Tank (hereafter called "Digester") must remain in full operation in order to allow the Contractor to remove the existing Sludge Gravity Thickeners from service for their conversion under this contract to Aerated Sludge Feed Tanks. Between the time of project bidding and the critical point of construction, one of the two "Digester" blowers failed. It was determined by the County that the most expedient way to allow the Contractor to proceed with contract conversions of the Gravity Thickeners to Aerated Sludge Feed Tanks was to purchase and install the "Digester" replacement biower. It was later determined by the Engineer that the proposed replacement blower could not be effectively controlled to meet the rising and falling sludge levels within the "Digester". The County, Contractor and Engineer subsequently agreed that the replacement blower order be cancelled. By this time the Contractor and the blower supplier had proceeded with the order, therefore resulting in charges to cancel the order. Revised 10/5/05 Agenda Item No. 16E3 February 14, 2006 2. In order to maintain operational requirements identied by the County, the construction sequence ~!lli1<ml:1lJ6 so that the new Aerated Sludge Holding Tanks (in this contract) are placed into service before allowing the thickeners to be removed from service together to allow their conversions to Aerated Sludge Feed Tanks. 3. The change in sequence impacted the critical path of the Contractor's CPM schedule. The Contractor has submitted a change impact schedule to substantiate that the changes above impact the critical path of their CPM schedule. The Engineer has reviewed the submitted change impact CPM schedule and has determined that the request for additional time is fair and reasonable. lie PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Consultant. PUED Proiect Manaoer. NCWRF Superintendent IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consutted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable CONSULTING ENGINEER'S RECOMMENDATION: This form is to be signed and dated. RECOMMENDEDBY:~~~ Date: 1"1.-,q...O) \<.vll"t A. ConSUlting Engineer ) ~,O.i. (l-'A~t'\,,) ~S'"~\(in- I~'( . PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. / RECOMMENDED BY: I"h1 Date: I z...~z.,(bS , P. Date: I 1t,.tIo G:, t ... Ol~ 11:50/0) (Z.a.,(o/\~I)8)~' Pi5A 5"J..o...W- . -P~J..:'L1 fV\i91'J~ REVIEWED BY: Revised 10/5/05 Agenda Item No. 16E3 ./ '1 February 14, 2006 rI-- Page 29 of 53 PROJECT NAME: NORTH COLUER REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK PROJECT #:80602 \.tV". n"'-".I..un" "',........ ....__.. ._......_... CHECKLIST FORM .' BIDlRFP #: 01-3189 MOD #:19 PO#:4500037217 DEPARTMENT: PARKS AND RECREATION Original Conll"act Amount: 553,802,645.00 (Starting Point) ClUTeI1t BCe Approved Amount: $42,023,463.30 (Last Tala! AIl10UIlt Approved by the 8Ce) Current Contract Amount: $40,21.2,349.87 (Including All Change. Prior To This Modin.moo) Change Amount: ($.340,262.60) $39,932,087.27 (Includ.lng This Change Order) Cumulative DoDar Value of Changes to this ContractIWork Order: ($-13,870,557.73) ReYised Conll"actlWork Oroe.r Amount: Date of Last BCC Apprcwal: 5/2412005 Agenda hem #16{D)4 Percentage of the change under current contract amount: "'4,98% Formula: (Current Amount/ Last aco approved amount)-1 Results and Actions: If the change exceeds 10% BCO approval is required; under 10% reported to BCC on Purchasing report. For speciflo infonnation regarding work order thresholds, please refer to the Contraot Administration Procedures, Section 111.0.4. CURRENT OOMPLETION DATE (S):ORIGINAL: 5/1012006 CURRENT: 5/1012006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This deductive Change Order #: 19 is associated with the Direct Materials Purchase (DMP) of materials directly from the project vendors of the North Collier Regional Park construction project. By deducting the direct costs of certain materials from Kraft Construct/on's purchase order and purchasing directly from the vendor, the CoLinty is able to save the 6% Florida Sales Tax on the purchase. In this case, the savings on the $340,262.60 of purchasee equals approximately $19,260 in tax savings to the County. Collectively, all Changs Orders for tlte DM? add up to $13,870,557.73 which equates to tax savings of approximately $801,760 to the County. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Exhibit 0 of the Contract sets out the procedure for executing the Direct Materials Purchasa (DMP) 0' g09ds. This Change Order is consistent with the contract's proceclures and Is in concert with the County's polley ot S11les Tax savings thru direct purchases. This eaves the County significant amounta.oI money. PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administrator, Purchasing's Contracf Specialist. Clerks Finance Department Special Projects Coordinator, County Project Manager. n ~_.!_...~ A ''''~J''f\{\C l>I1l'd ~d OJ ~3IllOJ 6S:911l 900G-60-N~r Agenda Item No. 16E3 February 14, 2006 I'd. Q. Page 30 of 53 -IMPLEMENTATION STEPS (Verify each before proceedIng with change using Y, N or NI A) - "X_ proposed change Is consistent with the scope of the existing agreement _X- Proposed change Is In faot an addition or deletion to the existing scope J_ Change is being implemented In a manner consistent with the existing agreement .)l. The appropriate parties have been consulted regarding the ohange _lL Proposed prices, fees and costs set forth In the change are reasonable APPROVE BY: D nON: this form Is to be signed and dated. Date: If 3>/6 I Date: / / 9 /i~ '. REVIEWED B \' " ~~ , . I; '. Ih..i...~ .1./?'iI?OO'i _sel' c!. >ICld OJ Cl3 I TlOJ 00:~0 900Z-60-N~r CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16Ei 3 February 14, 2006 Page 31 of 53 PROJECT NAME: Fa~de Renovations of the Collier County Courthouse PROJECT #: 52004 BIDlRFP ,,: 04-3630 _MOD fI: 4 PO#: 4500030390 WORK ORDER # DEPARTMENT: Facilities Original Contract AmoUDt: $ 330,427.00 (&.ding Point) $ 3J0,427.00 (Last ToI8I Amount Approocd by tbe BCC) Current BCC Approval Amount: Current Contract Amount: $ 222,217.10 (lDcIudiDg All Changes Prior To This Mnmr.--) Change Amount: $(0) Revised ContractJWork Order Amoout: $122,217.10 (Including This Change Ordeo-) Comalative Dollar Value of Ch811ges to this ContractJWork Order: $ (108.209.90) Dale of Last BCC Approval 6f8J04 Agenda Item # 13 E 1 Percentage of the change over/under current contract amount % 0 Formula: (Current Amount / Last sec approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to sec on Purchasing report For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: 5f15/02005 CURRENT: 211912006 SUMMARy OF PROPOSED CHANGE (S): This is a 0$ change order. Must be increased per Mary Milat, Clerks Finance in order to process final payment. JUSTIFICATION FOR CHANGE (S); To process final payment. PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes. Proiect Manaaer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ y _ Proposed change is . an addition or deletion to the existing scope _ y _ Change is being' Ie nled in a anner consistent with the existing agll!ement _ Y _ The appropli partie aYe suited regarding the change _ y _ Proposed pri, and forth in the change are reasonable PROJECT MA GE A TlO' form is to be signe an Date: 06 APPROVE Date: L CONTRACTIWORK ORDER MODlFICAOON CHECKLIST FORM Agenda Item No. 16E3 1,1 February 14, 2006 1 Page 32 of 53 PROJECT NAME: ~ of tile Medical F".mlner FacRitv PROJECT #: 52162 SIOIRFP 04-3658 MOD II: 6 POI:04500035108 WORK ORDER iI: DEPARTMENT: Facilities OJi&inal Contract Amount: $ 376,000.00 (Starting Point) Current BeC Approved Amount: $ 376,000.00 (Last ToIal Amount Approved by the Bee) Current Contrut Amount: $ 399,136.50 (In'''nofi''l! All 0laDgeS Prier To This Modifiealion) CIwl. Amonnt: $ 6,854.00 $ 4OS,99O.50 (TDcl1Idius This CbaDge <Xder) Cnmnlathe non.r Value of Changes to this Cmrtrad/Work Order: 529,990.50 Revised Contrad/Work Order Amout: I Date of Last BCC Approval 9/14104 --1 Agenda Item., 16 E 10 Pen:entage of the chenge overfunder current contract amount % 7.98 Formula: (Current Amount / Last BCC approved amount}1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Admlnistration Procedures, SecIion III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: 1/1412006 CURRENT: 212012OO6 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Originally they were going to match the existing ceiling tiles but the Medical Examiner wanted odor proof tiles in the autopsy area, and just" reguJm- match for the rest of the areas. JUsnFICATION FOR CHANGE (5): To help in odor control of the autopsy area.. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce . Anthonv Hamilton. EHC IMPLEMENTATION 5lEPS (Verify each before proceeding with change using Y, N or NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope ~ Y _ Change is being implemented in a manner consistent wilIl the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable TION: This form Is to be signad and elated. II ?/t9G / / 'If 66 . I Date: APPROVE BY: p REVIEWED BY: Date: CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 15' February 14, 2006 Page 33 of 53 PROJECT NAME: Llvlnaston Road IVSR -Immokaleel PROJECT #: 620717 & 620713 BID/RFP #: 05-3832 MOD #:! PotI:45oo047308 WORK ORDER #:N/A DEPARTMENT: ATM Original Contract Amount: S 692.040.83 (Starting Point) Current BeC Approved Amount: $ 765.040.83 (Last Total Amount Approved by thc aCe) Current Contract Amount: $ 777.870.83 (Including All Changes Prior To This Modification) Change Amonnt: $ 00.00 Revised Contraet/Work Order Amount: $ 777.870.83 (Including This Change Order) Cumulative DoUar Value of Changes to this Contrllet/Work Order: S 85.830.00 Data of LaRt SCC Approval June 14. 2005 Agenda Item # ~ Percentage of the change over/under currant contract amount !Y!!!% Formula: (Current Amount / Last BCC approved amount}-1 Results and Actions: If the Change exceeds 10% acc approval is required; under 10% reported to BCC on ' Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S): ORIGINAL: November 16.2005 CURRENT: January 20. 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the chango. Addina davs to the contract due to delavs with electrical hook-uDS. JUSTIFICATION FOR CHANGE (S): What value or benefit do these chango provide to the project? Addina davs due to delavs with the electrical hook-UDS. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Jorge Freire. Scott Windham. Gloria Herrara. Rhonda Rembert. Diane FlaGa. Nonnan Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable ENDATION: This fonn Is to be signed and dated. Date: Date: Revised 4/25/2005 CONT4tCTIWORK ORDER MODIFICATION n . I CHECKLIST FORM ;)^^ I A6-tt bv-" ~4'\~ PROJECT NAME: US 41N~rth (VBR -Imm) Agenda item No. 16E3 February 14, 2006 Page 34 of 53 I~ PROJECT#: 600291 BIDIRFP #: 05-3830 MOD #: DEPARTMENT: ATM 3 PO#:4500047281 WORK ORDER #:N/A Original Contract Amount: $ 277.756.27 (Starting Point) Current BCC Approved Amonnt: $ 277.756.27 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 277.756.27 (Including All Changes Prior To This Modification) Change Amonnt: $ 12.268.98 r ~~ $ 290.025.25 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this Contraet/Work Order: $ 12.268.98 Date of Last BCC Approval Mav 24. 2005 Agenda Item # 16B-18 ~ercentage of the change over/under current contract amount ~% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures. Section III.C.4, CURRENT COMPLETION DATE (S):ORIGINAL: Novembar 16. 2005 CURRENT: January 6. 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addino davs due to delavs with the water and electrical hook-UDS needed to comDlete the Droiect This change order also has some deletes and additions to the contract. lsee attachment! JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes proVide to the project? Addina davs to the contract This change order also has some deletes and additions to the contract. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Joroe' Freire. Mike McGee. Gior!a Herrera. Rhonda Rembert. Diane Flaga. Norman Feder. and Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the eXisting agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: DATION: This form is to be signed and dated. Date: /-1/ Ob Dale: /-//~2J6 REVIEWED B . Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate ParkwaY {L/v- 66 St.l & {60 St. - SBBl PROJECT #:600277 & 600275 Agenda Item No. 16E3 11 February 14, 2006 Page 35 of 53 BIDIRFP #: 05-3832 MOD #: DEPARTMENT: ATM 3 PO#:4500047319 WORK ORDER #:!:!lA Original Contract Amonnt: S 405.776.90 (Starting Point) Current BCC Approved Amount: S 495.776.90 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 411.226.90 (Including All Changes Prior To This Modification) Cbaage Amount: s 0.00 S 411.226.90 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Valne ofCbanges to this Contract/Work Order: S 5.450.00 Data of Last BCC Approval Mav 24. 2006 Agenda ltam # 16B-18 Percentage of the change over/under current contract amount 0.00% Fonnula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds. please refer to the Contract Administration Procedures, Section III.C.4, CURRENT COMPLETION DATE (S):ORlGINAL: November 16. 2005 CURRENT: January 20. 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add/no davs to contract due to delavs In the electrical hook-UDS. JUSTIFICATION FOR CHANGE (S): What value or benefrt do these changes provide to the project? PARTIES CONTACTED REGARDING THE CHANGE: Bob Petarsen. Rooer Dick. Joroe Freire. Scott Windham. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Norman Feder. and Sttlve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: REVIEWED BY:. NDATION: This form 18 to be signed and dated. Date: (- 5'C;(, Dale: I /fir Jib , Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM ~'-'Agenoa Item NO. IbE.) February 14, 2006 I <? Page 36 of 53 PROJECT NAME: NaDles Jail Center PROJECT #: 52008 BID/RFP #: 98-2867 MOD #: DEPARTMENT: Facilities 5 PO#:4500023475 WORK ORDER #: Original Contract Amount: $ 845,419.00 (Starting Point) CurreDt BCC Approved Amount: $845,419.00 (Last Total Amount Approved by the BeC) Current Contract AmouDt: $911,919.00 (Including All Changes Prior To This Modification) Change AmouDt: 58,500.00 $920,419.00 (Including ThIs Change Order) Revised ContraefIWork Order Amount: Cumulative DoUar Value of Changes to this Contract!Work Order: $75,000.00 Date of Last BCC Approval 1/13/2004 Agenda Item # 16 E 7 - Percentage of the change over/under current contract amount % 8.87 Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III,C.4, CURRENT COMPLETION DATE (S):ORIGINAL: 1/31/2006 CURRENT: 1/31/2006 SUMMARY OF PROPOSED CHANGE (S); Identify the changes. Additional services to provide Electrical Engineering design for the replacement of the existing main electrical and emergency distribution switchgear for building JI JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The existing switchgear for the main electrical and emergency distribution power for the building J is original equipment and is over 20 years old. The switchgear Is old, wore out and needs to be replaced. PARTIES CONTACTED REGARDING THE CHANGE: Peter Havden. Pete Tuffo. Garv Krueaer. Ron Hovell, Skio Camp, Mark Callis IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a mannerconsistent with the, existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable Revised 4/25/2005 TION: This form Is to be signed and elated. Date: ;/;]-/06 Date: I //2} 06 I ~ Revised 4/2512005 Agenda Item No. 16E3 February 14, 2006 /<1 Page 37 of 53 0 ~ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 Page 38 of 51q PROJECT NAME: Naples Jail Center PROJECT #: 52008 BID/RFP #: 98-2867 MOD #: 6 PO#:4500023475 WORK ORDER #: DEPARTMENT:Facilltles Original Contract Amount: $ 845,419.00 (Starting Point) Current Bee Approved Amount: $845,419.00 (Last Total Amount Approved by the acC) Current Contract Amount: $920,419.00 (Including All Changes Prior To This MOdlficlllion) Change Amount: $9,100.00 Revised ContractIWork Order Amount: $929,519.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $84,100.00 Date of Last BCC Approval 1/13/2004 Agenda Item # 16 E 7 Percentage of the change over/under current contract amount % 9.95 Formula: (Current Amount f Last BCC approvedamount)-1 Results and Actions: If the change exceeds 10% BeC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4, CURRENT COMPLETION DATE (S):ORIGINAL: 1/31/2006 CURRENT: 1/31/2006 SUMMARY OF PROPOSED CHANGE (S): IdentifY the changes. Additional services to demolish air handlers #7 and #12 and replace with new air handlers. JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? Air handlers #7 e. #12 are original equipment for building J and need to be replaced. PARTIES CONTACTED REGARDING THE CHANGE: Peter Havden. Pete Tuffo, Gary Krueaer. Skip Camp, Ron Hovell. Mark Callis . IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable . ~ Revised 4/25/2005 APPROVE B ( Pr REVIEWED BY: Co Revised 4/25/2005 Agenda Item o. February 14, 200<3/ n. Page 39 of 5J1 -, a. ,. , CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, SRQ6. Page 40 9!)M 'ROJECT NAME: SCRWTP Lime Softenino Modifications & UDorades PROJECT #: 700571 BIDIRFP #: 05-3743 MOD #: 1 PO#: 4500044343 DEPARTMENT:PUED Original Contract Amount: $1,923,500 (Starting Point) Current BCC Approved Amount: $1,923,500 (Last Total Amount Approved by the BCC) Current Contract Amount: $1,923,500 (Including Ail Changes Prior To TIus Modification) Change Amount: $ 39,217 $1,962,717 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 39,217 Date of Last BCC Approval March 8. 2005 Agenda Item # 10 F 'ercentage of the change over/under current contract amount: 2.04 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S): April 14. 2006 ORIGINAL FINAL: April 14. 2006 No chanae to time. SUMMARY OF PROPOSED CHANGE (S): Standardize control of hiah service pumps. repair dearaded trench drain, fittinas. and around & iiahtnina svstems in areas be/na refurbished. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Now is the riaht time to make chanaes and repairs. Contract and BCC approval allows for repairs of unforeseen conditions. PARTIES CONTACTED REGARDING THE CHANGE: Steve Lana. Pam Libbv. Karen Guliani IMPLEMENTATION STEPS (Verify each before proceeding with change USing Y, Nor N/A) Y Proposed change is consistent with the scope of the existing agreement y ~ Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with lhe existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable. PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. PPROVE BY: Karen B. Guliani Project nag r REVIEWED BY: Cont a Date: January 13. 2006 Date: ~Ii;q./ o.{;, -- Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2GeeA Page 41 o~\ PROJECT NAME: Naples Jail PROJECT #: 52008 BIDIRFP #: 98-2829 _MOD #: 39 POI: 4500012306 WORK ORDER # DEPARTMENT: Facilities Original Contract Amount: $ 34,402.176.00 (Starting Point) Current BCe Approved Amount: $ 29,914,372.14 (Last Total Amount Approved by the Bee) Current Contract Amount: $ 29,623,348,46 (Including All Changes Prior To This Modification) Change Amount: S 54,021.92 Revised Contract/Work Order Amount: 529,677,370.38 (InCluding This Change Order) Cumulative Dollar Value of Changes to this CoutradJWork Order: S (4,724,805.52) Date of Last BCC Approval 2110/04 Agenda Item # 10 B Percentage of the change over/under current contract amount % -o.~ - 0.1'1'1..1'/" Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific Information regarding Work order thresholds, please refer to the Contract Administration Procedures, Section III.CA CURRENT COMPLETION DATE (S):ORIGINAL: 6/13/06 CURRENT: 6/13/06 SUMMARY OF PROPOSED CHANGE ~S): Additional water cooler at lobby, replacing 2 boiler control,ganels, additional railing, add sprinklers heads to 2" and 3rd floor, install proximity card readers, add sub panel to 2 floor, cooper phone lines to expansion, additional data power items and add eMU wall Room #164. JUSTIFICATION FOR CHANGE (5): Water cooler needed to be added to meet American Disabilities Act (ADA) to secure the certificate of occupancy for the Naples Jail project. The boiler controls panels were damaged by water spouting from a floor draio and they needed to be replaced, Card readers were installed on additional doors per the Sheriff. Additional telephone lines were added as requested by the Sheriff's Office. PARTIES CONTACTED REGARDING THE CHANGE: Peter Hayden, Ron Hoyen. Skip Camo IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties haye been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable - PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. ~/ , APPROVE B'( Pro' REVIEWED BY: C t Date: Date: Agenda1leffl No. I bt:~ February 14, 200~1 Page 42 of 50 \ q ---"'~~-"'"'-^'-"--"'" :i' Agenda Item No. 'r'oE3' February 14, 2006 Page 43 of 53 '1 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM I PROJECT NAME: NCWRF Expansion Landscapinq Installation PROJECT #: / BID/RFP #: 05-3778 MOD #: 1 PO#: 4500049583 WORK ORDER #: /. 73077,739501. 739L N1A DEPARTMENT: Public Utilities Division Original Contract Amount: $ 182.665.00 (Starting Point) Current BCC Approved Amount: $ 182.665.00 (Last Total Amonnt Approved by the BCC) Current Contract Amount: $ 182.665.00 (Including All Changes Prior To This Modification) Change Amount: $ 2.034.20 Revised ContractfW ork Order Amount: $_ 184.699.20 (Including This Change Order) Cumulative Dollar Value of Changes to this CoutractfWork Order: $ 2.034.20 .._~^_-----------i Date of Last BCC Approval 7/26/05 Agenda Item # 16 C 9 Percentage of the change over/under current contract amount 1.1 % Formula: (Current Amount I Last BCC approved amount)-1 . Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV,3.d CURRENT COMPLETION DATE (S): SUBSTANTIAL COMPLETION: ORIGINAL: FINAL COMPLETION: ORIGINAL: 11/1/2005 CURRENT: 12/1/2005 CURRENT: 2/15/06 3/1/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1, Add three (3) directional bores for under entry drive and wet wall sign to install irrigation piping and contr wiring, 2. Delete one directional bore for irrigation piping under the roadway near the odor control facility. 3. Add fill dirt to adjust grades for plantings near the main entrance. 4. Minor adjustments in plant types and quantities, mainly the change from red cedar to green buttonwood. 5, Extension of substantial contract completion date from November 1, 2005 to January 15, 2005 and fin. contract completion date from December 1, 2005 to January 30, 2006. ~ JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1. Two (2) of the three (3) sleeves were thought to be already installed under the main road based 0 previous available record drawings. It was determined through field inspection after the bid that thes sleeves do not exist. The other bore is a repiacement for the bore deleted in item 2 below. 2. This deleted bore was replaced by one of the three (3) bores listed in item 1, The bore change results fror relocating the controller from the area of the odor control facility to the area of the front entry wet wa feature, as requested by the Contractor for ease of access/installation. 3. Quantities of fill dirt shown on the contract drawings had to be increased based on actual grades to pluliid, a level grade suriace in this area for planting. 4, Red cedar has experienced damage in the area due to infestation. It was agreed that the greet buttonwood would be more robust and still meet the native species requirements. Revised 10/5/05 ; 1/' / / I I Agenda Item No. 1it3a- February 14, 2006 Page 44 of 53 . , 5. The time eXlen~ll?m 'Na~r<:l(jJ,llred taalklw al:tequa€etrme fore s~arate oQ[1tractor to procUl'e materials and complete lilSlallatlQTl of a "(l' ItrigajiQff tal' {;l!lQ SUPPlY 'pipe 'ftQm" ao exi"trn9l!f)-lnc~ Qlameter reclaimed water pipe adjaoenttoGool?!letfe..Fi'llrtk ROllI?! near the p!!il'lt :entrance react. The $ppJyiille must be lnstal~d In tll'der f<!l' tile land$Ci!Pif1~lcQOtraet0l'lo:com\lle1e and lest the Irtisrali"f1sy~m,prlor to planting. PA~fIlE$p.ow:rAe"TFO REGAR'D/tIlG 1'11t~ $H>l!iNG'liit CQ~tractor,Consultarnt.?UBD P:r",lest Manaqer. plant rrersoJlnal. " IM~Lem'rAool4 ~1I':t::J!I$ (Ver~$aCh,lmfare pi'(i~edili$wJth"chlln~ ~Ing Y,21il'.pr WA) '1.. Prq~dcl1Bnt1els d6trslstenfd thEl'S%oRi?l'pf fulil'illIistil:lg !ig.reeritefl! . ;t PropQSedchange Is infant !lI1.adB'itionor defel!i:m to t!'lawTsling 'S.CQpe . ~ Change Is befng Implem~ In a manner'l?!onslsten'tWltli the exl111lnQ !I!:Ireement .::\'., Th , e.llRproprtaie 'I?artles haV,ebeel\ !!lQrlS, ,utted reg;ir!;jlns the Ch,ange .:$ Proposed prllles, fees and costs sel fortl'!!n.the ehat!ge are rellso!1llble CONSUL1'IN$ ENGlN R'"SR6GQMIll!ENt:rA"I'O'N:'l',!itltf~ Is 10 bl1'~gnei:l anddllted. RECOM!VlENt)et!J fa"': ~ ~ ~le: li",~ "'~ Com;ulffi'1g Engineer Rt:VlEWED BY: Date: Revised LO/5I05 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 I February 14, 2006 Page 45 of 53 PROJECT NAME: Golden Gate Wellfield Reliability Improvements, Well No. 33 PROJECT #: 701581 0</-353S' BIDIRFP #: 92 394S- MOD #: 1 POi: 4500038670 WORK ORDER # : UC - 048 DEPARTMENT:PUED Current Contract Amount: $ 614,458!}~ (Starting Point) $614,458.9~ (Last Tor:. ,?::,IIDt Approved by the BCC) $614,458.91 (Including All Changes Prior To This Modification) Original Contract Amount: Current BCC Approved Amount: Change Amount: $( 41,723.48) if $572,735.4it' (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $( 41,723.48) Date of Last BCC Approval October 26. 2004 Agenda Item # 16 C 9 Percentage of the change over/under current contract amount: (.6.8) % /., ,1 ~ 'J.. Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report, For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: November 22.2005 (with Work Order letter extension) CURRENT: December 31. 2005 SUMMARY OF PROPOSED CHANGE (S): Identifv the chanties. Deletion of well house from project. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Well is on County propertY that has security fencinq. It was decided that elimination of a well house is acceptable. PARTIES CONTACTED REGARDING THE CHANGE: Paul Mattausch. Pam Libbv. Karen Guliani IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) N Proposed change is ccnsistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE RECOMMENDATION: This form is to be signed and dated. APPROVE BY: ~ Date: 1;)../ j<J / tJ 5 Project I '7 / '" /, ~ REVIEWED BY: Date: J'CZ'jSZ:_t0._tL Co r Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 &.. Page 46 of 53 "ROJECT NAME: SCWRF Reliability Improvements PROJECT it: 72508 BID/RFP it: 00-3119 MOD #: 3. ChanQe Order 1 PO#: 4500023660 WORK ORDER #:HM-FT-04-01 DEPARTMENT: Public Utilities Enaineering Original Contract Amount: $ 47.537 (Starting Point) Current BCC Approved Amount: $ 101.754 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 101,754 (Including All Changes Prior To This Modification) Change Amount: $ 0.00 Revised Contract/Work Order Amount: $ 101,754 (Including This Change Order) Cumulative DoUar Value of Changes to this Contract/Work Order: $ 54,217 Date of Last BCC Approval 6/28/05 Agenda Item it 16 C 14 _Percentage of the change over/under current contract amount 0.0% 'ormula: (Current Amount 1 Last BCC approved amount)-l ..iesults and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC.on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4, CURRENT COMPLETION DATE (S):ORIGINAL: October 15, 2005 CURRENT: AUQust 12, 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition of staff cateQories and rates for work related to the Lelv HiQh School Force Main portion of the project (prooosal attached). JUSTIFICATION FOR CHANGE (S): What value or benefit do these chanQes provide to the project? Expanded scope of services determined throuQh discussion with the School Board to provide a reliable and safe wastewater system from Lelv High School. The option chosen required surveys to prepare accurate design plans. PARTIES CONTACTED REGARDING THE CHANGE: Rov Anderson. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) X_ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deietion to the existing scope X_ Change is being implemented in a manner consistent with the eXisting agreement X_ The appropriate parties have been consulted regarding the change X_ Proposed prices, fees and costs set forth in the change are reasonable -10JECT MAN~q,EB ~ECO~Mj:fiD~TJON: This form is to be signed and dated. . .i'PROVE BY: ~ \.0.. ~~ Date: I 'Z.. -l"t - 0 So Project anag ]1 I , ) 1,o)/?_7/r-, _ REVIEWED BY: ~ '-{..U/ Date: .!-ox.~S Contr c1Speciaiist Revised 4/25/2005 . ."._-~--~----~----~_._-- ---~"-,----_.,,-,-------"-'----'-----'--"'------'-- CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 February 14, 2006 3 Page 47 of 53 PROJECT NAME: New Market Road Intersection Improvements at Charlotte Street PROJECT#: 60016 !)j~ 3;<q I BID/RFP #: ~ -. MOD #: 1 PO#: 4500049088 WORK ORDER #: MAC-FT-OS-01 DEPARTMENT: Transportation Enalneerlna & Construction Manaaement Original Contract Amount: $19.530.00 Current BCC Approved Amount: '19.536.99 .AI/A- Current Contract Amount: $19.530.00 Change Amount: $17.807.00 Revised Coutract/Work Order Amount: $37.337.00 Cumulative Dollar Value of Changes to this Contract/Work Order: $17.807.00 Date of Last BCC Approval NIA Agenda Item # NIA Percentage of the change over/under current contract amount ~ tf /, ;? '% Formula: (Current Amount I Last BCC approved amount)-1 - Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S): ORIGINAL: September 5.2005 CURRENT: March 31,2006 SUMMARY OF PROPOSED CHANGE (5): This change order No. 1 is for MACTEC to perform additional Construction Engineering Inspection (CEI) services/during construction as follows: To monitor construction activities to make and sure that the work is done according to specifications. Will assign certified Maintenance of Traffic (MOT) inspector to monitor the work zone during time of service and will maintain a logbook, pipe log, and will check asphait plant records and perform material sampling per FDOT material Guide Schedule on the soils and Portland cement materials. This inspector will be needed on a 4 hours per day basis for a period of 50 days. Please see attached scope, JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? In order to make sure that the work is done properly, MACTEC will prOVide inspector to monitor the removal of muck on the westbound widening over an existing swale running parallel to the roadway (in front of the New Market Center), which is not suitable for road construction, The swale contains mainly muck to a depths varying from six feei (6') to twelve feet (12') average and approximately 406 feet long. After removing the muck, iimerock will be used as fill material. The existing 8" gravity main will be protected with a f10wable fill. PARTIES CONTACTED REGARDING THE CHANGE: Revised 4/25/2005 MACTEC and TECM Agenda Item No. 16E33 February 14, 2006 <\ Page 48 of 53 _IMPLEMENTATION STEPS (Verify each before proceeding with change using y, N or N/A) 'f. Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable REVIEWED BY: Rho PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. !)../21!4r /:2-/7~7- !as I I Date: ~: APPROVE BY: A. Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16EFfj3 February 14, 200 Page 49 of 53 PROJECT NAME: Renovations of the Main Lobbv Courthouse Buildina L PROJECT #: 52525 BID/RFP #:02-3349 _MOD #: 1 PO#:4500031695 WORK ORDER #: SC.{l2-04 DEPARTMENT:Facilities Current BCC Approved Amount: $107,229.00 (Starting Point) $107,229.00 (Last ToIal Amount Approved by the IlCC) Original Contract Amount: Current Contract Amount: $107,229.00 (Including All CbaDgesPrior To This Modification) $(18,535.00) $88,694.00 (Including This Cbange Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $(18,535.00) Change Amount: Revised ContractlWork Order Amount: Date of Last BCC Approval 7/27/04 Agenda Item # 16 E 2 Percentage of the change over/under current contract amount -17.29% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds. please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 10115/04 CURRENT: 2/15/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Reuse existing counter top, delete storefront divider and existing casework to remain. 462 days has been added to the contract time. The job was delayed starting, due to matching up flooring (color) and wrong materials were shipped. JUSTIFICATION FOR CHANGE (5): Savings to the owner. PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes. Georae Westaate. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJEC~AGER RECOM~NDATI~N:,ThiS form is to be Signed/nd dated. APPROVdBY( ~ Date: /Z.Jo!O)' , /', ,. M n 1-- Date: /Z!{c/.r CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Ilem No. 16E3 February 14, 2006,.c:- Paga 50 of 53:) .'ROJECT NAME: 011 Well Road at Immokalee Road Intersection Survey PROJECT #: 60016 BIDlRFP #: 02-3324 MOD #: 1 POI: 4500043959 WORK ORDER #: WM'-FT-05-01 DEPARTMENT: Transportation Engineering and Construction Management Original Contract Amount: $ 10,000.00 (Starting Point) Current BCC Approved Amount: $ N1A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 10,000.00 (Including All Changes Ptior To This Modification) Cbauge Amonnt: $ 3,600 Revised Contract/Work Order Amount: $ 13,600 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 3,600 Date of Last Bce Approval NlA Agenda Item # N1A 'ercentage of the change over/under current contract amount 36 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d CURRENT COMPLETION DATE (S):ORIGINAL: Mav 4. 2005 CURRENT: Mav 25. 2006 SUMMARY OF PROPOSED CHANGE (S): Identify thechanaes. We reauested additional services to provide a visualization of the proposed parcel takes alone the north riaht-of-wav line of Oil Well Road. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? We need to identify the areas of potential rieht-of-wav takes and to provide leaal descriptions and sketches of the same. PARTIES CONTACTED REGARDING THE CHANGE: Wilson Miller. TECM IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) '< ""---Proposed change is consistent with the scope of the existing agreement L "15roposed change is in fact an addition or deletion to the existing scope "'i.::"'Change is being implemented in a manner consistent with the existing agreement L..c-The appropriate parties have been consulted regarding the change ":::lLf'roposed prices, fees and costs set forth in the change are reasonable -pROJECT MANAGER RECQrMENDA T ~ form Is to be signed and dated. .,PPROVED BY~=-- . _ ~y. Date: \"1.../ f)..2 r d J REVIEWED B ~ Date: Revised 10/5/05 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 r February 14, 2006 \0 Page 51 of 53 PROJECT NAME: Golden Gate Parkwav at 44th Street S.W. Intersection ImDrovements PROJECT #: 66065 BIDIRFP #: 05-3773 MOD #: 1 POi: 4500055067 WORK ORDER #: BOe-FT-3773-06-02 DEPARTMENT: TransDortatlon EnGineerinG & Construction Manaaement OriginaI Contract Amount: $74.694.98 Current BCC Approved Amount: $N/A Current Contract Amount: $74.694.98 Change Amount: $10.252.64 Revised Contract/Work Order Amonnt: $84.947.62 Cumulative DoUar Value of Changes to this Contract/Work Order: $10.252.64 Date of Last Bee Approval NIA Agenda Item # N/A Percentage of the change over/under current contract amount 13.73% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report, For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4. CURRENT COMPLETION DATE (S):ORIGINAL: February 1. 2006 CURRENT: March 3. 2006 Relocate Fiber & Conduit/Hand-hole located along Golden Gate Parkway and 44th Street S.W. Work includes removing fiber cables from their terminations to the signal cabinet, relocating both Traffic Operations and Collier County Public Schools hand-holes, and then re-installing the fiber cables approximately 20' south of current location from the signal cabinet back to their terminations. SUMMARY OF PROPOSED CHANGE (S): JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The fiber optic cables were installed by Traffic Operations after the project was designed. PARTIES CONTACTED REGARDING THE CHANGE: Traffic Operations, TEeM, Bonness, Kent Technologies IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) 1. Proposed change is consistent with the soope of the existing agreement y. Proposed change is in fact an addition or deletion to the existing scope 1. Change is being implemented in a manner consistent with the existing agreement 1. The appropriate parties have been consulted regarding the change 1. Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated. / Ii a.f!IJ er Date: / -/I-{) b Date: ~/J1o APPROVE BY: REVIEWED BY:! R 0 Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM - ! - ~ROJECT NAME: ~-sc.. 6,Xf,q...l-scn,J PUj. PROJECT#: 34z..o..., BIDIRFP #: O/".3l 10 MOD #: ~PO#:45oooz.0428wORK ORDER#: O<qM-i4 -03.-04 DEPARTMENT:f~"'-s eI; 'K~' Agenda Ilem NO.'16E3 1 February 14, 2006 Page 52 of 53 Original Contract Amount: $ :10,500.00 (Starting Point) $ vc9( 500,00 (Last Total Amount Approved by the BeC) - $ 'z,cO/ 5> ()(). 0 e> (Including All Changes Prior To This Modification) $ rI , $ -z,..Q 5cooOO (Including o\ru,; Change Oroo) , Cnrrent BCC Approved Amount: . Current Contract Amount: Change Amount: Revised Coutract!WorkOrder Amount: Cumulative Dollar Value of Changes to this Contract!Work Order: $ ,- Date of Last BCC Approval brf..,.Q . !" 0' Agenda Item # - l>ercentage ~f the change over/under current contract amount Formula: (Current Amount I Last acc approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to ace on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORlGINAL: 1l.lX:J. Q"3 CURRENT: 0". ~.a; SUMMARY OF PROPOSED <;:HANGE ($): Identify the changes. ~i2D-'~'"i1-fY- c.:o~~~>. )Il_~ ~ (n,J~ ~AL- 5.~1tt\..G.S: At-lD no"A.u..Y I~ ___~Llac,,-_ to.~ Cc.~ <:'QM ' AND P~-?fOJU-I\p".tCf!.S P.t:lZ. ~~ '1ElZM.I';:p.JJ) 2...,JDlTCZV. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? ~ 1$~rJl'lt'i:"l' ~F Ca.f1~ COi""l-f'U'f'wJce::_ ~D RtUAit?D f'~SS='~4L Sii!.e-.JLZ::iFA AS E'~ 12,'1"" c.o,..rl"Rl'rc'tU1'\-L. .~. Arlb C>Q...lb-;:;i"1::DrJ S. r PARTIES CONTACTED REGARDING THE CHANGE: Q. €f~ MtNo.e. ~ A~Ol>.s:. ----- % IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) .y Proposed change is consistent with the scope of the existing agreement y.. Proposed change is in fact an addition or deletion to the existing scope 'Y.. Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECO NDATION: This form is to be signed and dated. , Date: if)1_ o/. Of:, ./- Date: / / / 3/D(o , \PPROVE BY: P 'e REVIEWED BY: Co CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: 151 :13<JJi'1jZAWiP ~X'PA,..i"5J:Z>N PROJECT#: fuJ'71 BIDIRFP#: d;)2fi() MOOt: j. PO#: 45. o?'Z8G WORKORDER#:Q~M-fl-C3-0 DEPARTMENT: ''PA12..):::...S ~ g@.c;'. I Agenda Item No. 16E3 February 14, 200€Q, Page 53 of 53'", Original Contract Amount: $ 12.000, ,00 (Starting Point) . Current Contract Amount: $ 72. 000, OD (Last Total Aniount Approved hythe acC) 12-, oc-v < (".>0 (Iocluding All Changes Prior To This Modification) ~ Cnrrent BCC Approved Amount: $ Change Amount: $ Revised ContractIWork Order Amount: 1~ OVO.OCJ $ ( (Including This Change Order) .-- Cumulative Dollar Value of Changes to this ContractlWork Order: $ Date of Last BCe Approval O'~. ; C) . 03 Agenda Item # Percentage of the change over/under current contract amount Fonnula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract AdministrationProcedures. Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: v6.o1 r 05' CURRENT: IO_"l--g,06 .~ % SUMMARY OF PROPOSED CHANGE IS): Identify the changes. j)VI,2D-l ~ 'nta c-qJICNU/1L C"lGI<~'e. fi~ U1€.. (,l"..l\'ll/lC( Ai)DncO.l,'tL- Si7\FF ~; AI....\) ilo\i,zL8 Mi'F-,S 1\1(;;:.. KE.<JuU1,''I) tof'. ~OI..~Aq- c..dvlt'.\zf\;Jce Me :PPt~to~I\t"~S j1;;-p. COiJil'<Aqv'ti-:~.s M)) cD;JOC\ll'IJS JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1lli7_~.z,I-lt?rt:T L' r= Co,.JT'!-(l-c-'\ CC~.; PLl:J1rJC.G. ANi':> R"u...!\1'13-i) P,zcn"" :::5"i:'q.\t~l- :-:~..,.,~r::-cp..s AS Ki?~t~.~,-i"l::K6;i') ?:V (,bt~TJ<.A-'n,j^L 'IF,:.~S 1114[:) (:~,,-.l;)L..\1:Vj";S 0 \ PARTIeS CONTACTED REGARDING THE CHANGE: (Y;(, ct Mi'>'(' Ktrkk<.. .;;, Ass-cc;-. fPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N1A) Proposed change is consistent with the scope of the existing agreement , Proposed change is in fact an addition or deletion to the existing scope :i.. Change is being implemented in a manner consistent with the existing agreement V. The appropriate parties have been consulted regarding the change :':t Proposed prices, fees and costs set forth in the change are reasonable Date: I~ /3-06. Agenda Item No. 16E4 February 14, 2006 Page 1 of 52 EXECUTIVE SUMMARY Recommendation to Approve Standard Form Design-Build Contract for Use in the Acquisition of Design and Construction Services From a Single Firm. OBJECTIVE: To ensure that the needs and interests of Collier County government are clearly set forth and protected contractually in one of the agency's more significant acquisition agreements. CONSIDERATIONS: On March 8, 2005, the Board formally approved a standard set of agreements for use with various types of acquisitions as agenda item 16 E 4. These standard agreement forms promote the efficient development of actual contracts by providing the contract author with a common, pre-established base set of terms and conditions. They also create a sense of continuity and consistency among County staff, contractors and consultants regarding the County's business expectations. Due to time constraints and cost considerations, a standard Design-Build contract was not included in the Executive Summary for approval at that time. Subsequently, staff in the Contract Administration section of the Purchasing Department has reviewed existing contracts from various other private and public entities to develop a document which incorporates the best terms and conditions from each. Staff has worked closely with project managers and staff from the various operating divisions and departments, including Public Utilities, Transportation, Facilities Management, Parks and Recreation, the Purchasing Department, the Office of the County Attorney, the Risk Management Department and the Clerk of Courts Finance Division to review the document and include language which reflects their business needs. Pending approval, the standard form Design-Build contract will be utilized on the Immokalee Rd (1-75 to Collier Blvd) project. FISCAL IMPACT: The entire production of the new standard contract was done in-house by the Contract Administration section of the Purchasing Department, resulting in a cost savings to the County of approximately $13,500. GROwrH MANAGEMENT IMPACT: There is no direct impact on the County's Growth Management Plan associated with this action. However, this new standard form of contract will serve to facilitate the proper and timely completion of capital projects required to maintain growth concurrency. RECOMMENDATION: That the Board of County Commissioners approve the new standard Design-Build contract form. Prepared By: Kelsey Ward, Contract Administration Manager DESIGN-BUILD AGREEMENT between Collier County Florida and Firm Name dated 200 "Title of Contract" Agenda Item No. 16E4 February 14, 2006 Page 2 of 52 Agenda Item No. 16E4 February 14, 2006 Page 3 of 52 DESIGN-BUILD AGREEMENT This Agreement is made this _ day of , 200_ between a corporation, (hereinafter called "CONTRACTOR") and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter called the "OWNER.") 1. CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.1 CONTRACTOR shall perform, or arrange for the performance of those architectural, engineering, surveying, hydrogeological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") necessary in connection with the design and construction of the OWNER's project (the "Project"). These services shall be as described in Exhibit A - "Project Scope and Services", and this Article I, including but not limited to, all labor, services, materials and equipment as may be required to complete the Work in compliance with the Contract Documents. 1.2 Design Professional Services 1.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including architectural, engineering surveying, hydrogeological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-Project Scope and Services, and this Article 1. The design for the Project shall be set f011h in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 1.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identitied in the attached Exhibit M to provide all required professional design services for the Project ("Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit M must be approved in advance and in writing by OWNER. 1.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and, following the meeting, OWNER shall review and approve the interim design submissions. 1.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 1.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project, as noted in the Scope of Work. 2 Agenda Item No. 16E4 February 14, 2006 Page 4 of 52 I .3 Construction Services 1.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), OWNER shall authorize CONTRACTOR in writing to proceed with the Construction Phase Services. CONTRACTOR shall provide to itself or duly licensed and qualified subCONTRACTORs the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perfonn and complete in a good and workmanlike manner the construction of the Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all ofthe terms and conditions of the Contract Documents and as described in Exhibit A-Project Scope and Services, and this Article 1. 1.3.2 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 1.3.3 CONTRACTOR shall coordinate the activities of all SubCONTRACTORs. If OWNER performs other work on the Project or at the site with separate CONTRACTORs under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTORs so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 1.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion ufthe Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 1.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to; a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. ] .3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue 3 Agenda Item No. 16E4 February 14, 2006 Page 5 of 52 meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. 2. OWNER'S RESPONSIBILITIES 2.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information, i.e., record as-built drawings and legal site descriptions if they are available, the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 2.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subCONTRACTORs, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making oftests and evaluations, pursuant to the agreed Work. Subjcct to applicable law, OWNER will provide CONTRACTOR. its employees and subCONTRACTORs, reasonable access to the site. 2.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 2.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 2.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subCONTRACTORs, with particular reference to utilities and hazardous substances or conditions. 2.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes, tanks, cables and utilities as known to OWNER. 2.7 OWNER shall, within seven (7) days of occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract tenns or the standard of care described herein. 2.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in the Scope of Work, Exhibit A. OWNER 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). CONTRACTOR shall be responsible for the costs of obtaining all other required pennits. OWNER will apply for permits that the CONTRACTOR can not obtain. 3. INSURANCE REOUlREMENTS 3.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as follows: 3.1.1 Workers' Compensation as required by the state where the Work is to be performed including Employer's Liability; Commercial General Liability including Contractual Liability and Explosion, Collapse and Underground, Comprehensive Automobile Liability, including Owned, Non-owned and Hired Vehicles. 4 Agenda Item No. 16E4 February 14, 2006 Page 6 of 52 3.1.2 Limits of Liability Provided: (a) Workers' Compensation in the statutory limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Policy must include Employers Liability with a limit of$1,000,000 each accident. b) Commercial General Liability: Bodily injury - $1,000,000 per person, $1,000,000 each occurrence. Property damage- $1,000,000 per occurrence; Annual aggregate for all claims of $2,000,000. c) Automobile Liability - Combined Single Limit $1,000,000 all autos. d) Excess Umbrella - $ 1,000,000. e) Professional Errors and Omissions - $1,000,000 per claim. 3.2 The OWNER shall procure and maintain property insurance upon the entire Project to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents 3.3 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORs, Design Consultant, SubCONTRACTORs, agents and employees of each and all of them. all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, whcre appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. 3.4 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.5 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 this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identitY the specific Project name, as well as the site location and address (ifany). 3.6 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. 3.7 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 3.8 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use ofInsurance 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 ofInsurance 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. 5 Agenda Item No. 16E4 February 14, 2006 Page 7 of 52 3.9 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. 3.10 The CONTRACTOR andlor 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. 3. I I 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 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. 3.12 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) ofInsurance not later than tcn (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. 4. INDEMNIFICATION 4.1 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, its Design Consultants, and its SubCONTRACTORs, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 4.2 The duty to defend under this Article 4 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 ofa claim by any party and written notice of such claim being provided to CONTRACTOR. CONTRACTOR's obligation to indemnify and defend under this Article 4 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 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 6 Agenda Item No. 16E4 February 14, 2006 Page 8 of 52 5. CONSEOUENTIAL DAMAGES Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract, tort (including negligence), statute or strict liability. 6. LAWS AND REGULATIONS 6.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 6.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. 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. 7. INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of perfonning the Work are under the sole control of CONTRACTOR or its subCONTRACTOR(s). 8. 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 amounts (herein "Contract Amount"), in accordance with the terms of this Agreement: A. Design Phase. For all Design Phase Services, including, but not limited to, causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, CONTRACTOR shall receive the fixed amount of $ ("Design Phase Fee") as the total lump sum compensation for all Design Phase Services. Said lump sum amount shall be paid in accordance with the Design Phase Compensation Schedule attached hereto as Exhibit C. B. Construction Phase. With respect to the Construction Phase Services to be provided by CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost of the Work (as that term is defined hereafter), a total lump sum Fee of $ ("CONTRACTOR'S Fee) for the entire Construction Phase Services. Payment terms for this sum are described in 8.1 below. 8.1 Monthly Progress Payments - Construction Phase Services 8.1.1 The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Prior to submitting its first monthly Application for Payment, CONTRACTOR shall submit to OWNER, for review and approval, a Risk Management Plan, Quality Assurance IQuality Control Plan, a Critical Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan, and 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 OWNER, 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 to the OWNER along with a completed copy of the Application for Payment fonn as prescribed in Exhibit 0, signed by the CONTRACTOR's authorized representative and attached to the Agreement as Exhibit D - I 7 Agenda Item No. 16E4 February 14, 2006 Page 9 of 52 8.1.2 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 agreed to by the OWNER in writing, the Application for Payment shall also 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 N. 8.1.3 CONTRACTOR shall submit four (4) copies of its monthly Application for Payment to the OWNER or his designee. The OWNER or his designee shall either: (I) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its contractual basis 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 shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event ofa total denial and return of the Application for Payment by the OWNER or his designee, the CONTRACTOR may make the necessary corrections and re-submit the Application for Payment. 8.1.4 OWNER shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved 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 in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. At the point at which the OWNER has expended fifty percent (50%) of the total cost of construction services as defined by OWNER, OWNER shall reduce the amount of the retainage withheld on each subsequent payment request to five percent (5%) subject to the guidelines set forth in Florida Statute 255.078. 8.1.5 Monthly payments to the CONTRACTOR shall in no way imply approval or acceptance of CONTRACTOR's work. 8.1.6 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit E, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the OWNER shall not be required to make payment until and unless these affidavits are furnished by the CONTRACTOR. 8.1.7 CONTRACTOR agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration ofthe 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 OWNER'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 the CONTRACTOR as set forth in the approved Project Funding Schedule. 8 Agenda Item No. 16E4 February 14, 2006 Page 10 of 52 .2 Payments Withheld 8.2.1 The OWNER may decline to approve any Application for Payment, or portions thereof, because of evidence or inspections that reveal non-compliance with the contract documents. The OWNER 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, to such extent as may be necessary in the OWNER's reasonable opinion to protect it from loss because of any of the following: (a) defective Work not remedied; (b) third party claims actually filed for which CONTRACTOR is required to indemnify OWNER; (c) failure of CONTRACTOR to make payment properly to subCONTRACTORs or for labor, materials or equipment not caused by the failure of the OWNER to make payments to the CONTRACTOR in a timely manner as provided herein; (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, except as provided in Article 15 of this Agreement; (I) unsatisfactory prosecution oflhe Work by the CONTRACTOR; or (g) any other material breach of the Contract Documents. 8.2.2 If the CONTRACTOR has not remedied or cured or commenced reasonable actions to remedy or cure the conditions described in 8.2.1. not later than receipt of seven (7) calendar days prior written notice OWNER may rectify the same at CONTRACTOR's expense. OWNER also may offset against any sums due CONTRACTOR the amount of any liquidaled or non- liquidated obligations of CONTRACTOR to OWNER, whether relating to or arising out of this Agreement. 8.3 Final Payment 8.3.1 OWNER shall make final payment to CONTRACTOR within thirty (30) calendar days after the Work is finally inspected and accepted by the OWNER in accordance with Article 8.4 herein. 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 E. (3) Consent of surety to final payment. (4) Receipt of the final payment check list in the form attached as Exhibit H. (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. (6) 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. 8.3.2 CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims for payment of compensation hereunder by CONTRACTOR against OWNER ,except those previously made in writing and identified by CONTRACTOR as unsettled at the time of the 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 OWNER at the time of final inspection. 9 Agenda Item No. 16E4 February 14, 2006 Page 11 of 52 8.4 Substantial Completion 8.4.] CONTRACTOR shall notify OWNER or his designee, when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of OWNER's receipt of CONTRACTOR's notice, OWNER and CONTRACTOR will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If OWNER agrees in its reasonable discretion that such Work is substantially complete, OWNER shall prepare and issue a Certificate of Substantial Completion attached as Exhibit G. that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing OWNER's and CONTRACTOR's responsibility for the Project's security. maintenance, utilities and insurance pending final payment and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 8.4.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, OWNER shall release to CONTRACTOR any retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 8.4.3 OWNER, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 8.4.1 above, and (ii) OWNER and CONTRACTOR agree that OWNER's use or occupancy will not interfere with CONTRACTOR's completion of the remaining Work. 8.5 Contract Time and Liquidated Damages 8.5.] Time is of the essence in the performance of the Work under this Al!reement. Because the Work is to be completed in two phases (I.e. Design Phase and Construction Phase), the timely completion of the first phase is critical to the timely completion of the second phase and, therefore, completion of the entire Project. Accordingly, CONTRACTOR agrees to provide the Design Phase Services in accordance with the design schedule attached hereto as Exhibit C. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Design Phase of the Work within five (5) calendar days from receipt of the notice of the Design Phase Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work perfonned by CONTRACTOR prior to the Design Phase Commencement Date shall be at the sole risk of CONTRACTOR. 8.5.2 With respect to the Construction Phase Services, Exhihit I shall include the date that portion of the Work associated with the Construction Phase Services must be substantially completed by CONTRACTOR. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the OWNER. CONTRACTOR shall commence the Construction Phase of the Work within five (5) calendar days from receipt of the notice of the Construction Phase Commencement Date. That Substantial Completion date shall be established in terms of calendar days after the Construction Phase Commencement Date. 8.5.3 The Work shall be substantially completed within (write out in words) ) calendar days from the Construction Phase Commencement Date. The date of substantial completion of the Work (or designated portions thereof) shall be the date certified by the OWNER, in its reasonable discretion, that construction is sufficiently complete and in accordance with the 10 Agenda Item No. 16E4 February 14, 2006 Page 12 of 52 Contract Documents, so that OWNER can occupy or utilize the Work (or designated portions thereof) for the use(s) for which it is intended. 8.5.4 The work shall reach final completion and be ready for final acceptance by OWNER within (write out in word) ~ calendar days from the Construction Phase Commencement Date (herein "Contract Time"). 8.5.5 OWNER and CONTRACTOR recognize that, since time is of the essence for this Agreement, OWNER will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should CONTRACTOR fail to substantially complete the Work within the time period noted above, OWNER shall be entitled to assess, as liquidated damages, but not as a penalty, $ (write out in words) 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 OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the terms hereof. CONTRACTOR hereby expressly waives and relinquishes all rights which it may have to seek to characterize the above noted liquidatcd damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. 8.5.6 CONTRACTOR agrees to promptly pay any and all fines andlor penalties that may be imposed upon Collier County by the State of Florida and/or any agency (or agencies) of the State of Florida arising as a result of CONTRACTOR's failure to substantially complete the scope of work within the time limits specified in this Agreement. CONTRACTOR is hereby authorized on behalf of Collier County to contest and/or otherwise dispute any and all such fines andlor penalties should any be threatened to be imposed 8.5.7 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. 8.5.8 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONTRACTOR hereunder upon giving CONTRACTOR 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 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 Article Eighl herein. 8.5.9 When any period of time is referenced herein by "days", the days shall be computed to exclude the first day and to include the last day of such time period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday in Collier County by Federal or Florida Law, each such day shall be omitted from the computation, and the last day shall become the next succeeding business day which is not a Saturday, Sunday or legal holiday in Collier County, Florida. A day shall be a legal holiday in Collier County only if the government of Collier County recognizes that holiday by giving that day off from work by most of its employees or II Agenda Item No. 16E4 February 14, 2006 Page 13 of 52 the CONTRACTOR recognizes that day as a legal holiday and thereby gives the majority of its workers the day off from work. 8.5.10 For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the OWNER will count default days as "calendar days." 8.5.11 If the CONTRACTOR or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the OWNER may have granted the CONTRACTOR, or in case of his default, the surety, shall pay to the OWNER, not as a penalty, but as liquidated damages, the amount of (write out in words) ($ ) per day for each day the CONTRACTOR fails to reach Substantial Completion as required under the tenns of the contract. 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 OWNER's Project Manager or his designee issues a Certificate of Substantial Completion pursuant to the tenns hereof. CONTRACTOR hereby expressly waivcs and relinquishes all rights which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents fair and reasonable estimates of the OWNER's actual damages at the time of contracting if CONTRACTOR fails to substantially complete or finally complete the Work as scheduled. Final Completion shall occur when the contract is completed in its entirety, is accepted by the OWNER, in its reasonable discretion, as complete and is so stated by the OWNER as complete. 8.5.12 The OWNER has the right to apply any amounts due CONTRA TOR under this Agreement or any other agreement between OWNER and CONTRACTOR, as payment on such damages due under this Agreemcnt in OWNER's sole discretion. 8.5.13 Notwithstanding anything herein to the contrary, The OWNER does not waive its right to damages due under the Contract by allowing the CONTRACTOR to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. 8.5.14 In the case of a default of the Contract by the CONTRACTOR and the completion of the work by the OWNER, the CONTRACTOR and his surety are liable for the damages under the Contract, but the OWNER will not charge damages for any delay in the Final Completion of the OWNER's perfonnance of the work due to any unreasonable action or delay on the part of the OWNER. 8.5.15 The OWNER considcrs the Contract complete when the CONTRACTOR has completed in its entirety all of the work and the OWNER, in its reasonable discretion, has accepted all of the work and notified the CONTRACTOR in writing that the work is complete. The OWNER will then release the CONTRACTOR from further obligation except as set forth in his bond and except as provided in the Contract. 8.5.16 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. 12 Agenda Item No. 16E4 February 14, 2006 Page 14 of 52 9. CHANGES IN THE WORK. 9.1. 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 mutual written agreement of the parties, 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. 9.2. A Change Order, in the form attached as Exhibit F 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. 9.3. 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 the forms attached as Exhibit F -]. 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 and in strict compliance with Section 11 of these General Conditions or else be deemed to have waived any claims with regard to that adjustment or those adjustments. 9.4 [n 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 labor and material costs and reasonable actual equipment costs as a direct result of the change (including allowance for labor overhead costs) plus a maximum ten pcrcent (10%) markup for profit, provided also that the respective increase(s) (including those below as to SubCONTRACTORs, etc.,) would not have been incurred but for those specific change(s). In the event such change Work is performed by a SubCONTRACTOR, a maximum ten percent (10%) markup for all overhcad 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 ofits overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due CONTRACTOR and any SubCONTRACTOR or 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. 9.5 OWNER shall have the right to conduct an audit of CONTRACTOR's books and records to verify the accuracy of the CONTRACTOR's claim(s) with respect to CONTRACTOR's costs associated with any Change Order. The OWNER 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 that is 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. 10. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONTRACTOR 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 13 Agenda Item No. 16E4 February 14, 2006 Page 15 of 52 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 CONTRACTOR with full decision-making authority and by OWNER's staff person who would make the presentation of any settlement reached at mediation to OWNER's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 11. ASSIGNMENT CONTRACTOR shall not assign this Agreement or any part thereof without prior expressed written consent of OWNER, which shall not be unreasonably withheld. Any attempt to assign or otherwise transfcr this Agreement, or any part herein, without such 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 bound to it and to assume toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward OWNER. 12. HAZARDOUS CONDITIONS 12. I Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER. 12.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remedied or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions hannless. 12.3 CONTRACTOR shall be obligated to resume Work at the affected area of the Project only after OWNER's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or site. 12.4 CONTRACTOR will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price andlor Contract Time(s) to the extcnt CONTRACTOR's cost andlor time ofperformancc have been adversely impacted by the presence of Hazardous Conditions. 13. DIFFERING SITE CONDITIONS 13.1 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 14 14.1 14.2. 15. Agenda Item No. 16E4 February 14, 2006 Page 16 of 52 shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, ortime 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 rcsolution procedure set forth in the Contract Documents shall be complied with by the parties. 14. PERFORMANCE OF WORK AND REMEDY CONTRACTOR shall obtain and assign to OWNER all express warranties given to CONTRACTOR or any subCONTRACTOR(s) by any material men 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 exeept to the extent, if any, expressly specified otherwise, and that all Work shall be of good quality, free from all material defects and in conformance with the Contract Documents. CONTRACTOR further warrant 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. These warranties are in addition to those implied warranties to which OWNER is entitled as a matter of law. No later than thirty (30) days prior to expiration of the warranty, the Project Manager, or any other 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 the cited deficiencies shall be grounds for the County to disqualify the CONTRACTOR from future County bid opportunities. FORCE MAJEURE 15.1 15.2 Not withstanding anything to the contrary contained herein, if CONTRACTOR is delayed at any time in the progress of the Work contemplated hereunder by any act of the OWNER, by act of force majeure, by any act of CONTRACTOR, of OWNER or a third party, by adverse weather conditions not reasonably anticipated, or by unavoidable casualties, or by any other cause beyond CONTRACTOR's control, or by delay authorized by OWNER, the time for completion of the Work shall be extended for a time equal to the time of such delay, and CONTRACTOR shall be compensated for changes in the Work necessitated by such force majeure event provided, however, that the delay would not have occurred but for the act or the force majeure. In the event either party to this agreement is rendered unable, either wholly or in part, by an act or force majeure as described hereinabove, to carry out its obligation under this Agreement, other than its obligations to make payments when due, then the party affected by such act or force majeure, as described hereinabove, shall give written notice with clear explanation to the other party within five (5) business days of discovery of the act or force majeure. Following such notice, the effective obligations t5 Agenda Item No. 16E4 February 14, 2006 Page 17 of 52 of the party giving notice shall be suspended only during the continuance of the act or force majeure, provided good faith due diligence is demonstrated in seeking remedy to the cause. 15.3 The term "force majeure" as employed herein shall mean acts of Nature, acts of public enemy, war, blockade, insurrection, riot, act of terrorism, epidemic, landslide, lightning, earthquake, fire, stonn, flood, washout, civil disturbance, explosion, labor dispute, inability with reasonable diligence to obtain material(s) andlor any other substantially similar cause(s) not within the reasonable control of the party claiming a suspension despite that party's due diligence. 16. CHANGE IN LAW CONTRACTOR shall be compensated for changes in the Work and the time for completion of the Work shall be extended as necessitated by the occurrence of any of the following on or subsequent to the Agreement Date: (a) the enactment, adoption, promulgation, modification, repeal, or fonnal change in interpretation of any federal, state or local law or regulation having the force of law; (b) the issuance or modification of an order. decree, or judgment of any federal, state or local court, administrative agency or governmental officer or body, acting in a judicial or quasi-judicial capacity. if the issuance or modification of any such order, decree, or judgment is not also the result of CONTRACTOR's negligent or willful action or failure to act.; or (c) the delay in the review, issuance or renewal of or suspension, termination, interruption, denial, failure to issue or failure to renew any legal requirement, pennit or approval, or the imposition of a tenn, condition or requirement which is more stringent or burdensome than that required by the Project Scope, if such act is not also the result ofCONTRACTOR's negligent or willful action or failure to act. 17. TERMINATION FOR CAUSE 17.1. 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: either fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perfonn the Work as directed by the Project Manager, or as provided for in the approved Progress Schedule; or (3) perfonns the Work unsuitably, or neglects or refuses to remove materials, or fails to correct or replace such Work as may be rejected by OWNER (or OWNER's representative) as being unacceptable or unsuitable; or (4) discontinues prosecution of the Work; or (5) fails to resume Work that has been suspended within a reasonable time after being notified to resume the Work, or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) makes an assignment for the benefit of creditors; or (8) fails to obey any then applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. Tennination of the Agreement pursuant to subparagraphs (6) and (7) herein is allowed to the extent not prohibited by then applicable law. 17.2. OWNER shall notifY CONTRACTOR in writing of CONTRACTOR's default(s).lfOWNER determines that CONTRACTOR has not remedied and cured the default(s) or commenced reasonable actions to effect a remedy or cure, within seven (7) calendar days following receipt by CONTRACTOR of said written notice, then OWNER, at its option, without releasing or waiving any of its rights and remedies against 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 may take possession of all or any portion of the Work, may take assignments of any of CONTRACTOR's subcontracts and purchase orders, and may complete all or any portion of CONTRACTOR's Work by whatever lawful means, method or agency which OWNER, in its sole discretion, may choose. 17.3. 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 16 Agenda Item No. 16E4 February 14. 2006 Page 18 of 52 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 reasonable attorneys' fees, including appeais) 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, reasonable attorneys' fees (including appeals) with interest thereon (compounded monthly until paid in full) at the Prime Rate as published daily in the Wall Street Journal. 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 with such interest 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 OWNER, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4. 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-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5. 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 CONTRACTOR's remedies against OWNER shall include all costs and expenses incurred by the CONTRACTOR as a result of the OWNER's actions, including reasonable attorney's fees. 17.6. The OWNER shall use all reasonable and diligent. good faith efforts to mitigate any of its damages against the CONTRACTOR. 18. TERMINATION FOR CONVENIENCE 18.1. 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. 18.2 OWNER shall have the right to suspend all or any portions of the Work upon giving CONTRACTOR not less than five (5) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended for an aggregate of thirty (30) calendar days or less, CONTRACTOR's sole and exclusive remedy shall be to seek an extension oftime to its schedule in accordance with the procedures set forth in the Contract Documents. If the aggregate suspension is more than thirty (30) calendar days, the CONTRACTOR be entitled to a reasonable extension of time and additional compensation. 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. 19. PERFORMANCE BOND AND PAYMENT BOND 19. I CONTRACTOR shall provide Performance and Payment Bonds, in the fonns prescribed in Exhibit J, in the amount of 100% of the Contract Amount, the costs of which to be paid by CONTRACTOR. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State 17 Agenda Item No. 16E4 February 14, 2006 Page 19 of 52 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. Moreover, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. 19.2 Ifthe 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 fourteen (14) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the OWNER's approval. 19.3 At the time CONTRACTOR executes this Agreement, CONTRACTOR shall deliver to OWNER proof, reasonably acceptable to OWNER, of CONTRACTOR'S ability to deliver the Performance and Payment bonds required hereunder 20. TITLE TO WASTE At no time will CONTRACTOR take title, constructive or express, to any hazardous or toxic substance or constituent, to any waste, or to any asbestos or asbestos containing-materials. 21. SAMPLES Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposcd of thirty (30) days after CONTRACTOR's submission of its report. NON-HAZARDOUS SAMPLES. At OWNER's written request, CONTRACTOR will retain preservable test specimens or the residue there from for thirty (30) days after submission of CONTRACTOR's report free of storage charges. HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that samples contain hazardous constituents, CONTRACTOR will return such samples to OWNER, or using a manifest signed by OWNER as generator, CONTRACTOR will have such samples transported to a location selected by OWNER for final disposal. OWNER agrees to pay all costs associated with the storage, transport, and disposal of samples. OWNER recognizes and agrees that CONTRACTOR acts as a bailee and at no time assumes title to said materials. 22. DOCUMENTS 22.1 All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by CONTRACTOR as instruments of service pursuant to this Agreement, shall be OWNER's sole property, upon payment of all compensation due to the CONTRACTOR hereunder. OWNER agrees that all documents of any nature furnished to OWNER or OWNER's agents or designees, if not paid for, will be returned upon demand and will not be used by OWNER for any purpose whatsoever. 18 Agenda Item No. 16E4 February 14, 2006 Page 20 of 52 22.2 Upon the completion or termination of this Agreement, as directed by OWNER, CONTRACTOR 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 CONTRACTOR under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONTRACTOR. CONTRACTOR shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONTRACTOR, at its own expense, may retain copies of the Project Documents for its files and internal use. 22.3 CONTRACTOR shall keep such full and detailed records as may be reasonably necessary to reflect: a) proper financial management under this Agreement; and b) the Services performed, including, when applicable, testing, sampling and investigatory services performed by CONTRACTOR. Such records will be subject to review by OWNER on the condition that OWNER identifies, in writing, those documents requested. Documents will be available for inspection at mutually agreeable times for a period of two (2) years after the Services have been completed, or longer where required by law. 22.4 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONTRACTOR hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER's use on this Project. CONTRACTOR warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONTRACTOR consents to OWNER's use of the Project Documents to complete the Project following CONTRACTOR'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONTRACTOR also acknowledges OWNER may be making Project Documents available for review and infonnation to various third parties and hereby consents to such use by OWNER. 23. CONFIDENTIALITY 23.1 CONTRACTOR shall treat as contidential property and not disclose to others, any information (including any technical information, experience or date) regarding OWNER's plans, programs, plants, processes. products, costs, equipment, operations or customers which may come within the knowledge of CONTRACTOR, its officers or employees. agents or consultants in the performance of this Agreement, including any data gathered and reports prepared by CONTRACTOR, without in each instance securing the prior written consent of OWNER. 23.2 Nothing contained herein, shall prevent CONTRACTOR from disclosing to others or using in any manner information which it can show: a. Has been published and has become part of the public domain other than by the acts, omissions or fault of CONTRACTOR its employees, agents or consultants; b. Has been furnished or made known to CONTRACTOR by third parties (other than those acting directly or indirectly for or on behalf of CONTRACTOR or OWNER) as a matter of legal right without restrictions on its disclosure; e. Was in CONTRACTOR's possession prior to the disclosure thereof by OWNER to CONTRACTOR; d. Was independently developed by CONTRACTOR; or e. Was required to be disclosed by law. Provided, however, CONTRACTOR shall not release, or cause or allow the release of, information to the communications media, except as required by law, concerning the existence or terms of this 19 Agenda Item No. 16E4 February 14, 2006 Page 21 of 52 Agreement. The foregoing obligations shall survive the termination or expiration of this Agreement for a period of two (2) years from the completion of Services. 24. SEVERABILITY In the event any provision or part herein shall be deemed invalid or unenforceable, the other provisions or parts hereof shall remain in full force and effect, and binding upon the parties hereto. 25. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between OWNER and CONTRACTOR shall survive the completion of the Services and the termination of this Agreement. 26. EXHIBITS INCORPORATED The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D-1: Exhibit D-2: Exhibit E: Exhibit F-l: Exhibit F-2: Exhibit G: Exhibit H: Exhibit I: ExhibitJ-I: Exhibit J-2: Exhibit K: Exhibit L: Exhibit M: Exhibit N: 27. NOTICES Project Scope and Services Insurance Requirements Design Phase Compensation Schedule Application for Payment Form Schedule of Val ues Release and Affidavit Form Change Order Form Work Directive Change Certificate of Substantial Completion Form Final Payment Checklist Construction Phase Schedule Performance Bond Form Payment Bond Form Permits Truth in Negotiation Certificate List of Design Professionals Stored Materials Record Any notices required to be given under the terms of this agreement shall be provided in writing and posted in regular mail, postage prepaid, to the following addresses: CONTRACTOR OWNER Collier County Purchasing Department 3301 Tamiami Trail East Building G Naples, Florida 341] 2 A TTN: Purchasing Director 20 Agenda 118m No. 16E4 February 14, 2006 Page 22 of 52 F or the purposes of this Agreement, notices shall be deemed to have been received upon three (3) days time after posting of the written notice in the U.S. Mail. 28. DIRECT PURCHASE 28.1 The OWNER reserves the right to require CONTRACTOR to assign some or all of its agreements with material suppliers directly to the OWNER. Any such goods andlor materials purchased by the OWNER pursuant to such an assignment of a material supply agreement shall be referred to as "OWNER Furnished Materials" and the responsibilities of both the OWNER and the CONTRACTOR relating to said materials shall be governed by the terms and conditions of this Agreement which shall take precedence over other conditions and terms of this Agreement where inconsistencies or conflicts exist. Additionally, the OWNER; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the OWNER may require the following information from the CONTRACTOR: 1. Required quantities of material. 2. Specifications relating to goods and/or materials required for job including brand andlor model number or type if applicable 3. Pricing and availability of goods andlor materials provided under CONTRACTOR's agreements with material suppliers 28.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the OWNER's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 28.3 General Terms and Conditions A. CONTRACTOR shall be required to maintain records of all OWNER-furnished materials that it incorporates into the project from the stock of OWNER-furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have I.) Been delivered into the CONTRACTOR's possession and/or 2.) been incorporated into the project. B. Notwithstanding the transfer of OWNER-furnished materials by the OWNER to the CONTRACTOR's possession, the OWNER shall retain legal and equitable title to any and all OWNER-furnished materials. C. The transfer of possession of OWNER-furnished materials from the OWNER to the CONTRACTOR shall constitute a bailment for the mutual benefit of the OWNER and the CONTRACTOR. The OWNER shall be considered the bailor, and the CONTRACTOR the bailee for the OWNER-furnished materials. OWNER-furnished materials shall be considered returned to the OWNER for purposes of their bailment at such time as they are incorporated into the Project. 21 Agenda Item No. 16E4 February 14, 2006 Page 23 of 52 D. The OWNER shall purchase and maintain insurance sufficient to protect against any loss or damage to OWNER-furnished materials. Such insurance shal1 cover the replacement cost of any OWNER- furnished materials not yet incorporated into the Project during the period between the time the OWNER first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The OWNER shall be liable for any interruption or delays in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, OWNER-furnished materials. F. Nothing herein contained shal1 create or be construed as creating a partnership between the OWNER and the CONTRACTOR or to constitute the CONTRACTOR as an agent of the OWNER. 29. CAPTIONS AND HEADINGS The captions and headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction or meaning of any provision of, or scope of intent of, this Agreement nor in any way affect this Agreement. 30. VENDOR PERFORMANCE EV ALVA TION Collier County 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 agreement. 31. TRUTH IN NEGOTIATION CERTIFICATE In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONTRACTOR agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule L, certifying that wage rates and other factual unit costs supporting the compensation for CONTRACTOR'S Design Professional scrvices to be provided under this Agreement are accurate, complete and current at Ihe time of the Agreement. The CONTRACTOR 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. Al1 such adjustments shall be made within one (I) year fol1owing the end of this Agreement. 32. ENTIRE AGREEMENT 32.1 This Agreement, and any attachments or other documents incorporated by reference herein, supersede any previous written or oral contracts or negotiations and this Agreement shall constitute the complete Agreement between the parties hereto and is subject to change only by an instrument in writing and signed by OWNER and CONTRACTOR. No third party beneficiary is anticipated or intended by this Agreement. 32.2 The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Purchase Orders, Work Orders, or other Order, and that such forms may be issued by OWNER to CONTRACTOR as a matter of convenience to the Parties without altering any of the tenns or provisions hereof, regardless of the language appearing on such Order which may be contrary. In case of conflict, the terms of this Agreement shall govern. 22 Agenda Item No. 16E4 February 14, 2006 Page 24 of 52 33. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above and continuing for one year from that date unless terminated earlier by mutual agreement or as described herein: Name afFirm "CONTRACTOR" ATTEST: By: Title Corporate Secretary/Witness Date: Printed Name Second Witness Printed Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: Deputy Clerk BY: Frank Halas, Chairman Approved As To Form and Legal Sufficiency: Robert N. Zachary, Assistant County Attorney 23 Agenda Item No. 16E4 February 14, 2006 Page 25 of 52 EXHIBIT A PROJECT SCOPE AND SERVICES 24 Agenda Item No. 16E4 February 14, 2006 Page 26 of 52 EXHIBIT B INSURANCE REQUIREMENTS 25 EXHIBIT C DESIGN PHASE COMPENSATION SCHEDULE Agenda Item No. 16E4 February 14, 2006 Page 27 of 52 26 Agenda Item No. 16E4 February 14, 2006 Page 28 of 52 EXHIBIT 0-1 APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of Counly Commissioners (the OWNER) or Collier County Water-Sewer District (lhe OWNER) Application Date FROM: No for (CONTRACTOR's Representative) Payment Application Date: (CONTRACTOR's Name) (CONTRACTOR's Address) Work accomplished through RE: (Projecl Name) Original Contracl Time: Revised Contracl Time: Original Contracl Amount $ Total Change Orders to Dale $ Revised Contract Amount $ Total value of Work Compleled and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: % Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYiNG DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress paymenls 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 conneclion with Work covered by prior Applications for Payment numbered 1 lhrough _ 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 lhe OWNER and that current payrnenl is now due: (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contracl and shall be incorporated inlo a future Change Order: By CONTRACTOR: (Signature) DATE: (CONTRACTOR's Name) (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) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: (Signature) DATE: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Tille) 27 Agenda Item No. 16E4 February 14, 2006 Page 29 of 52 EXHIBIT D-2 SCHEDULE OF VALUES 28 EXHIBIT E RELEASE AND AFFIDAVIT FORM Agenda Item No. 16E4 February 14, 2006 Page 30 of 52 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" hereby releases and waives for itself and its subCONTRACTORs at every tier, material men, suppliers, successors and/or assigns, all claims for payments due under this Agreement, against the Board of County Commissioners of Collier County, Florida, ("OWNER") relating in any way to the performance of the Agreement between CONTRACTOR and OWNER, dated , 200_, for the period from to (2) CONTRACTOR hereby certifies for itself and its subCONTRACTORs at every tier, material men, suppliers, successors and/or assigns, that all charges for labor, materials, supplies, iands, 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) This Release and Affidavit is given in connection with CONTRACTOR's [monthiy/final] Application for Payment No. Name of Firm "CONTRACTOR" Date: ATTEST: By: Title of individual signing First Witness Printed Name Second Witness Printed Name STATE OF COUNTY OF 29 Agenda Item No. 16E4 February 14, 2006 Page 31 of 52 ofa corporation. He/she is personally known to me or produced day of , as corporation, on behalf of the The foregoing instrument was acknowledged before me this , 200_, by as identification, and did not take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of 30 Agenda Item No. 16E4 February 14, 2006 Page 32 of 52 EXHIBIT F-1 CHANGE ORDER CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: (Type in clearly identified change here if short, otherwise use attachment and identify. Example: See attached Exhibit "A") FOR THE (Additive) (Deductive) Sum of: (write out in words) ($ ). Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (_) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the CONTRACTOR arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: (type in CONTRACTOR name) OWNER: 31 By: (type name of authorized firm signatory) Agenda Item No. 16E4 February 14, 2006 Page 33 of 52 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: (Type name) Project Manager DESIGN PROFESSIONAL By: (may not apply) 32 Agenda Item No. 16E4 February 14, 2006 Page 34 of 52 EXHIBIT F-2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: D Unit Prices D Lump Sum D Other Method of determining change in Contract Times: D CONTRACTOR's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: Engineer By: OWNER's Representative 33 Agenda Item No. 16E4 February 14, 2006 Page 35 of 52 EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project PROJECT: Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To_[insert correct information] OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE 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. 34 Agenda Item No. 16E4 February 14, 2006 Page 36 of 52 The responsibi~ties between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a reiease of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 200_ OWNER By: Agenda Item No. 16E4 February 14, 2006 Page 37 of 52 Type Name and Title Agenda Ilem No. 16E4 February 14, 2006 Page 38 of 52 EXHIBIT H FINAL PAYMENT CHECKLIST Bid No.: CONTRACTOR: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO I. 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 ITom 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. 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: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By OWNER: Agenda Item No. 16E4 February 14. 2006 Page 39 of 52 (Department Name) (Signature) (Name & Title) EXHIBIT I CONSTRUCTION PHASE SCHEDULE Agenda Item No. 16E4 February 14, 2006 Page 40 of 52 Agenda Item No. 16E4 February 14, 2006 Page 41 of 52 EXHIBIT J-1 PUBLIC PAYMENT BOND CONTRACT NO. BOND No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, as and Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Obligee , for in accordance with by reference and made a part drawings and specifications, which contract is incorporated hereof, and is referred to 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, suppiying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is 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 day of , 200_, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Agenda Item No. 16E4 February 14, 2006 Page 42 of 52 PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by as of , a corporation, on behalf of the corporation. He/she is personally known to me as identification and did (did not) take an OR has produced oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Agenda Ilem No. 16E4 February 14. 2006 Page 43 of 52 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _day of 200_, by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Agenda Item No. 16E4 February 14, 2006 Page 44 of 52 EXHIBIT J-2 PUBLIC PERFORMANCE BOND BOND NO. CONTRACT NO. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 200_, with Obligee for day of _ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. Agenda Item No. 16E4 February 14, 2006 Page 45 of 52 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 thereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did take an oath. Agenda Item No. 16E4 February 14, 2006 Page 46 of 52 My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was 200_, by of behalf of Surety. He/She is Agenda Item No. 16E4 February 14, 2006 Page 47 of 52 acknowledged before me this day of , as Surety, on personally known to me OR has produced as identification and who did take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Agenda Item No. 16E4 February 14. 2006 Page 48 of 52 EXHIBIT K PERMITS Agenda Item No. 16E4 February 14. 2006 Page 49 of 52 EXHIBIT L TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Name of Company hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the Design Professional services CONTRACTOR to be provided under the Professional Services Agreement, concerning Title of Contract are accurate, complete and current as of the time of contracting. Name of Company BY: TITLE: DATE: Agenda Item No. 16104 February 14, 2006 Page 50 of 52 EXHIBIT M LIST OF DESIGN PROFESSIONALS 15 Agenda Item No. 16E4 February 14, 2006 Pags 51 of 52 EXHIBIT N STORED MATERIALS RECORD 16 Item Number: Item Summary: Mel!tingDate: No. 15E4 14.2006 520152 COU.lER COUNTY SOARD OF COUNTY COMMISSiONERS 15E4 Recommendation to Approve Standard Form Design.8ui1d Contract for Use in the Acq"isnion of Design and COMtructlon Services From a SinQie Firm. 2!14i20069:00:QOAM D_ Preparfd By K>>ls~yWa,d Admil'listrati""SefVictl!. S,."i<>rPurcllilsins and Conlmctr.Aqsl'lt "u'cha~ing 21112tl0611:12:2SAM ""'" Approved By St".veCam,,1I AdministrativeS..rvicos PllfCha<,inlliGeaeral9ycl> Oir~et"r Purchac,ing 212/2ll!lG1!l,3iAM D... Approv~d By len GoMl!n Price Admil'liMl"IltiYeSer\licu Administ",liveServicesAdm;ll;slral"" Administ"'tivtl Servke~ Admin. V2f2nnG10,52AM "''' ApprovrdDy "nl>ertN,Zachary CountyAllOrrl"Y Au;'itlint CO'lnly Attomq C<:>untyAtto"'''yOftice 2'mooaZ:OZPM o,~ Apprnvfd By OMBCoord,n.rtor Co,,"lyMaoall"'r'sOffictl Admillislrntiv.,Anislanl Qffj""",fMaMge",.,nl& ellllg:on V311011G 11:10 AM 0_ APP"oVl'd By Marklsachon C"'mlyMantlller'llOffice BIldlletAnaly!.! Offj.,., ot Mllnagemf!m & Budget 2IJi1t111612;37PM o.~ Approved By Lea f. Oells, Jr. [ki1t!nfCo"l1t~ C"mmbsi<mers Deputy Cnuoly Manall'" C<:>ulllyM.naq"r'sO!fic.. 2i3!2GOO1:$OPM Agenda Item No. 16E5 February 14, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for office space to house the State Attorney's Economic Crime Unit at a first year's annual cost for rent and common area maintenance fees of $72,018,79, Fund 001, and communications systems cost of $12,454, Fund 178, OBJECTIVE: To obtain approval and execution of the attached Lease Agreement for office space for the State Attorney's Economic Crime Unit in order to aliow the State Attorney's Office to expand within the Administration Building. CONSIDERATION: In an effort to reduce the jail population within Coliier County, the State Attorney's Office, in concert with Coliier County, has added staffing to their Coliier County Office located in the Administration Building located at the Government Center. Even before this effort, the State Attorney's offices were overcrowded with employees in converted closets and storage areas. Additionaliy, they have converted support areas to offices (break rooms and conference rooms). State and County staff have worked together on a proposal to temporarily relocate the Economic Crime Unit Division to leased space off-campus. This effort wili give the State Attorney's Office the opportunity to provide space to the new staff members that wili be involved with the jail population reduction program. The tentative long-range pian is for the State Attorney's Economic Crime Unit to be relocated back to the Main Government Complex either permanently located within the Annex or possibly reassigned to the Administration Building. Staff has located vacant office space on Horseshoe Drive, which was previously occupied by the County's Stormwater Management Department. The initial lease term wili be for two years with two, one year renewais. The office has a total of 4,175 square feet with the first year's annual rent of $55,318.75. Foliowing the first year of occupancy, the rent shali be increased by five percent annualiy. The monthly common area maintenance (CAM) costs shali be $1,391.67 for the first year and may be increased annualiy thereafter to reflect the County's share of the property's actual operating expenses. The cost for the instaliation of telephone and computers system is estimated at $12,454. The County wili be responsible for ali costs pertaining to janitorial services, pest control, air- conditioner filter replacement, phone service, and electricity charges at the leased property. The attached Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The annual rental and CAM charges of $72,018.79 will be paid from Fund 001, Cost Center 443010, and the estimated one-time communications wiring and connections costs of $12,545 wili be paid from Fund 178, Cost Center 421520. Funds for this move shali come from reserves via budget amendments. GROWTH MANAGEMENT: There is no impact on the County's iong-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Horseshoe Drive Development, L.C. and authorize the Board's Chairman to execute same and any necessary budget amendments. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Estate Services I Department of Facilities Management Item Number: Item summary: Meeting Date: Ag('mda Item No. 16E5 f"et)r,j0;ry14,2006 Pzg€2of7 COLLIER COUNTY BOARD or COUNTY COMMISSIONERS 16E5 Recommendation to I.IpprOVllllnd e~ecula tile attacMed Leil~e Agreemel'lt wrtll Horseshoe Drive Development, L.e_ lor o1~ce space to Mouu the State Attomeys Economie Crime Unrt at a firsl yaars anno.;al cost for ffinl and C,ll,M of $72:.018,75, Fund 001, and (:(lmmunleatiomi s-yslamG cost MS12A54, Fund 178 2114/Z006f!:nncOoAM Pn'p..rty Manail"m9nt Sp<>dltli"t ",," Prepal'ed By Micl>a..l H. Dowling Adm;ni.~trlltiV&S","ic<J_~ Facilit...",Mal'laq<!:m"!I\i 2J1/2G1l64:31:4GPM Rnl e",t,~l.. Servic..s Manager 0." Approved By Chel1i>sE,Carrin(ltoo,Jr., SRlWA Admin;sulltiwS."victlS f"dllliMMan..g..,,,,,ni 2W200Gt:3&AM F..dUti<>"M"IHlgementDi'<lctor Olll>> Approved By S~ipC:~mp,C.f',N:' Ar.lmi"is'r.tf~~S"fViclOS fadlitie~Manag'''"..,nt 21&1200610:26 AM Approved By Admini"trati'ffl Suvicu AdminlMratl>t "". Lftfl Gold"n P';Cfl P,dmh"S1:rniivmS"",lc(!,. AdmJnil'trati>re S.,vi(.1l1' A~m;n. 11U200S4:11Pl/I Admin;stralil'aAl'sictanf "'. 2131woe 9:17 AM Approved By OMSCot),dlnator CounlyMllllagmr'~ OffiCII Offieo 0/ Man/!gem~mt &. Budg", Mllnagermlnlll.fl<ldlllltAnal,.~t "''' Approved lly G~ryA. VinCllnt Cl>untyM..na;er'sOffk:" Oflic" "f M..nllllfln"",t & Bodg..t 2i3/200~4;13PM M;;mllg"""'i'lt &. BIll:l"..; mr~ctnT Oale Approved By NiehlllllS",ykowski Coumy MalloiJof"S OrHce O!'fic" "I MlIllllq"m,ml & lludgei 2J11200€1:G5PM o..f1"'Y C<><illly Ma""9",r ~,. Approv..d By U...E.O"hs.Jr. Board of County C"nllnu,..i"n..rlI C{)\lm)'M"n"g,,"~Oifice ~7J7(1066:o.tPM Agenda Item No. 16E5 Lease # February 14, 2006 Page 3 of 7 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this _ day of , 2006, between Horseshoe Development, L.C, c/o Pelconcepts, Inc., whose mailing address is 650 15th Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the propeny described as 2685 Horseshoe Square, Unit 212 and 213. Naples Florida. lOtaling 4,175 square feet, hereinafter referred to as the "Demised Premises", fOT the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on February 1, 2006 and ending January 31, 2008, hereinafter referred to as the "Initial Term". LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same annually following the Initial Term, for a total of two (2) additional years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to tenninatc this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of FiftYN five Thousand Three Hundred Eighteen Dollars and Seventy-five Cents ($55,318.75) per annum in equal monthly installments of Four Thousand Six Hundred Nine Dollars and Ninety Cents ($4,609.90) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (lJ30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by five (5) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Ex penses and Chanzes In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of One Thousand Three Hundred Ninety-one Dollars and Sixty-seven Cents ($1,391.67). This amount shall include, but is not limited to, real estate taxes, insurance, management fee (4%), outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. J Agenda Item No. 16E5 February 14, 2006 If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall Page 4 of 7 provide LESSEE with written notice of same thirty (30) days after the anniversary date advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. LESSEE shall be responsible for the payment of all janitorial services, air conditioner filter replacement and all utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If lESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system at the Demised Premises. ARTICLE 6, Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide [0 LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consenC to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents. representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement ARTICLE 8. Assil!nment and Sublettinl! LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. 2 Agenda Item No. 16E5 ARTICLE 9. Insurance February 14, 2006 Page 5 of 7 The LESSEE will at aU times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arisin2 from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, pennitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE. upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, pennitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR. LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 12. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to lESSEE'S good faith effort to correct such default. ARTICLE 13. Default bv Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligalions within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations, 3 Agenda Item NO.1 E5 ARTICLE 14. Notices February 14, 2 06 Page 6 f7 Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners cIa Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Horseshoe Square Development, L.e. c/o Pe1concepts, Inc, 650 15'" Avenue South Naples, Florida 34102 cc: Office of the County Attorney ARTICLE IS. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, .11 parties are hereby made aware of the following: Radon is a naturally Dccuning radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governim! Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK. Clerk BY: Deputy Clerk BY: 4 .' , . AS TO THE LESSOR: DATED: ATTEST: , Secretary APpro~as to f07iJlegal sufficiency: ~jII'\, ~ Thomas . Palmer, Assistant County Attorney Agenda Item No. 16E5 February 14. 2006 Page 7 of7 HORSESHOE SQUARE DEVELOPMENT, L.c. By: Pelconcepts, Inc., its managing member BY: W. VINCE PELC. President 5 Agenda Item No. 16E6 February 14, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L,C. for temporary office space to house the Information Technology Department's Data Center Operation at a first year's annual cost of $125,545.50 and relocation expenses of $282,745. OBJECTIVE: To provide temporary space for the Information Technology Department to relocate staff to make room for an urgent expansion of the Data Center in the Administration Building. This is being combined with an approved reprogramming of IT staff space in the Administration Building, and to move the Board's training facility out of leased space in Court Plaza Ill. CONSIDERATION: At this time, the main Data Center located in the Administration Building is urgently in need of additional space. The Data Center is currently operating beyond its capacity with respect to generator backup power, battery backup, floor loading and air- conditioning. This Data Center serves the Emergency Operations Center as well as all County computer work stations. Without immediate remediation, projects needing services which require additional equipment from this Data Center cannot be executed. Expansion of this system is strongly recommended by IT before the approach of the next storm season. The expansion of the Data Center requires staff to be relocated from the space adjacent to the Data Center to make room tor expansion. Many of the services provided by this Data Center will be permanently relocated to the Emergency Services Complex once completed. IT staff will be relocated to the Administration Building once the Clerk's staff is moved to the Courthouse Annex once completed. The Information Technology Department's Software Development Section is already being moved as part of a planned reprogramming of the Administration Building. This move was approved by the Board on September 27, 2005, item 16 E 8. It is recommended that funds approved for this move be used as part of the funding for consolidating most of the IT staff along with the training center as described below. Staff has located vacant office space on Horseshoe Drive, which was previously occupied by the County's Utility Billing and Customer Service Department. The initial lease term will be for two (2) years with two, one ycar renewals. The office has a total of 7,278 square fcet with the first year's annual rent of $96,433.50. Following the first year of occupancy, the rent shall be increased by five (5) percent annually. The monthly common area maintenance (CAM) costs shall be $2,426.00 for the first year and may be increased annually to reflect the County's share of the property's actual operating expenses. The cost for leasehold improvements and furnishings will be $282,745. The County will be responsible for all costs pertaining to janitorial services, pest control, air- conditioner filter replacement, phone service, and electricity charges at the leased property. Agenda Item No. 16E6 February 14, 2006 Page 2 of 8 With this relocation, the IT Department will vacate the leased space currently occupied in Court Plaza III, which is adjacent to the Government Center. The IT Department occupies approximately 3200 square feet of office space in the Health and Public Services Building. That space is being assumed by the Health Department. The IT staff currently occupying this space will be included in the space requested in this executive summary. The costs herein also include the reconliguration of staff space on the 5th floor of the Administration Building for the remaining IT stalf. This Executive Summary does not inelude the capital costs which will be forthcoming for the expansion of the Administration Building Data Center. The attached Lease Agreement has been reviewed and approved by the Office of the County Attorney lor content and legal sufficiency. FISCAL IMPACT: The funding for annual rent and CAM charges of$125,545.50, along with associated moving expenses estimated at $282,745, have been identified within existing Information Technology cost centers and previously allocated capital funds to service rent and related expenses. GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. RECOMMENDATION: That the Board of County Commissioners approve the Lease .-- Agreement with Horseshoe Drive Development, L.C. and authorize the Board's Chairman to execute same and any necessary budget amendments. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services / Department of Facilities Management .-- ltell1Nllll1ber; IteIl1S11ll1l11ary: Meeting Date: AgendaltemNo, 16E6 Febnm.ry 14. 2006 P<lge3018 COLLIER COUNTY BOARe UF COUNTY COMMISSIO/llt:fl.S lfiEB Recommendation to approve and execute the at1ached Leilse Agreement wilh Horseslwe Drive Devl'Ilopmem, L.C. fm temporary ol'llce space to hallS'!! tile Information Technology Departm!ilnta Data Center Operation at a flrot years annual cost of!1:25,545.50 and "'location l'I~p"nses ot $282,745 2/14120069:00:00 AM Admil1i~tmtlw Servien Aliminisl,atDr D.. Prt'pa..ed By Len Gold...",pric.. A<!mjllht.....tiv6St"V;~"O!S Admill;~lnlliV(lSfl'v;GIl$Allrnin. 1/jO/2OQG3:11:Z2PM D.. App.."ved By cn.,lesE.C<lrrington,Jr" SRlWA Adm;ni';lnrtiv9Sc1rvic<!$ RuiElI\lItaS..rvice~MIIMger F"cil~;0>5 M.",agfln",nt li3DIlOO& 3;42 PM App.....ved By l:lanryAllelrlld hriOffn;lllion T"cnn"iogy Di,ector D.. AllrnlniatrativoS"rvl""'l IUformatlaulorchnoloQY 1130120003:51 PM App.....ved By SltipCamp,C.F.M. Fadlltifl." Managl'!n'"nf Dirndar D... Administrnf,veSto.v;ces radmie"- M"'n~~ll"f 1131Ji20/lti.4:42f'M Approved By Adm,ni$tr",tiv.SeN,,,e$A<lmini$trafor Oal" l"nGoldonf"ica '\ltmin;$tratil'1!S..",i!:ll& Iidmini$trafiv..Servi"",.Admln. 21212t1ll510:47AM App,.ovtdBy Admin;&irati",,,ll.as;M,,,nl Oal" OMBCoord;nalof COllnlyManag..,'"Offi<;e Uftir,,,,,tM,,,,..~"n"'nt&Bnd!l..t 213121K1Gg:O~AM Blld9..tAn.iy&t O.dt' Apl)l'Ol'ed By Mnrl<I$Mk$"" c"ur,t.'lIla"ager'sOffi<:1> Offk" "f Maf1all""""l'It & all~ut Zl3i2otlGi1:WAM C<tnmyMa""yor O~ Aplll'oved By J"m~"V.M"dd Bo..dofCoullty C"",m;%j''''''''5 C<rlluty Managar't'; O1lice 21J!20061Z:07?M LEASE AGREEMENT Agenda Item No. 1 E6 Lease # FAhr'lary 14, 2 06 Page 4 f 8 THIS LEASE AGREEMENT entered into this _ day of , 2006, between Horseshoe Development, L.e., c/o Pelconcepts, Inc., whose mailing address is 650 15th Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE l. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2685 Horseshoe Square, Unit 212 and 213, Naples Florida, totaling 4,175 square feet, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on February 1, 2006 and ending January 31, 2008, hereinafter referred to as the "Initial Term". LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same annually following the Initial Term, for a total of two (2) additional years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Fifty- five Thousand Three Hundred Eighteen Dollars and Seventy-five Cents ($55,318.75) per annum in equal monthly installments of Four Thousand Six Hundred Nine Dollars and Ninety Cents ($4,609.90) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by five (5) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Exoenses and Char~es In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAMn) to be paid monthly in the amount of One Thousand Three Hundred Ninety-one Dollars and Sixty-seven Cents ($1,391.67). This amount shall include, but is not limited to, real estate taxes, insurance, management fee (4%), outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. Agenda Item No. 1 E6 February 14, 2 06 If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall Page 5 f 8 provide lESSEE with written notice of SaIDe thirty (30) days after the anniversary date advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. LESSEE shall be responsible for the payment of all janitorial services, air conditioner filter replacement and all utility charges pertaining to the Demised Premises including, but not limited to, charges fOf electricity, light, heat, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. Ii after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of lESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the tennination of this Lease or any renewal tenn thereof, or within thirty (30) days thereafter, if LESSOR so directs, lESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assienment and Subletting: LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. 2 ARTIClE 9. Insurance Agenda Item No.1 E6 February 14. 2 06 Page 6 f8 The LESSEE win at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to lESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTIClE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, lESSEE shall indemnify and hold lESSOR hannIess against and from any and all claims arising from lESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and lESSEE shall further indemnify and hold lESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, pennitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTIClE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and corrected and LESSEE shall assume and pay aI] necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTIClE t2. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTIClE 13. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 3 ARTIClE 14. Notices Agenda Item No. 1 E6 February 14. 2 06 Page 7 f 8 Any notice which lESSOR or lESSEE may be required to give to the other party shaJl be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners clo Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 341 t2 lESSOR: Horseshoe Square Development, L.C. clo Pelconcepts, Inc. 650 15" Avenue South Naples, Florida 34102 cc: Office of the County Attorney ARTIClE t5. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTIClE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interlere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. ARTIClE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTIClE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTIClE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATfEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BY: 4 . . AS TO THE LESSOR: DATED: ATTEST: , Secretary Appro~s to form{i:Jlega] sufficiency: ~1Ot-l". ~ Thomas . Palmer, Assistant County Attorney Agenda Item No. 1 E6 February 14. 2 06 Page 8 f 8 HORSESHOE SQUARE DEVELOPMENT. L.C. By: Pel concepts, Inc., its managing member BY: W. VINCE PELC, President 5 Agenda Item No. 16E7 February 14, 2006 Page 1 of 52 EXECUTIVE SUMMARY Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on March 11, 2006 and authorize the donation of certain surplus property to the City of Everglades and the Collier County Sheriff's Office. OBJECTIVE: To dispose of the County's surplus property in a lawful, cost effective and public manner. CONSIDERATIONS: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property (attachment A-1 and A-2) that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately six hundred (600) items that will be auctioned, of which there are several pieces of computer equipment, furniture, miscellaneous office equipment, vehicles, and small equipment. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to inciude preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statutes. - The items on the attached list (attachment A-1 and A-2) are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the March 11, 2006 auction, staff is requesting permission to dispose of additional non-asset surplus items that may be received subsequent to the preparation of this executive summary at the March auction. All items sold and their realized values will be reported in a follow-up executive summary. In November 2005, a request was made to the County Manager by the Mayor of Everglades City to provide the city with several surplus desks, chairs, and small office and computer equipment. The request came due to damage caused by hurricane Wilma to the City Hall building and its contents. Those items indicated on attachment A-1 were available and provided to the City of Everglades. Subsequently, an additionai request was made to obtain three lawn mowers and two gator utility vehicles that are surplus items (also indicated on attachment A-1). On October 4,2005, a request was made by P. Terry Henderson, Chief Pilot of the Helicopter Operations Department, to donate a Turbine Temperature Indicating System Tester to the Collier County Sheriff's Aviation Unit (see attachment B). The Collier County Helicopter Department no ionger has the type of helicopter for which this equipment would be used. In addition, there is no other Board of County Commissioners department that could use this piece of equipment; however, the Collier County Sheriff's Aviation Unit could utilize it for their helicopters. As of this writing, both entities, the City of Everglades and the Collier County Sheriff's Office, are in possession of the referenced items on a temporary basis. Under Section 274.05, F.S., the Board of County Commissioners has the authority to permanently donate surplus property to other local governments. FISCAL IMPACT: The net revenue for those items sold at auction will be credited to the .- appropriate funds. Agenda Item No. 16E7 February 14, 2006 Page 2 of 52 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the recommended actions. RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list (attachment A-1 and A-2), on March 11,2006, authorize the donation of the items indicated on attachment A-1 to the City of Everglades, and authorize the donation of the Turbine Temperature Indicating System Tester as indicated in attachments Band C, to the Collier County Sheriff's Office, upon Board of County Commissioner approvai. SUBMITTED BY: Sue Hebbe, Purchasing Technician, Purchasing Department ,..~.,- Agenda Ih"m No, 16E7 February 14. 2U06 Pag0,'\ot52 COLLIER COIJNTY 60MW Of COUNTY COMMISSIONERS 11emNumber: HiE? Meeting Date; Recommefld~\ion to d""larll certain county-owned propeny as sllrplus, authorize ij sale of theSllrpluspropertyonMarch11,2000Qfldllllthoril:tlhedonatI0f101C<lrtainSllrpiuS property to lhe City o! Everglades. <II'ld the Collim County Sh!trifl~ Office 2ilAi20069,OO,OOAM IlemSummary: AJlprovedBy SteY<lCam<lll Purcha.inl/iG'ma....IS"c50J""'dnr D" Admini.o;lrnllVllServJce$ ?urch",.;ng 1131i~ll(I& 1:44 PM ApP,'ovedBy L<llIGol.;.o"Plice Admiltl~I"'tiv"Sfll"iL'<I.$Admini"ttator ". Adminlstl1lliv..S..rvic..,. Admil\;stmtiv", S<!rvic.j.!; Admin. li2!ZO0610;50AM Approved By OM8C"otdinlllor Allmini"lr.liv..An;sllfnt "'.. County Ma""ll"r',. Oftjc.. Dffice 01 Malla!}errlllnt & Budg1lt 2i312110S 9:10 AM Appro\led By Marklsat::MOll Sudl!O'ltAnalysl, 0"1<1 COOrlty MlfnlfJ1&!'1 OOice on."", nf l\blUlg..meot" Sudg"t 213iZllO~ 1l:19 PM ApJl,'oved8y Jamul/,Mudd County Mal1>lg'ilr 0.. 6<l3rd<lfCounty Comm'~$io""r& County M;lflO'lgsr'~ OffiCll :V3l100&1:0ePM AttachmenlA-1 Agenda Item No. 16E7 February 14, 2006 Page 4 of 52 Last Update: January 30, 2006 SURPW!::. PRnPFRTY-lNVFNTnRY CPU's 100-199 ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET # FN COST OEPT FROM SERIAL NUMBER TRANS TO OEP FNO COS ASSET# Cll< CTO CPU, Gateway 1008 97025 111 1001 Comm & Gllst Rei CPU Gatewa 101 2000075 131 13832 Zonin CPU Gatew 102 2001171 001 15541 DomAnimal I 001 121143 CPU Dell 103 2000D40 TC290 111 15639 paR 6BJ CPU Dell 104 2001086 PA#0101 Pro e A 30R9P01 CPU, Dell 105 98144 PA#981030 PropertyApp FXG6 CPU Gatewa 1068 Proe A CPU,H eeh 107 111 156381 paR 700135626 CPU, Gatewa 1088 2000075 111 156381 paR Ci 01 Ever lade CPU Gatewa 1098 99151 111 156381 paR Ci 01 Eve lade CPU, Galewa 110 990431 111 156381 paR I 001 121143 CPU, IBM Laptop 111 S 2000038 PA#20-o02 PropertyApp Wate CPU Dell 112 001 155810 Health I 001 121143 CPU Den 113 001 155810 Health IT 001 121143 CPU, Dell 114 001 155810 Health IT 001 121143 CPU Dell 115 001 155810 Health I 001 121143 CPU, Dell 116 001 155810 Health I 001 121143 CPU, Dell 117 001 155810 Health I 001 121143 CPU Dell 118 001 15541 DomAnimal I 001 121143 CPU, Dell 119 001 155410 DomAnimal 1 001 121143 CPU Gatewa 120 20001237 32211 MIS Ci ofEveriade CPU Gatewa 121 20001452 32211 MIS Ci of Ever lade CPU Gatewa 122 991 32211 MIS Cit 01 Eve lade CPU, Gatewa 123 99106 322110 MIS Ci 01 Eve lade CPU Galew 124 2000141 322110 MIS Ci 01 Eve lade CPU Galewa 125 20001421 322110 MIS Ci 01 Ever lade CPU, Gatewa 1268 990389 IT239 408 253221 NWaterPlant 0013048546 CPU, Galewa 1278 990390 408 253221 NWaterPlant 0013048547 CPU Dell 128 408 253221 N Water Plant I 001 121143 CPU, Dell 129 408 253221 NWalarPlanl I 001 121143 CPU, Gatewa 130 20001441 322110 MIS Ci 01 Ever lade CPU, Gatewa 131 20001252 322110 MIS Cit 01 Eve lade CPU, Gatewa 132 20001242 322110 MIS Ci 01 Ever lade CPU, Gatewa 133 20001232 322110 MIS WWColleetions CPU, Gatewa 134 2000145 32211 MIS Cit 01 Ever lade CPU, Gatewa 135 2000141 32211 MIS Ci 01 Eve lade Page 1 0140 AtlachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 5 of 52 CPU's 100-199 ITEM # COUNTY OTHER ASSET # FN COST OEPT FROM SERIAL NUMBER TRANS TO OEP FN' C~~ a.!C::!C::ET# CTR CPU, Gatewa 136 200012 32211 OMIS C; 01 Ever lade CPU, Gatewa 137 20001251 32211 OMIS C; 01 Ever lade CPU Galawa 138 20001 32211 MIS C; olEve lade CPU Galawa '" 20001224 32211 MIS CI 01 Eve ,,," CPU Galawa 140 20001 32211 MIS CI 01 Eve lade CPU, Gatewa 141 20001257 32211 OMI8 CPU, Gatewa 142 2000124 32211 MIS CPU, Gatew 143 20001236 32211 MIS CPU, Gatewa 144 2000127 322110 MIS CPU, Gatew 145 20001235 322110 MIS CPU. Gatewa 146 2000146 32211 MIS CPU Gataw 1478 40 25321 WllterDist 000724117 CPU, Dell 146 40 25321 WllterDis! 004N CPU Dell 149 40 25321 Water Dis! 225R CPU. Dell 150 IT4091 001 1222 Facllltias 7MH0401 CPU Dell 151 2001172 IT42 001 1222 Faciilties 4HCR401 CPU.Dell 152 20011721 IT421 001 1222 Facilities 47YQ401 CPU.Oell 153 200117 IT419 001 1222 FaCilities H67R401 CPU. Gatewa 154S 1T180 001 1222 Facilities 814472 CPU, Dell 155 200117 11420 001 1222 FaCilities J62R401 ~~tI 156 2001171 IT419 001 1222 FaCilities GLHQ401 (ewa 157$ IT240 001 1222 Facilities 1339916 f._. ..stews 158 9702 001 1222 Facilities BC09648071 Cit 01 Eve lade La ,.. . Com a 1598 97020' 001 1222 Facilities 6631HlA1435 CI 01 Ever lade La to .IBM 160S CC8her-l001 001 1= Facilities 9547U6G2223WN23 SCWWP Laptop, Compaq 1618 001 1222 Facilities J616HQV720950 J610HQT7948 CPU,Galewe 1628 IT236 111 15631 P&R 11336962 CPU, Dell 163 IT421 001 1222 Facilities 277R401 CPU, Dell 154S 20000971 IT280 408 25321 WeIer Dist 1799586 C; 01 Ever lade CPU. Galawa 165 973086 TC237 Ta~Collactor 763795 CPU, Dell '" 981041 TC261 Ta~Collactor ENWT CPU, Dell 167 20000398 TC289 Tax Collector 6BBJH CPU, Dell '" 2000040 TC2901 Tax COllector 6BJ17 CPU, Dell '" 200004 TC269 Tax Collector 6BJI1 CPU, Dell 170 2000040 TC290 Tax Collector 6BJJ CPU,Deli 171 2000039 TC2891 TaxColiector 6BJE CPU, Dell 172 20000391 TC288 Tax Collector 6BJEJ CPU,Dell 173 2000039 TC289 Tax Collector 6BJHU CPU.Dell 174 98107 TC257 TaxCollaclOr ENWP CPU.Dell m 9810 TC260 Tax Collector ENW CPU, Dell 176 200003 TC288 TaxColleclor 6BJE Page 2 of 40 Attact1mentA-1 Agenda Item No. 16E7 February 14, 2006 Page 6 of 52 CPU's 100-199 ITEM # COUNTY OTHER ASSET # 'NO COST DEPT FROM SERIAL NUMBER TRANS TO DEP 'Ne CDS Assm CTR C~ CPU, Dell 177 98108 TC258 Tax Collector ENWV 1 001 121143 CPU, Dell 178 981061 TC256 Tax Collector EMZA CPU Dell 179 98105 TC260 Tax Collector EMNQ CPU Dell 180 98141 TC245 Tax Collector CZQCH CPU Dell 181 98107 TC258 Tax Collector EMYN CPU.Dell 182 98107 TC258 Tax Collector EMYN CPU Dell 183 98107 TC2581 Tax Collector EMYN CPU, Dell 184 98107 TC257 Tax Collector EMYN CPU, Dell 185 9810 TC257 Tax Collector ENWV CPU Dell 186 981051 TC260 Ta~ Collector ENWR CPU Dell 187 200004 TC290 Ta~Collector 60JI CPU, Dell 168 98108 TC2571 Ta~Collector ENWA Cil of Ever lade CPU Dell 189 981 TC260 Tax Collector ENWQ CPU Dell 190 20000411 TC290 Ta~Collector 6BJKM Cit of Eve lade CPU Dell 191 981078 TC256 Ta~Collector ENWT CPU Dell 192 981036 TC2471 Ta~Collector DSXL C of Eve lade CPU, Detl 193 981085 TC257 Ta~ Collector ENWW CPU Dell 194 2000 TC," Tax Collector 6BJJU CI otEveriade CPU, Dell 195 981 TC261 Tax Collector ENWT CPU,Dell 196 981060-N TC2568-WrltI~ Tax Collector EMZRH City of Everglade T, CPU.Dell '" IT476 001 14421 Emer M mt H8VZ CPU, Gateway 198 991103 N IT 249 001 14421 EmergMgmt 001557678 City or Everglade T, CPU Dell 189 200118 IT 401 001 14421 Emer M mt FPOA401 1 001 121143 Page3of40 AltachmenlA-1 Agenda Item No. 16E7 February 14, 2006 Page 7 of 52 CPU's I~'~~- 19. ITEM # :~~~+: OlliER ASSET ## 'NO COST DEPT FROM SERIAl. NUMBER TRANS TO DEP 'N c~~ eTR CPU Gatewa 100A 96092 IT135 00' 14421 Emer M m' 477788 CPU Galewa 101A 99027 IT217 00' '442' Emer M , 001161680 CPU Dell 102A 2001182 IT 44 00' '442' Emer M ml 03YQ401 I 00' 121143 l" Deli 10SA 200119 IT 239 <10 25321 CCWD Referenca#98081 CII of Ever lade CPU. Gatewa ,04A 2000032 IT 263 49 19231 AI rtAulh 163448 CPU Dell 10SA 20010306 IT 4741 49 19231 AI rtAulh GNOZ501 I '0' 121143 CPU Dell ,OSA 2001190 IT 4551 49 19231 AI rtA<M 4ZH0401 I 001 121143 CPU Di ital 107A 0' 32211 MIS KN724EEC3 CPU, Galew 108A 9820 01 32211 MIS 1044630 CPU. Gatew 109A 97 32151 Criminal 792332 CPU, Galew 110A 97345 32151 Criminal 792333 CPU Gatewa 111A 982024 321511 ImmSalelile 0010433216 CPU, Gatewa 11SA 973411 32151 Criminal 792053 CPU, Galewa 113A 98201 321511 ImmSalelile 001043320 CPU, Ga!8Wa 114A 98209 32151 Criminal 0010407071 CPU Gatewa 11SA 99111 lT249 00' 15636 P&R 00163416 CPU, Galeway 116A 981017{N IT215 "'" 21015.< UlIlityBIlling 001030707 T, CPU Deli 117A 99117 lT6321 <10, 21015 UIIIi BUlin 9BVS401 I 001 121143 ~~II 118A IT426 "" 21015 Utili BIllin 6LCS401 I 001 121143 ( 'I 119A 2001120 IT49 "'" 21015 Utilil BUlin 77PTS01 IsleofCa ri ~h....l6i: 120A 1T433 40 21015 Utilil BIllin 580R401 I 001 121143 121A IT437 "" 21015 Utilll BIllin 4DCR401 I 001 121143 CPU,Del1 122A IT446 "" 21015 UtilI! Blllin 6BCR401 I 00' 121143 CPU, Dell 12SA IT430 <10 21015 Utili! Billin 1XOR401 I 00' 121143 CPU, Dell 124A IT4 "" 21015 Utili! Billin 6XHQ401 I 00' 121143 CPU Gatewa 12SA 20000648 IT231 "" 21015 Utili Billin 001724151 C of Ever lade Laptopo, Dell 12SA 2000109 IT284.d 001 12171 Purchasing (7)KMJV4"XBQF8-H3BF4 Isle of Capri nBVC-BCDB CPU Gatewa 127A 970257 IT158 ", '~Ir. 000617937 CPU, Dell 12SA 2001157 IT501 " 1 Bid Rev& Perm FBCR401 IT 001 121143 CPU Dell 129A 2001157 IT469 " 1 Rev&Perm 9DCR401 IT 001 121143 CPU Dell 130A 2003085 IT447 " 1 Rev & Perm 21JQ401 I 001 121143 CPU. Dell 131A 2001157 11"502 " 1 Rev&perm 77YQ401 I 00' 121143 CPU. Dell 132A 2002041 IT481 11 1369 Bid Rev& Perm JNKVZ01 Bid Rev & Perm 113 138930 CPU Dell 13SA 2001157 1T431 11 1369 Bid Rev&Perm D2YQ401 I 001 121143 CPU.Dell 134A 2001158 IT455 11 13693 BId Rev&Perm D16R401 I 001 121143 CPU.Dell 135A 2001156 IT211 11 1389 BId Rev&Perm 3M2YJ01 I 001 121143 Page4of40 Attad1menIA.1 Agenda Item No. 16E7 February 14, 2006 Page 8 of 52 CPU's 100A- 199A ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET # FNO COST DEPT FROM SERIAL NUMBER TRANS TO DEP FNO eQ' '''<T' en en CPU, Dell 136A 2001158 IT501 11 1389 Bid Rev I!. Perm 2098401 I 001 121143 CPU Dell t37A 200115 IT455 11 135' Bid Rev & Perm 616R401 I 001 121143 CPU, Dell 13SA 200115 IT45 11 135' Bldg Rev & Perm 6Y5R401 I 001 121143 CPU, Dell 139A 2001156 IT407 11 135' Bid Rev&Perm 306R4<l1 I 001 121143 CPU, Dell 140A 20011571 IT4071 11 135' Bld Rev&Perm 405R401 I 001 121143 CPU, Dell 141A 20011 IT502 11 1389 Bid Rev & Perm 1CCR401 I 001 121143 CPU, Dell 142A 2001149 IT5011 11 135' Bid Rev & Perm F2Y0401 I 001 121143 CPU.Dell 143A 200'15 IT501 11 135' Bid Rev & Perm J1YQ401 I 001 121143 CPU.Dell 144A 2001157 IT502 11 135' Bid Rev & Perm 7088401 I 001 121143 CPU.Dell 14SA 200210 IT307 11 135' Bid Rev & Perm 4LK7Ll1 Bid Rev&Pe 113 138930 CPU.Dell 14M 2001157 IT501 11 135' Bid Rev & Perm B2YQ401 I 001 121143 CPU.Dell 147A 200115 IT451 11 1369 Bldg Rev & Perm 616R40t I 001 121143 ParMITa CPU, Dell 14M 200117 IT4241 11 136930 Bid Rev & Perm 86YQ401 I 001 121143 CPU, Dell 149A 2002041 IT4851 11 138930BJd Rev & Perm FFVD011 Bid Rev & Per 113 138930 CPU, Dell 150A 2002105 IT317 11 138930BJd Rev & Perm 5JK7L11 Bid Rev & Perm 113 138930 CPU, Dell 151A 2001159 IT449 ? 508Y801 I 001 121143 CPU,Dell 152A 2001157 IT407 ? DZ5R401 I 001 121143 CPU,Dell 153A 2001175 IH ? 7OJQ401 I 001 121143 CPU,Dell 154A 200189 IT430 4() 2101 Utili Blllln 8665401 I 001 121143 CPU,Del1 15SA 20011507 IT448 4() 21015 Utili Biliin 5XHQ401 I 001 121143 cpe Server? 15SA '3047 111 1789 Environ8vcs CPU.Dell 157A 20011861 IT4511 001 1222 Facilities DCCR401 CI 01 Ever lad CPU. Dell 15SA 2001186 IT441 001 1222 Facilities GBCR401 Cil 01 Eve lade CPU, Dell 159A 2001186 1T472 001 1222 Facilities 416Y801 CPU, Dell 160A 2001186 lT441 001 1222 Facilities 2XHQ401 Ci 01 Eve lade CPU, Dell 161A 2001186 IT450 001 12224 Facilities HTH0401 CI 01 Ever lade CPU, Dell 162A 20020371 IT508 001 1222 Facilities SGH1Y01 CPU, Gatewa 163A 2000125 01 =11 MIS 001969667 Ci 01 Ever lade CPU, Galewa 164A 2000145 01 32211 MIS 00201775 CPU. Gatewa 165A 20001228 01 322110 MIS 001980241 CPU, Galewa 166A 20001427 01 =" MIS 20177 CPU Galewa 167A 2000125 01 =" MIS 001969667 CPU, Galewa 1S6A 20001442 01 =" MIS 00201775 CPU. Galewa 169A 991041 01 32211 MIS 001492906 CPU, Galewa 170A 200014 01 32211 MIS 002017757 CPU.Galewa 171A 2000123 01 32211 MIS 001969671 Ci of Ever lade CPU, Gatewa 172A 2000127 01 32211 MIS 00196966 CPU. Gatewa 173A 2000144 01 32211 MIS 00201775 Cit 01 EVBr lade CPU, Galew 174A 20001258 010 32211 MIS 0019696681 Cil 01 Ever lade CPU Gatew u'^ 20001431 01 32211 MIS 00201775 Page50140 AttachmenlA"1 Agenda Item No. 16E7 February 14, 2006 Page 9 of 52 CPU'lI 100A- I 199A ITEM DESCRIPTION ITEM II COUNTY I OTHER ASSET II FN COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN C~~ ....T. CTR CPU Galewa FSA 2001 01 32211 MIS 0022410847 CPU Galewa 177A 2000141 01 32211 MIS 0020187265 Crt 01 Ever lade CPU Galewa FSA 2000127 01 32211 MIS 001969669 C 01 Eve lade CPU Galewa 179A 200012 01 32211 MIS 001969667 Clt 01 Ever lade CPU, Galew 180A 200014 01 322110 MIS 002017754 CI of Eve lade CPU Galewa 181A 2000127 01 322110 MIS 00196966 Ci 01 Eve lade CPU, Gatewa 182A 20001278 01 32211 MIS 0019696701 CPU Gatewa 183A 20001261 01 32211 MIS 00196966 CPU Gatewa lB4A 200012 01 32211 MIS 0019696717 C 01 Ever lade CPU Galewa 18SA 2000145 010 32211 MIS 0020177567 C 01 Ever lade CPU Galewa 18SA 200014 01 32211 MIS 002017755 Ci of Ever lade CPU Galewa 187A 200012 01 32211 MIS 0019696687 Ci Of Ever lade CPU Galewa 18SA 2000141 01 322110 MIS 0020118726 Ci of Ever lade CPU Galewa 189A 2000142 01 322110 MIS 0020177 CPU, Galewa IBM 200012 010 322110 MIS 001969668 Ci olEve lade CPU, Gatew 191A 20001438 01 32211 MIS 0020177555 Ci 01 Eve lade CPU, Gatewa 182A 20001457 01 32211 MIS 002017757 CPU, Galewa 183A 9910 01 32211 MIS 00149290 CPU, Galewa 194A 200014 010 32211 MIS 0020177571 C, 01 Ever lade g~tewa 195A 20001266 010 32211 MIS 001969666 CO 01 Ever lade ~~ :: 196A 200<" 010 32211 MIS 002017756 Clt of Ever lade 197A 200012 010 32211 MIS 001969670 ~l", _"l(~wa 18SA 2000143 010 322110 MIS 002017755 Ci otEverlade CPU Galewa 199A 20001271 01 32211 MIS 00196966 CII 01 Ever lade Page 6 of 40 Altacl1mentA-1 Agenda Item No. 16E7 February 14, 2006 Page 10 of 52 CPU's 1008- 199B ITEM DESCRIPTION ITEM. C~~~TY OTHER ASSET # FN[ ~~T OEPT FROM SERIAL NUMBER TRANS TO OEP FN C~~ AS ET# CPU Gatew 1006 2000125 01 32211 MIS 1969667 CPU GateWa 1018 200012 01 32211 MIS 19696721 CPU, Gatewa 1028 200012 01 32211 MIS 19696691 CI 01 Ever lade CPU Gatewa 1038 200012 01 32211 MIS 1989671 CPU Galewa l04B 2000145 01 32211 MIS 20177570 CI 01 Eve '" CPU Gatewa 1058 2000142 01 32211 MIS 20177541 C, 01 Ever lad CPU Galewa 1068 2000122 01 32211 MIS 1969670 CPU Galewa 1078 2000j1 01 32211 MIS 2017756 CI of Ever lade CPU Dell 1086 200118 IT443 '" 21015 PUED JGOR401 CPU Dell 1098 200118 IT476 '" 21015 PUED FZ5R401 CPU,Dell 1106 20011917 IT4 '" 21015 PUED 22DS401 CPU, Dell 1118 ITl01 '" 21015 PUED FKVKl CPU, Dell 1126 IT6011 408 210155 PUED 667Y241 P& CPU. Dell 1138 200120 IT41 40& 21015 PUED 308Y801 CPU Dell 1148 2001172 11477 '" 21015 PUED J4YQ401 CPU Gal9W' 1158 990247 IT222 131 1383 CDESEn 001165798 CPU Galew 1186 990245 IT22 131 1383 CDESEn 00116579 CPU Dell 1178 20000647 IT' 131 1383 CDESEn CUG9 CPU, Gatewa 1188 !T226 l$leolCa 00128748 CPU Dell 1198 IsleolCa 9MHQ401 CPU. Dell 120B IT664 Isle 01 Ca J6Y0401 CPU Galewa 1218 9607 1T191 001 1222 Facilities 454413 CPU Del! 1226 2001'~ IT4551 001 12114 IT 4ZHQ401 CPU Dell 1236 200116 IT434 001 12114 IT 3NCS401 CPU.Dell 1248 200118 IT440 001 12114 IT 9B8S401 1258 1268 127B 1288 129B 1308 131S 132B 1338 1348 1358 Page70140 AttachmenlA-1 Agenda Item No. 16E7 February 14, 2006 Page 11 of 52 CPU's 100B- ,,- ITEM DESCRIPTION ITEM # :~~~.;r" OTl-lER ASSET # FNO COST DEPT FROM SERIAL NUMBER TRANS TO DEP FNC C~~ A T# em 100B 1376 1386 1396 1408 1416 1428 1438 144B 1456 1468 1478 1488 1496 150B ~ Page 8 of 40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 12 of 52 COMPUTER MONITORS 200-299 ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET II FND COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN COS ASSET # CTR C~ Monitor Dell 200 001 121710 Purd1asin Monitor, Dell 201 001 121710 Purchasin Monitor, Dell 202 001 155410 DomAnimal Monitor Dell 203 001 155410 Dom Animal Monitor, Gatewa 204 111 100130 Comm & Gust Rei Monitor, Dell 205 111 100130 Comm & Gust Rei Monitor MAG 206 " 163615 TECM Monitor Deli 207 " 163615 TECM Monitor, Dell 206 " 163615 TECM Monitor, Dell 209 " 163615 TECM Monitor, Dell 210 " 163615 TEeM Monitor Dell 211 312 163615 TEGM Monitor 212 111 156390 paR Monitor 213 111 156390 paR Monitor Gatewa 214 001 121710 Purd1asin Monitor Dell 215 001 121710 Purchasin Monrtor Dell 216 001 121710 Purchasin Monitor. Dell 217 001 121710 Purchasin Monitor, Dell 218 001 121710 Purchasin Monitor Dell 219 001 121710 Purchasin Monitor, Dell 220 001 121710 Purchasin Monitor, Dell 221 001 121710 Purchasin Monitor, Dell 222 001 121710 Purchasin Monitor Dell 223 001 121710 PlJrchasin Monitor Dell 224 001 121710 Purchasin Monitor OJ ital 225 111 156395 paR Monitor ViewSonic 226 9810 111 156395 paR I 001 121143 Monitor, Dell 227 Pro e A Monitor, Dell 228 p, , A Monitor Dell 229 p, , A Monrtor, Deli 230 Pro e A Monitor E-Machines 231 111 156381 paR Monitor, ViewSonic 232 NoTa 111 156381 paR 95066 Monitor Dell 233 001 121710 PurChasin Monitor 234 001 121710 Purchasin Monitor, Viewsonic 235 990588 311513 Gnminal Floo 521 122410 Page9of40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 13 of 52 COMPUTER MONITORS 200-299 ITEM DESCRlPTION ITEM # COUNTY OTHER ASSET # FNO COST OEPT FROM SERIAL NUMBER TRANS TO OEP FNO COS ASSET # Cll< C~ Monitor, Dell 236 0," 121143 IT Cit 01 Ever lade Monitor ViewsoniC 237 9905 311513 Criminal R" 521 12241 Monitor Viawsonic 238 98105 311513 Criminal Flee 521 12241 Monitor viswsonic 239 98143 311513 CriiTUnal Monitor, Viawsonic 240 99059 311513 Criminal F1" 521 122410 Monitor Viewsonic 241 9814 311513 Criminal Monitor, Viawsonic 242 99058 311513 Criminal I 0'" 12114 Monitor, Vlewsooic 243 9814 311513 Criminal I 0'" 12114 Monitor Gatewa 244 311514 COllections Monitor Galewa 245 311514 COllections Monitor, Galewa 246 311514 Collections Monitor Gatewa 247 311514 Collections Monitor, Gatawa 248 311513 Criminai Monitor, Gatewa 249 311513 Crimlnai I 001 12114 Monitor Gatewa 250 311513 Criminal Monitor Gatewa 251 311513 Criminal Monitor, Dell 252 0'" 155810 Helalh Monitor, Dell 253 001 155810 Helalh Monitor Dell 254 001 155810 Helalh ~,Dell 255 001 155810 Helalh , 1ell 256 001 155810 Helalh ~. Jell 257 001 155810 Helalh MOI",~" Dell 256 0'" 155410 Dom Animal Monitor, Dell 259 0'" 155410 Dom Animai Monitor, Dell 260 001 15541 DomAnimal Monitor Gatewa 261 32151 Cnminal Monitor Galewa 262 32151 Criminal WWCollections Monitor,Gatewa 263 32151 Criminal Monilor, Gatewa 264 32151 Criminal Monitor, Gatewa 265 3219 Recordin Monitor Gatewa 266 32192 Recordln Monitor Gatewa 267 32151 Criminal Monitor, Gatewa 268 321920 Recordin Monitor Gatewa 289 32151 Criminal Monitor Gatewa 270 32151 Criminal Monitor, Gatewa 271 32151 Criminal Monitor Gatewa 272 32151 Criminal Monitor. Gatewa 273 321211 Civil Monitor, Gateway 274 32151 Civil Monitor. Gatewa 275 32151 Civil Page10of4Q AtlachmentA-1 Aqenda Item No. 16E7 - February 14, 2006 Page 14 of 52 COMPUTER MONITORS 200-299 ITEM DESCRIPTION ITEM # ~~~~;: OTHER ASSET '* FND COST DEPT FROM SERIAL NUMBER TRANS TO DEP FND c~~ A . cm c Monitor ViewSonic 2<, 99101 32151 Civil Monitor Galawa 277 32121 Juvenile Monitor Gatawa 278 32121 Juvenile Monitor Gatewa 278 321211 CMI Monitor ViewSonie 280 99107 321515 Civil Monitor ViewSonic 281 981 321211 Civil WrwColI Monitor, ViewSonic 282 990591 321211 Civil Isleo(Capn Monitor, ViewSonie 283 990587 321211 Civil IsleofCa Ii Monilor, ViewSonie 284 9814 321211 Civil WrwColI Monitor, Gatewa 285 408 253221 NWaterPlant Monitor,Gatewa 286 40 253221 NWaterPlant Mon~or Dell 287 40 253221 NWalerPlllnl Monitor,Samsun 288 40 253221 NWaterPlant Monitor, Dell 289 001 15541 DomAnimal Monitor,Galewa 290 32191 TraWe Monitor,Di ital 291 40 25321 WalarD,st Monitor, Oi ~al 292 40 25321 WatarDist Monitor Dell 293 001 1222 Facilities MX9057VU4 780 1 0A9H3 Monitor Gatewa 29' 111 15631 ,," Monitor, Dell 295 40 21015 PUED Monitor, Del! 29' 40 21015 PUED Monitor, Deii 297 40 21015 PUED Monitor. Deli 298 408 21015 PUED Monitor KDS 299 2001062 101 1636 Trans Admin W,WLa Pagel10!40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 15 of 52 COMPUTER MONITORS 201A- ,-.. ITEM DESCRIPT10N ITEM # COUNTY OTHER ASSET # FN COST OEPT FROM SERIAL NUMBER TRANS TO OEP FN COS A!I:!l:F'T/t CTR C~ Monitor Dell 201A 0"' 1222 Facililies Monitor Gatawa 202A 408 25321 Water Dis! Monitor Raven 20SA 40 25321 Water Dist Monitor 204A 001 Tax Collector Monilor Dell 20SA 001 1211 IT Monitor Dell 206A 001 12114 IT Monitor Dell 207A 001 12114 IT Monitor Dell 20SA 001 121143 IT Monitor. Dell 209A 001 121143 IT Monitor Dell 210A 001 1211431T Monitor. Dell 211A 001 12114 IT Monitor, Dell 212A 001 12114 IT Monitor Dell 21SA 001 121M IT Monitor Gatewa 214A tT182 Unknown Monitor, Dell 21SA 001 14421 Emer M ml Monilor, Dell 21SA 001 14421 Ernsr M ml Monitor, ADC 217A 001 14421 Emer M ml Monilor, Gatewa 21 SA IT 255 001 14421 Ernsr M mt Monitor, Viewsonic 219A 001 14421 Ernsr M mt ~~. ~:~~a 220A IT 187 495 19231 AI ortAuth 221A 495 192310 Ai ortAulh ~t ,'atun 222A 49 192310 Ai ortAuth MOI'"~,, Gatewa 223A IT 272 31 16367 CAT Monitor, ViewSonjc 224A 99107 "' 32211 MIS Monitor Mitsubishi 225A 01 32211 MIS Monrtor Gatewa 226A 321516 Tratfic Monitor Gatewa 227A 321516 TraHic Monitor Galewa 228A 321516 Traffic Monitor Gatewa 229A 321516 TraHic Monitor Gatawa 230A 32192 Land Records Monitor, Gatawa 231A 32151 Traflic CI ot E~er laele Monilor, Galewa 232A 32151 Traftlc Monilor, Gatewa 23SA 321516 Traffic Monilor Galewa 234A 321920 lanelRecorels Monitor Gatewa 23SA 321516 Traffic Page 12of40 AllachmentA-1 Agenda Item No_ 16E7 February 14, 2006 Page 16 of 52 COMPUTER MONITORS 2tl1A- 299A rTEM DESCRIPTION rTEM# ~~~~;' OTHER ASSET # FN COST OEPT FROM SERIAL NUMBER TRANS TO OEP FN cg~ TO C~ Monitor Gatewa 23M 3219 Land Reoords Monitor Gatewa 237A 32151 Traffic Monitor Gatewa 238A 32151 Traffic C 01 Ever lade Monitor Galewa 239A 32151 Traffic C 01 Eve lade Monitor Galewa 240A 32191 Microfilm Monitor Galewa 241A 32191 Microfilm C; 01 Ever lade Monilor Galewa 2424 32191 Microfilm Monilor Gatewa 243A 32151 6 Traffic CI 01 Eve lade Monil r Glltt'VI'II 244A 32HI1 l1Indne{;ords -- Monilor CoIorDis If! 24'" 32191 Land RaGoms Monitor. Gelewa 2_ 111031 0011563 P&R Monitor Gelewe 247A '" 2101 Utilil Billin Monitor Dell 24'" 40 21015 Utili Billln Cj 01 Eve lade Monitor Dell 249A " 21015 Utili Billin Monitor Dell 250A 1111789 EnvironSvcs Cj 01 Eve lade Monilor.Gelewa 251A 31191 Recordin Cit alEver lade Monitor Gatewa 2524 31191 Recordin Cj alEver lade Monitor. Gatewa 25" 31191 Recordln Clt of Ever lade Monilor Gatewa 2'" 31191 Aecorclin Cj of Eve lade Monilor GatBwa 2&'" 31191 Recor(!jn Cj of Ever lade Monilor Gatewa 2&,. 31191 Recordin Cj of Ever lade Monilor Princeton 257A 111 1001 Comm & Cust Rei Cj of Ever lade Monilor Brid 2&" 111 1001 Comm & Cust Rei Monilor, ViewSonic 259A 11 1399 Bid Rav& Perm WeterDls Monitor, ViewSonic 250A 11 1399 Bid Rev& Perm WeterDis Monitor VlewSonlc 251' 11 1399 Bid Rev & Perm WaterDis Monitor. ViBwSonic 2524 11 1399 Bid Rev & Perm Reus Monitor ViewSoniC 26,. 11 1399 ~d Rev & Perm P&R Monitor VlawSonic 2'" 11 1389 ~d Rev & Perm WaterDis Monitor Dell 26'" 11 1389 Bid Rev & Perm Monitor Dell 26'" 11 1389 ~d Rev & Perm Bid Rev & Per 113 138930 Monitor Dell 267A 11 1389 Bid Rev & Perm Bid Rev & Per 113 138930 Monitor Dell 268A 11 1389 Bid Rev & Perm Bid Rev&Pe 113 138930 Monitor Dell 269A 11 1389 Bid Rev & Perm Bid Rev&Pe 113 138930 Monitor Dell 270A 11 1399 Bid Rev & Perm Monitor Dell 271A 11 1389 Bid Rev & Perm Monitor Dell 2724 11 1389 Bid Rev & Perm Monitor Trinitron 273A " 21015 Utili Billin Clt of Ever lade Monitor 274A 111 17898 EnvironSvcs Monitor Dell 27SA 111 17898 EnvironSvcs Page 130f40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 17 of 52 COMPUTER MONITORS I~~:' ITEM DESCRIPTlON ITEM # ~~~~;: OTHER ASSET # FNO COST OEPT FROM SERIAL. NUMBER TRANS TO OEP FNO CDS A . C~ C~ Monitor Dell 216A '" 1189 EnvironSvcs Monitor, Dell mA 111 11898 EnvironSvcs Monitor Dell 27SA 111 11898 EnvironSvcs Monitor Dell 219A 131 13831 GIS/Ma '" C Of Ever lade Monitor Dell 280A 001 12224 Facilities Monitor Dell 281A 001 1222 Facilities Monitor Dell 202A 001 1222 Facilities Monitor Dell 20SA 001 1222 Facilities Monitor Dell 204A 001 1222 Facilities Monitor Dell 20SA 001 12224 Facilities Monllor Dell 286A 001 1222 Facilities Monitor Gatewa 281A Libra Monitor Gatewa 20SA Libra Monitor Gatawa 289A Libra Monitor Gatawa 290A Libra Monitor, Gatawa 291A Libra Monllor Gatewa 292A Libra Monitor Gatewa 29SA Libra Monitor Gatewa 294A Libra M Gatewa 295A Libra . '3atewa 296A Libra ~. 291A Libra Me 298A Libra Monitor 299A Libra Page 140140 AtlachmentA.1 Agenda Item No. 16E7 February 14, 2006 Page 18 of 52 COMPUTER MONITORS ITEM DESCRIPTION ~~B- :~~~~ OTHER ASSET /I 'NO COST OEPT FROM SERIAL NUMBER TRANS TO DEP 'N[ C~~ .0 A . em Monitor Galewa ""0 Libra Monllor Gatewa "'28 Libra Monitor Gatewa "'38 Libra Monitor Gatewa 2048 Libra Monitor Gatewa "'58 Libra Monitor Dell 2068 Libra Monitor Gatewa 2078 Libra Monitor Gatewa 2088 Libra Monitor Gatewa ""8 Libra Monitor Gatewa 2108 Libra Monitor Gatewa 211B Libra Monitor. Gatewa 2128 Libra Monitor Gatewa 2138 Libra Monilor Gatewa 2148 Libra Monitor Trinitron 2158 Libra Monitor Gatewa 2168 Libra Monitor 217B Libra Monitor Dell 218B Libra Monitor, Gatewa 21,. Libra Monilor Gatewa 2203 Libra MonilOr, Gatewa 2218 Libra Monitor Gatewa 2228 Libra Monitor Gatawa 2238 Libra Monitor Gatewa 2248 Libra Monitor Ga\ewa 2248 Libra Monitor Gatewa 2258 Libra Monitor Ga\ewa 2268 Libra Monitor Gatewa 2278 Libra Monitor Gatewa 2288 Libra Monitor Campa 2298 Libra Monilor Trinitron 2308 408 210155 PUED Ci 01 Ever lade Monitor Dell 2318 408 210155 PUED Monllor,DelI 2328 '" 210155 PUeD Monitor Dell 2338 "'8 210155 PueD Monitor, Del) 2348 408 210155 PUED Monilor Den 2358 "'8 21015 PUED Clt 01 Ever lade Monitor Dell 2368 "'. 210155 PUED Monitor Dell 2378 '" 210155 PUED Monitor Dell 23.8 '" 210155 PUeD Monitor Dell 2398 '" 210t55 PUED Monilor Dell 2408 131 13832 CDESEn Page 150f40 AttachmentA-' Agenda Item No. 16E7 February 14, 2006 Page 19 of 52 COMPUTER MONITORS ITEM DESCRIPTION I::~:. ~~~INTY OlliER ASSET # FNO Ct'O~T OEPT FROM SERIAL NUMBER TRANS TO DEP FN COS ETO C~ Monitor Gatewa 2416 131 138327 CDESEn Monitor, Gatewa 2426 131 138327 CDESEn Monitor Gatewa 2436 131 13832 CDESEn Monitor Gatewa 244B IT233 001 1211 IT C81009207 Monitor. Dell 2456 2001181 001 12114 IT MX-0957VU-47B01..QAA-H4B Monitor Com a 246B 001 1211 IT 725BG050 Monitor Galewa 2476 IT117 001 12114 IT 811422 Monitor Dell 248B 001 12114 IT 22794F37YU Monitor Dall 2496 001 12114 IT MX_07C051-47801_1A9_B2K Monitor Gatewa 250B IT232 001 1211 IT 8300296 Monitor. Dell 2516 001 1211 IT 22794F37YT3 Monitor Dell 252B 001 1211 IT MX.{I957VU-47801-0AB-H02 Monitor. Dell 2536 001 12114 IT CN095WUP-46633-2BI-IN2 Monitor, Dell 2548 001 12114 IT 22794F37YV Monitor, Dell 2556 001 1211 IT MX_0957VU-47801.{1C4_HOH Monitor Dell 256B 001 1211 IT MX-0957VU-47801.{1AA-H30 Monitor Dell 2578 IT535 001 1211 IT MX_0957VU-47801_0AA_H3E Monitor Deli 2"B WWColI 259B 2600 -- 261B 262B =- 263B 2648 265B 266B 267B 26BB 269B 270B 271B 2728 273B 274B B Page16of40 AttadlmentA.1 Agenda Item No. 16E7 February 14, 2006 Page 20 of 52 COMPUTER MONITORS ITEM DESCRIPTION 2018- COUNTY OTHER ASSET # FNO COST OEPT FROM SERIAL. NUMBER TRANS TO DEP FNO eos ~9. ACC:ET# e= em 276B 277B 278B 279B 280B 2818 2929 2S35 2948 2958 2868 287B 288. 289B 290. 291. 292. 2935 294B 295. 296. 297B 298B 299B Page 17 0140 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 21 of 52 PRINTERS 300-399 ITEM DESCRIPTION ITEM' COUNTY OTHER ASSET # FNe COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN COS ..." . C"TR C~ Primer Canon "" " 17897 Poll Control Plinter HP 301 93062 001 12171 PlJrchasin TratlieO s Printer/Fax, Brother 302 001 14421 IOmergMgmt Bldg Review p,~ Printer HP Des at "" Proe A Printer, HP, Oesil'et 304 Proe A Printer. HP,Laserjat 305 95032 PA#95100 PropertyApp Printer, HP, Lase~et 306 94074- PA#941041 PropertyApp Printer, HP,Laserjet 307 NoTa No Tag PA PropertyApp 95032 95100 Printer, HP, Laserjet 306 NoTa NOTag1~~ PropertyApp 940" "'0 Printer, HP, Lasarjet 309 NoTa No Tag PA PropertyApp 95079 95105 Printer HP Laser'et 310 9608 PA#961003 Pro A Printer, HP, Lase~et 311 973007 PM 971007 Pro a A Printer, HP,Laserjet 312 97300 PM 971008 PropertyApp Printer, HP, Laseret 313 96140 PA#961012 Proe A Pri--l-lP, Laserjet 314 NoTa No Tag PA#01016 PropertyApp City of Everglade 2001096 ~_. Jiital 315 93059 408 210151 Utillt Billin Printer, Eson 316 406 253221 NWaterPlaflt Printer 317 9405 32211 MIS Printer, o. 318 001 1222 Facilities Printer, HP 319 '" 15631 paR paR Printer, HP 320 ", 15631 paR Printer, Cannon 321 40 21015 PUED Printer, HP 322 200109 IT#4811 ,,, 13831 Gra hies SG06P9301 Racei tPrinter 323 TC3051 Tax Collector Racei tPrinter 324 TC328 Tax Collector Printer,lBM 325 001 14421 Ernerg Mgmt 11.CB631 Page 180140 AttachmenlA-1 Agenda Item No. 16E7 February 14, 2006 Page 22 of 52 PR!NT'!:RS :!OO-31!1! liEM DESCRIPTION liEM# ~~~,N1Y OTHER ASSET # FN COST DEPT FROM SERIAL NUMBER TRANS TO DEP FHI: eos A El# eTR en Printer E SOI1 326 001 144210 Emer M mt 2EGE0074 Ci clEver lade Printer E SOI1 327 001 144210 Em' M mt 150018536 Printer HPlasa 'etlU 328 9207 IT 106 001 144210 Em, M mt Printer HP 32' 001 122240 Facilities SGOC11101 Ci olEva lade Prinler HPlaser"elH 330 IT 106 001 144210 Emer M mt Printer Brother 331 31 163673 CAT Printer HP laserJel2100 332 31 163873 CAT elt of Ever lade Prinler HP 333 98025 144510 Helico lerO s Ct of Ever lade Printer HP 334 20001406 311111 ClCAdmin JPHAD1628 Printer, HP 335 200427 11 138910 FAH 336 337 338 33' 340 341 342 343 344 345 346 347 348 34' 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 Page 190140 AltachmentA.1 Aaenda Item No. 16E7 - February 14, 2006 Page 23 of 52 TYPEWRITERSlFAX MACHINES 1400-499 ITEM DESCRIPTION ITEM II COUNTY OTHER ASSET II FN COST DEPT FROM SERIAL. NUMBER TRANS TO DE? FNO C~~ ASSET II CTR Fax Xarox7042 400 98113 PA#98101 Pro e A Fax CO iar Xerox 1 20001581 11 1 1 FAH T ewriter Brother 402 40 253221 NWatarPlant Ci 01 Ever lade T rller Panasonic 403 9008 111 156310 paR l~eofCa ri Typewriter, IBM 404 85941 TC034< TaxCollactor City 01 Everglade WritlenO Fax Machine Brother 405 001 12225 Facilities U56360J993095 IsleotCa Ii Fax Machine 406 9406 011 31111 Finance 407 408 409 410 411 412 413 414 415 416 417 1-- 418 419 ~ 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 Page 200140 AttachmentA"1 Agenda Item No. 16E7 Febl"'..Jsry 14, 2006 Page 24 of 52 SMALl EQUJPMENTNEHICLES 500-599 ITEM DESCRIPTION ITEM # COUNTY OTHeR AsseT # FNo ~~T DEPT FROM SERIAL NUMBER TRANS TO DEP FNO C~~ ASSET # Gator Utili Vehide John Deere 500 97012 408 210151 Utili Blllin C; 01 Eve lade GatorUlir Vehicle John Deere 531 97012 40 210151 Utili Blllln C; 01 Eve lade Toro Mower 532 980417 40 25321 Water De t C; 01 Eve lade Sar1oPushMower 503 94014 40 25321 Water De t CI 01 Ever lade Kee Trailmata Mower 504 941 40 25321 Water De t CI 01 Ever lad 1997Ch Lumina 535 97300 Proe A License #15084 1998Che Lumina 506 973011 Proe A License #15566 1998Ch Lumina 507 97301 P , A License #15565 1997Che Lumina 508 9730 P A License #15083 2001 Che Lumina 509 2000137 PA#20016 Pm A License#i9238 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 Page 21 0140 AttachmentA"l Agenda Item No. 16E7 February 14, 2006 Page 25 of 52 M1SC~~I~~?~: ~~N- 600-699 "'LEe L TEM ITEM DESCRIPTION ITEM' ~~~~~ OTHER ASSET' 'NO COST DEPT FROM SERIAL NUMBER TRANS TO DEP 'N cg~ r~ Ke boardTra 600 11 178975 PolIConlrol Ke boardTra 601 11 17897 Poll Control Ke boardTra 602 11 17897 Poll Control K MaroTra 60' 11 17897 Poll Control K boardTra 604 11 17897 Poll Control K boardTr 605 11 17897 Poll Control K boaroTra 606 11 17897 Poll Control Ke boardTra 60' 11 17897 PollConlrol Purchasin 001 121710 Ke boardTra 606 11 17897 PolIConlrol Ke boardTra 609 11 17897 PolIConlrol Ke boardTra 610 11 17897 Poll COntrol Ke MardTra 611 11 17897 Poll Control WWCoII OfficeSu lies Soxol 612 11 17897 Poll Control S akers Boxol 61' 001 12171 Purchasin Com uterE ui Slar1andNetwork 61' Proe A Computer Equip, Baystack 615 NoTa No Tag PropartyApp IsieofCapri 990556 PA#991010 Computer Equip, Baystack 616 NoTa No Tag PA#0101 PropertyApp 2001098 M" ", 6H 001 1222 Facilities K >,Boxof 618 001 1222 Facilities :tam",a Polaroid 619 111 1001 Comm Cusl Rei 620 111 1001 Comm Cust Rei Camera Mino~a 621 88311 111 10013 Comm Cust Rei C; 01 Ever lade Tela hone 622 111 10013 Comm Cust Rei P&R DVDUnit 623 111 1001 Comm Cust Rei Camcorder 624 97015 111 100130 Comm Cust Rei WWla 4 Channel Converter 625 001 12224 Facilities OfliceSu iies. Box 01 626 11 17997 Poll Control C; 01 Eve lade K oards, Box 01 62' 11 17997 PolIContro1 Coat Rack 628 11 17997 Poll Control WaterDis BulletonBoard 629 11 17997 POll Control CA 31' 163673 ButJetonBoard 630 11 179975 POll Control CA 31' 163673 Ke boardTra Holder 631 111 156310 P&R Ke boardTra Holder 632 111 15631 P&R P&R Air Tank 63' 8316 4<)' 25321 Water De t 8002120408.111306 Air Tank 634 40' 253212 Water De t Bulleton Board 635 40 253212 Water Dist CA '13 163673 Paga22ot40 ,-' AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 26 of 52 MI~C"E,,~:?~;.,~.~N. 600-699 E C A I ITEM DESCRIPTION ITEM # ~~~~;:, OTHER ASSET # FNO COST DEPT FROM SERIAL NUMBER TRANS TO DE? FN' Ci CTR BulletonBoard 636 408253212 Water Dist CA 31 1636 Ribbon for Fiche Reader 637 111138313 Gra hics OfficeSu lies. Bo~ot 636 "1138313 Gra hies OfliceSu lies Bo~of 639 111138313 Gra hies Cisco Switch 640 001 121143 IT FAB0419T01 OfficeSu lies Bo~ of 641 Ta~Collector K boardTra 642 Ta~Collector Keyboard Tray 643 Ta~Collector K camTra 644 Ta~Coilector Picture 645 TC0921 TaxColleclor CA 313 163673 Ke boards, Bo~ot 646 Ta~ Collector K boards Bo~of 647 Ta~Collector K boards, Bo~ot 648 Ta~Collector Cit 01 Ever lade Jet Direct. Com uterE ui 64' TC304 Ta~Collector CD-Rewriter Back ack 650 Ta~Co'lector K ards Bo~of 651 001 144210 Emer M ml CI 01 Eve lade CD Rewnter Drfve 652 92028 001 144210 Emer M ml 5HEM31ROO "' Camera, Son 653 001 144210 Emer M ml Fiee 521 122410 K board Tra 654 001 122240 Facilities Reus S akers Bo~ 01 655 31 163673 CAT Teie ". 656 31 163673 CAT CordlessPrinlSharin Kit 657 31 163673 CAT K oardTra 658 001 122240 Faciiities K boardTra 659 001 122240 Facilities K boardTra 660 001 122240 Facilities DecServer 661 881161 01 322110 MIS RediO,Mobile 662 965180(N 11 138915 81dg Rev & Perm 151205 " Radio, Mobile 663 965183(n 11 138915 Bldg Rev& Perm 1512062 T, Redio, Mobile 664 965194(n 11 138915 Bldg Rev & Perm 151216 T. Radio,Mobile 665 965187(N 11 135915 BldgRev& Perm 151206 " Radio,Mobile 666 965181 {N 11 138915 Bldg Rev & Perm 151205 T. Radio, MObile 667 965190(N 113 138915 Bldg Rev & Perm 151214 T, Radio, MObiie 666 11 138915 Bid Rev & Perm 151214 Phone Radio 669 11 138915 Bid Rev & Perm Com terE ui ment 670 40 253212 CCWD Com uterE ui ment 671 40 253212 CCWD Com uterE ui men! en 408 253212 CCWD Page 23 of 40 AtlachmalltA-1 Agenda Item No. 16E7 February 14, 2006 Page 27 of 52 MISCE~~:?~~~.~N. 600-699 FLECTRr L I ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET # FN COST DEPT FROM SERIAL NUMBER TRANS TO DEP FNO c~~ AC;:C;:ET# CTR Com u1arE ui mallt 673 408 253212 CCWO Com ularE ui malll 674 40 253212 CCWD OfficaSu iias Box of 675 001 Facilities eakers Boxo! 676 40 210152 Utili BUlin Ka boards Boxol 677 40 210153 Utili Blllin Cell Phones Box of 678 41 210154 UWi Billin Camera Cases Boxo! 679 4" 210155 Utili Billir'l Camera-Kodax DC4800 680 41 210156 Utili Billir'l WatelDis Camera-KodaK DG5000 681 413 210157 Utili Billill Cit of Ever lade Camera-PolaroidS om 682 414 210158 Utili BHIiIl Camera-Son Maviea 683 2001052 41 210159 Utili Billill A.. 521 122410 Camera-Polaroid ProCam 684 416 210160 Utili Billin Ci 01 Ever lade Camera-Kodax DX3900-wlDocl<. 685 417 210161 Utlll BUlin WaterDls Camera-Kodax DX3900-wlDoeK 686 418 210162 Utili BlIIln WaterDis Gamera-Kodak DX3900 687 419 210163 Utili BlIlIn Gamera-Kodak DC50ao 688 42 210164 Utili Blllin Balle C"' ers Boxof 689 421 210165 Utili Blllin P&R COm ulerE ui Server-Com a 690 IT228 42 210166 Utili Billin D741BPV1017 Com uter E ui -Axis 560 691 42 210167 Utili Billin D0408C5B983E ~1~1118'l.Il: 692 40 253212 CCWD 693 408 253212 CCWD ~e. CO tronix 69' '" 100130 Comm Gust Rei P8037 _Control Unlt-JVC 695 '" 100130 Comm Cust Rei 1725439 PI, BackS slem-Maleo 696 '" 100130 Comm Cust Rei Ka boards Box of 697 " 13891 Bid Rev & Perm Briefcase, Black 698 408 21015 Utllll Billin SCWW Mail Bin 699 0" 31111 Finance P& Page 24 01 40 AttachmenlA-1 Agenda Item No. 16E7 FebnJary 14, 2006 Page 28 of 52 MISCELLANEOUS NON. 600A. ELECTRICAL ITEMS ,". ITEM DESCRIPTION ITEM II COUNTY OTl-lER ASSET II FN COST DEPT FROM SERIAL NUMBER TRANS TO DEP FNO C~; A!''=!C:ET' e~ Ke boards Box 01 600A 131 13632 CDESEn C; 01 Eva lade Ke boards Boxof 631' 131 ''''2 CDESEn Plan Holder Rack 632A P&R Tri od 633A '" 1563 POR Tri od 634A '" 1563 POR 605A &0,. G07A &0,. 609A G10A 611A &12A &13A &14A &1,. 6l6A S17A 61BA 6l9A 620' 621A 622A 623A 624A 62,. 62" 627A 62" 629' 630A 631A 632A 633A &34A 635A Page 25 of 40 AttachmentA"1 Agenda Item No. 16E7 February 14, 2006 Page 29 of 52 MISCeLL.AN~~~<:eLECTRONIC 700-799 ITEM OESCRtPT10N ITeM # ~~~IN~ OTHeR ASSET # FN C...~T OEPT FROM seRIAL NUMBER TRANS TO OEP FNO COS A seT CT Power Cords Boxo! 700 " 17897 Poll Control S eaker 70' " 178975 Poll Control S eakers Pair of 702 " 17897 POll Control S eakers Pairof 703 00' 121710 Purc/1asin Power Cords Box 01 704 00' 12171 Purc/1asln Am Ilfier Crate 705 980741 '" 156390 P&R Lar eS saker Crate 706 '" 156390 P&R Lar eS eaker Crate 707 '" '563 P&R S eaker Crate 708 '" 1563 P&R S eaker Crate 708 '" 15639 P&R JVC Radio/Cassette Pia sr 710 "' 1563 P&R OverheadPro'ector 71' "' 15639 P&R Malling Machine. Pitney Bowes 712 9814 PA#98101 PropertyApp Mailing Machine, Scale, Pitney Bowes 713 98143 PA#98101 PropertyApp Com terE ui '" Fro, A PowerPack,Tri Lite '" '" 156381 P&R Power Pack, Tri lite 716 '" 156381 P&R Power Pack Tfi lile 717 m 156381 P&R PowerPack,APC 718 m 156380 P&R WWLa ~&"'" '..,;nder 719 '" 156380 P&R g Texas Instrument 720 '" 156380 P&R ~a~ tili~: ~~~:~~; 721 ," 15638 P&R 722 m 156380 P&R Dell Power Vault 723 Proe A TV, Ma navox 7" 40 253221 NWaterPlant SCWW Plall Power Cables, Box of 725 32211 MIS Vacuum, Kenmore 723 00' 1222 Facilities eil of Eva lade Heater, Black & Decker '" 001 1222 Facilities Heater, Black & Decker 728 001 1222 Facilities Meter Reader '" 001 122240 FacHities Meter Reader 730 001 122240 FacWfies Meter Reader 731 00' 12224 Facilities Meter Reader 732 00' 12224 Facilities Meter Reader 733 00' 12224 Facilities Meter Reader 734 00' 12224 Facilrtles Time Clock 735 00' 12224 Facilities IsleofCa ri Pags 25 of 40 AttachmentA-l Agenda Item No. 16E7 February 14, 2006 Page 30 of 52 MISCELLAN~~~SELECTRONIC 700-799 JTEM DESCRIPTION ITEM" COUNTY OTHER ASSET" 'ND COST OEPT FROM SERIAL NUMBER TRANS TO OEP 'ND c~~ "'FT . eTR Time Clock 736 001 "22 Facilities Isle of Capri SalVer 737 9~~ 32211 MIS Scanner Cannon 738 111 1001 Comm Cust Rei I 001 121143 VideoSuNellance 739 001 "22 Facilities 02017-25-006 Lelterin S ,m 740 8878 111 15631 P&R Zi Drive 741 '11 15631 P&R Power Pack 742 40 21015 PUED MicrofiChe Reader 743 96027 111 13831 Gra hies 321129 Colorado Backu Ta as stem 744 111 13831 Gre hies JumboBacku fa as stem 745 111 13831 Gra hies Zi Drive 746 111 13831 Gra hies Zi Drive 747 111 13831 Gra hies Zi Drive 748 111 13831 Gra hies SlidePro-ecfor 749 8m 111 13831 Gra hies RearPro-ectionScreen 750 111 13831 Gra hies Calculator, Tro:as!nstrumenf 751 111 13831 Gra hies Cit olEve lade Power Cords, Box of 752 111 13831 Gra hies Letterin S stem 753 8506 001 15711 Universi '><1 Adtran 754 970692N 001 1211 IT R-637A693'1 T, Adtran 755 970694N 001 12115 IT N-620A203C T, Adtran 756 970693N 001 1211 IT R.637A6951 T, Shredder Fellowes 757 TC361 Tax Collector Ci 01 Ever lade Shredder Fellowes 758 Tax Collector ISleofCa ri Calculator, Sha 759 TaxCol!ector AirCleanar Boston 760 TaxCollecfor Power Pack 761 001 144210 Ernsr M m1 Power Pack 762 001 144210 Erner M mt Mona Counter 763 31 163673 CAT 828821 Calculator-Canon 764 40 210151 Utilil Blllin Calculator-Gasio 765 40 210152 Utilit Blllin Scwwp Calculator-Vicfor1297 766 40 210152 Utiii 6ilhn SCWWP Heater-Black & Decker 767 40 210152 Utili Billin Heater-Black & Decker 768 40 210152 Utili BUlin SCWWP Mall 0 ener.Pitne Bowes 769 910307 40 210151 Utili BUlin Meter Reader.Tron 770 408 210152 Ulilit Blllin 367476 VCR,Panasonic 771 973312 111 100130 Comm&Cust Rei H9TCOO016 VCR,Panasonic m 980394 111 100130 Comm&Cust Rei 17TCOO049 VCR,Panasonic 773 97331 '" 100130 Comm&Cust Rei L7TCOO021 VCR,PanasoniC 774 973311 '" 100130 Comm&Cust Rei 17TCOO02 VCR,Panasonlc 775 973312 '" 100130 Cornm&Cust Rei 17TCOO04 Page 27 of 40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 31 of 52 MISCELLANEOU.~.,ELECTRONIC 700-799 ITEM ITEM DESCRIPTION ITEMtI ~~~;~ OTHER ASSET tI FND COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN CDS C~ c~ VCR,Panasonic 776 20020574 ~ ", 100130 Comm&Cust Rei Kne005 2004230 VCR,Panasor'lic 777 20020575 ", 100130 Comm&Cusl Rei G1TCOO27 VCR Panasor'lic 776 20020576 ", 100130 Comm&Cust Rei GlTG0022 Ci ofEveriade VCR,Panasor'lic 779 2002057 ", 100130 Comm&Cust Rei KlTC0115 Video Casselle E ui Panasonic 780 2003166 ", 100130 Comm&Cust Rei P3TRAOO8 VideoCassetleE ul Panasonic 781 2003166 ,,, 100130 Comm&Cust Rei K7TRA0110 VCR JVC 782 9701 ", 100130 Comm&Cust Rei 120F2416 Ci 01 Ever lade VCR JVC 783 970161 ", 100130 Comm&Cust Rei 120F3368 Ci of Eve lade VCR.JVC 784 970164 ", 100130 Comm&Cust Rei 120F9 CI of Ever lade Converter Scan Do BOO 785 97092 ", 100130 Comm&Cusl Rei BOA9709283 Oi ilalMixer panasonic 786 970157 ", 100130 Comm&Cust Rei 67AOO18 Video Monitor, Panasonic 7" ", 100130 Comm&Cust Rei 79W06461,79W06462 79W0646 Video Monilor Panasonic 7" ", 100130 Comm&Cust Rei 07W10365,07W10366 Video Cassette Recorder Panasonlc 789 ", 100130 Comm&Cust Rei I'JD2 Video Casselle Recorder, Panasonic 790 ", 100130 Comm&Cusl Rei H1TRA0027 Video Cassette Recorder, Panasonic 791 ", 100130 Comm&Cusl Rei H1TRA Video Cassette Recorder, Panasonic 792 ", 100130 Comm&Cusl Rei GlTRA005 ~~setteReCOrder,panasonic 793 ", 100130 Comm&Cust Rei H1TRAOO7 ~o ok 794 ,,, 100130 Comm&Cust Rei P4AW13C7C 795 " 138915 Bid Rev&perm WaterDis ifuOrtldllC Floor Scrubber 795 95068 ", 156390 P&A 795601 Auto Anal zer-LabE ui 797 Water Microwave Oven 798 TC153 Tax Collector ATMMachine 799 2002027 TC332 Tax Collector Page 2B of 40 AttachmenlA-l Agenda Item No. 16E7 February 14, 2006 Page 32 of 52 MISCE1.LANEOUS ELECTRONIC 700A- ,TOM' 7f19A ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET 11 FN COST OEPT FROM SERIAL NUMBER TRANS TO DEP FNO cg~ AC:C:"'T' eTR 700A 701A 702A 703A 704A 70SA 706A 707A 70SA 709A 710A 711A 712A 713A 714A 715A 71 SA 717A 71SA 7l9A 720A 721A 722A 723A 723A 72SA 726A 727A 728A 729A 730A 731A 732A 733A 734A 735A Page 29 of 40 AtlachmentA-l Agenda Item No. 16E7 February 14, 2006 Page 33 of 52 FILE CABINETS 800499 ITEM DESCRIPTION ITEM' COUNTY OlHER ASSET' FNO COST OEPT FROM SERIAL NUMBER TRANS TO OEP FN C~~ ASSET' C11< 5 Drawer Laleral File Black BOO 11 17897 PolIConlrol CA 31 16367 6 Drawer Lateral Rle Black B01 11021 11 17897 Poll Control CA 31 16367 7 Drawer Lateral Rle, Bleck B02 1102 11 17897 Poll Control CA 31 16367 4 DrawerL alRle 803 911 11 178975 Poll Control Isle ot Ca ri 4 Drawer Le alFlle B04 11 17897 Poll Control IsleotCa ri 4 Drawer Le al File B05 114 178975 PolIConlrol CA 31 16367 4 Drawer Legal File 806 11 178975 Polleontrol COE PrinlCabinet B07 950532 40S 253212 Water Dist PrintCabinel 80s 98054 40S 253212 Water Disl PrintCabinel B09 95037 40S 253212 WaterDlsl File 810 8178 111 100130 Comm & Cust Rei CA 31 163673 File, 10 Drawer 811 92108 TCn01511 Tax Colleclor Flle,2drawerLaleraJ 812 87129 TcnOQ71 TaxColleclor CA 31 16367 File, 3 Drewer 813 TClt0067 Tax Collector File, 3 Drawer 814 TC#0671 Tax Collector File, 3 Drawer 815 TCltOO67 Tax Collector 5 Drawer Lateral File. Tan 816 11 17897 Poll Control CA 31 16367 Rollin File 817 Tax Collector CA 31 16367 2 OrawarFiie, Wooden 818 92107 TC150 Tax Collector P&REa Ie Lake 5.-..r, Metal, Me Cabinet 819 94041 PU Clt olEve lade ',Metal,Ma Cabinet 820 PU Cit olEve lade rLealFlle 821 408 210111 PU , CA 31 16367 4 u."....erLateral File 822 11 178975 POll Control CA 31 16367 Rle, 2 Small-1 Laroe Drawer 823 408 25321 CCWD C; 01 Eve lade File 11 & 2 small drawers, Brown 824 40 21015 Utili Billin C; 01 Ever lade File, 1 I & 2 small drawers. Brown 825 40 21015 Utili Blllln C; 01 Ever lade FHe,11 & 2 small drawers. Brown 826 40 21015 Utili Blllln Cil olEveriade File, 1 I & 2 small drawers. Brown 827 408 21015 Utili Blllin C; of Ever lade File, 1 I & 2 smali drawelS, Brown 828 40 2101 Utili BUlin Clt of Ever lade Fiie, 2 drawer, Brown 829 40 21015 Utili BUlin Floe File 2drawer,Brown 830 40 2101 Utili t Blllln CIl of Eve lade File. 1 I & 2 small drawers, Brown 831 40 210152 Utili Blliln Clt of Eve iade Rle.ll & 2 small drawers, Brown 832 40S 210152 Utilit Biiiin C; of Ever lade Rle.11 & 2 small drawers, Brown 833 40S 210152 Utilit Billin C; of Ever lade File, 2 drawer. Brown 834 408 21015 Utili Billin F1.. File 2 drawer, Brown 835 408 210152 Utilit Blllln C; 01 Ever lade Page 300140 AttachmenlA.1 Agenda Item No. 16E7 February 14, 2006 Page 34 of 52 FILE CABINETS 800-899 ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET 11 'NO COST DEPT FROM SERIAL NUMBER TRANS TO OEP 'N C~~ ASSET # cm c File 2 drawer Brown 836 '(lS 21015 Ulili Billin C; 01 Ever lade File, 2 drawer, Brown 837 " 21015 Ulili Blllin P, File11 & 2 small drawars Brown 838 2101 Utili Bllli C; alEver lad Fife 11 & 2 small drawers Brown 839 " 210152 Ulili Blllin C; 01 Eve lade File 2 drawer, Brown "" " 210152 Utili BUlin C alEve lade File 2 drawer Brown 841 " 21~f Utili Billin C, alEver lade File 2 drawer. Brown 842 " 2101 Utili Billin C; alEve lade File,2drawar Brown 843 " 2101 Utili BiIIln C; 01 Eve lade File, 2 drawer. Brown .... " 21015 Utili Bilfin C; otEverlada File 11 & 2 smail drawers Brown 845 " 21015 Utili Billin Cit 01 Ever lade File 1 I & 2 small drawers Brown ... " 21015 Utili Blllin CI 01 Ever lade Fila, 2 drawar, Brown 847 " 21015 Utili BUlin City 01 Ever lade File,2drawar, Brown ... "8 21015 Utili Billin CI 01 Evar lade Rle,11 &2smalldrawers, Brown 849 " 21015 Utili Billin C 01 Ever lade File 1) & 2 smell drawers, Brown 850 " 21015 Utilit Blllin CII 01 Ever iade File, 2 drawer, Brown 851 " 2101 Ulilit Billin CI 01 Ever lade File. 2 drawer, Brown 852 " 21015 Ulili Billin WaterOis File 11 & 2 small drawers, Brown 853 " 21015 Utili Billin Ci 01 Ever lade Fila.11 & 2 small drawers, Brown 884 " 21015 Ulili Blllln Ci 01 Ever lade File, 2 drawer, Brown 855 " 21015 Utillt Blllin Ci 01 Ever lade File, 2 drawer. Brown 856 '0 21015 Ulill Billin HumanSv File, 2 drawer Brown 857 '08 2101 Ullli Billin C, 01 Ever lade File, 2 drawer Brown 858 '08 2101 UIlIi Billin PUE '08 210155 File 11 & 2 small drawers, Brown 859 "8 21015 Utili Billin Ci 01 Ever lede Fiie, 1 I & 2 small drawers. Brown 850 "8 21015 Utili Billin WalerOis File. 2 drawerlaleral,Browrr 851 "9 21015 Utili Blllin HumarrSvc File, 2 drawer, Brown 862 " 21015 Utili Billin HumarrSv File, 2 drawer, Brown 863 " 21015 Ullli Billin Humans~ File, 2 drawer, Brown 86' 40 21015 Utili Billin HumanSv File. 2 drawer. Brown 865 " 21015 Utili Billin HumanSv File 11 & 2 smail drawers Brown 866 40 21015 Utili Billin Ci of Ever lade File 11 & 2 small drawers, Brown 867 40 21015 Utili Billin PUE "8 210155 File 11 & 2 small drawers, Brown 868 40 21015 Utili Billin Wale File 11 & 2 small drawers, Brown 969 40 2101 Utili Blllin WaterDis File,ll 802smallclrawers,Brown 970 40 2101 Ulili Blllin Wate File, 1 I & 2 small drawers, Brown 971 40 21015 Utili Billin Cil 01 Ever lade File, 2 drawer. Brown 972 40 210152 Utili Blllin HumanSv File, 2 drawer, Brown 973 40 2101 Utilit Blllin HumanSvcs File, 2 drawer lateral. Brown 974 40 210152 Utilit Blllin C; 01 Ever lade File. 2 drawer. Blacl< Le 1 975 40 210152 Utili Blllin C" 01 Ever laae Page 31 0140 AtlachmenlA"1 Agenda Item No. 16E7 February 14. 2006 Page 35 of 52 FILE CABINETS 800--899 ITEM DESCRIPTION ITEM## COUNTY OTHER ASSET ## FN COST DEPT FROM SERIAL NUMBER TRANS TO DEP FNt cg~ AC:CET# em File 5 DrawarLateral 876 8905 E" Rav&Perm CIt 01 Ever lade Rle 5 DrawsrLateral 877 Bid Rev & Parm CI alEve lada Rle 5 Drawer Lateral 878 Bid Rev!!. Perm EM File 5 Drawer Laleral 879 Bid Rev & Perm Cit of Ever lad a File, 5 Drawer Laleral 880 Bid Rev & Perm CII o!Everlade Flle,2DrawerLaleral 891 WaterDlsl Cil alEverlade File 4 Drewer,Le al 882 Health BB9 8B4 8B5 886 887 888 889 890 691 892 893 69' f-- 895 896 - 897 898 899 Page 32 0140 AttllChmentA.1 Agenda Item No. 16E7 February 14, 2006 Page 36 of 52 OffIce Fumlture 900.999 ITEM DESCRIPTION ITEM" ~~~~~ OTHER ASSET # FN COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN[ c~~ CTR Bookshelf Stealcase 900 11 17897 PallCantral CA 3' 16367 Bookshelf Stealcase 90' 11 17897 PallCantrol CA 313 163673 Table Steetcase 902 11 17897 PallConlrol CA 313 163673 Bookshell.Metal 903 11 17897 POll Conlrol CA 3'3 163673 Chair Side Gra 904 11 17897 POll Control Chair Side,Blue 905 11 17897 Poll Control PollConlroi 11 17897 Chair Side,Blue 906 11 17897 PolICOnlrol PolIConlrol 11 17897 Chair, Side Blue 907 11 17897 PolICanlral Poll Control 11 17897 Chair, Side, Blue 908 11 17897 POll Control PolIConlrol 11 178975 Chair Side,Blue 909 11 17897 Poll Conlrol PolIConlrol 11 178975 Chair Side, Tan/Gra 910 11 17897 PoIlConlrol PolIConlrol 11 178975 Chair, Side, Tan/Gm 911 11 178975 PollConlral PellControl 11 17897 Chair, Side, Tan/Gra 912 11 17897 Poll Control PellConlrol 11 178975 Chair Side TanfGra 9'3 11 178975 Poll Control PellControl 11 17897 Chair, Side TanlGra 914 11 178975 PollConlrol PollConlrol 11 17897 Cl1air Side Tan/Gra 915 " 17897 Poll Controi Poll Contro " 17897 Side Table 916 " 17897 Poll Control Side Table 917 " 17897 POll Control CA 3'3 163673 RoundPedeslalTable 918 ", 1001 Comm & Cust Rei WaterDls 408 253212 Desk Wooden 9'9 90068 TC#01416 Ta)(Collector EM Desk Gra Steelcase 920 86180 Libra NWaterPian Desk,GraySteeicase 92' 8729 PA#8621 PropertyApp CA 3'3 163673 Chair Tall Stool Gra 922 89072 H19S Health Chair Office Blue 923 EMS Fllcilltie 001 122240 Side Chair, Gray 924 Imm Cty Cemm. Colletta Desk,Gra Steelcase 925 EMS CA 3'3 163673 Desk Gra Sleelcase 926 86661 EMS CA 3'3 163673 Desk Gra Sleelcase 927 EMS CA 313 163673 Desk,Gm Sleelcase 928 EMS IsleolCa Ii Desk Gra Sleelcase 929 EMS SCWR Desk Gra Sleelcase 930 EMS CA 313 163673 Side Chair, Gray 93' Imm Cty Comm- Colletta SideChalf, Woeden 932 C/CMicrolllm Golden Gate WIC Side Chair, Wooden 933 CfCMicrofilm GoldenGaleWIC Chair, Office, Blue 934 TC2391 Tax Collector GoldenGaleWIC Chair Office Blue 935 TC293 Ta)(Colleclor CA 313 163673 Page 33 of40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 37 of 52 Office Fumlture 900.999 ITEM DESCRIPTION ITEM # COUNiY OTHER ASSET # FND COST OEPT FROM SERIAL NUMBER TRANS TO OEP FN' c~~ ASSET # elR Chair Office, TallGra 9'" Tax Collector Purchasin 001 121710 Chair,Office,Gr 937 TC318 Tax Collector Purchasin 001 121710 Chair Office Gra 938 TC193 TaxColle!:lor CI of Eve '" Chair Office Gr 939 TC1961 Tax Collector Faciliti 001 122240 Chair Office Gra 940 TC195 Tax Collector CA 313 183873 Chair Ottice Gra 941 TC196 Tax Collector CA 313 163673 Chair Office Gra 942 TC195 Tax Collector eA 313 163673 I 943 TC156 Tax Collector CA 313 183673 e Gra 944 TC153 TaxCollaclor Facllllis 001 122240 e Gra 945 TC195 TaxCollaclor CA 313 163673 , Gffi 946 890887 TCl32 TaxColleClor CA 313 163673 eCablnet 947 " 178975 Poll Control CA 313 163873 De" 948 EMS CA 313 163673 Chair. 949 8751 001 12224 Facililies ell ofEverl8oe Chair ra 950 40 253212 Water Dist Isle of Ca Chair lue 951 408 25321 WaterDlst CA 313 163673 Chair Office Blue 952 40 253212 Water Dist CA 313 163673 Chair SiosBlue 953 40 25321 WatarDist Chair, Side Blue 954 40 25321 WalerDisl ~ eBlua 955 408 25321 WalerDist ~~ 181ue 95' 408 25321 WalerDist ~L ~Blue 957 40 25321 Water Disl Chao" ..;,oeBlue 958 40 25321 Water Dist Chair. Side Blue 959 40 25321 Water Disl Chair Side Blue 960 40 25321 WaterOist Chair Side Blue 961 408 25321 WaterOist P&REa Ie Lake Chair $ideBlue 962 40 253212 Water Dist P&REa Ie lake Chair $ldeBlue 963 408 25321 WalerDist P&REa teLak Chair Side Blue 964 408 25321 WatelDist P&REa ieLake Chair, Side Blue 965 408 253212 WaterDlst P&REa Is lake Chair Side Blue 968 408 25321 WalerDist P&REa Is lake Chair, SioeBlue 967 408 253212 WalerDist P&REe Is lakes Chair. Side Blue 988 408 25321 Water Dist P&REe Is lakes Chair, Side Blue 969 408 25321 Water Disl P&REa Ie lakes Chair, Side Blue 970 408 25321 Water Disl P&REa lelaKe Chair, Side Blue 971 408 25321 WalerDISl P&REa Ie lake Chair, Side Blue 972 40 25321 WaterOiSl P&REa lelake Chair, Side Blue 973 " 25321 WatarDisl P&REa Ie lake Cheir, Side Blue 974 40 253212 WalerDisl P&REa Ie lake T ewriterStand 975 TC065 TaxColleclor Cil of Ever lade Page 34 of 40 AttachmenlA-1 Agenda Item No, 16E7 February 14, 2006 Page 38 of 52 OfflceFumlture 900.999 ITEM DESCRIPTION ITEM # COUNTY OTHER ASSET # FNO COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN cg; ASSET# ern Chair Office, Red 976 TC216 Tax Collector WaterOls Chair, Side Blue 977 TC238 TaxColleClor Ci of Ever lade Chair Side Blue 97B TC238 TaxColleClor Cit 01 Ever lade Chair Office Green Stool 979 TC374 TaxColleClor P' 001 156363 Rollin She~ 980 TC156 TaxColieClor C, of Eve lade TV Cabinet 981 TC31 Tax Collector Ci 01 Eva lade Chair Office Blue 982 001 12224 Facilities Chari,Otfice Gra 983 8712 001 14421 Emer M mt Chair Side Tan 984 001 144210 Emer M mt CII 01 Ever lade Chair Side Tan 985 001 14421 Emer M mt CO 01 Eve lade Chair, Side, Tan 986 001 14421 Emer M t Cil 01 Ever lade Chari, Office Tan 987 001 14421 Emer M ml CiI of Ever lade Chair. Side, Tan 989 001 14421 Erner M ml Cil 01 Ever lade Chair Side Tan 989 001 14421 Erner M ml Chair,Office, Tan 990 001 14421 Erner M rnl CII 01 Ever lade Chair, Office, Tan 991 001 14421 Erner M rnl Cil 01 Eve lades Chair, Office. Tan 992 001 14421 Erner M ml Ci 01 Ever lade Chair. Side, Pink 993 89'" 001 14421 Emer M mt Cil of Ever lade Chair. Side. Blue 994 PU Cil 01 Ever lade Chair Side Blue 995 FU Ci alEver lade Chair, Side Blue 996 PU Ci of Eve laoe Chair. Side Blue 997 PU Chair Side Blue 996 PU Chair,Ollice,Gra 999 PU Eo SeNlca Page 35 o! 40 AtlachmentA-1 Agenda Item No_ 16E7 February 14, 2006 Page 39 of 52 QmceFurnlture 100<1- '89 ITEM DESCRIPTION ITEM' ~~~~~ OTHER ASSET # 'NO COST OEPT FROM SERIAL NUMBER TRANS TO DEP 'NO COS TO CTll C~ Chair Side Blue/Green "00 PU CA 313 163673 Chair Side Blue/Green 1001 PU CA 313 163673 Mail$ortin Bin 1002 PU CA 313 163673 TV Stand, Wooden 1003 001 12224 Facililies Cit 01 Ever lade Com uterOeskITable "" 001 1222 Facilities Eo Service 131 138327 TV Cabinet "05 001 1222 Facilities Wale Wood BiocK Table "" '01 12224 Facilities Road & Brid Conlerencetable 1007 891 PU Environ$vc 111 178980 Desk,Gra Steelcase 1008 Veterans HumanSv Chair 011ice,BlackfTan 1009 001 14421 Em' M ml Cil of Ever lade Chair Office Green 1010 001 14421 Emer M ml C of Ever lade Chair Office, Blue Green 1011 001 14421 Emer M ml Chair Side Blue 1012 88111 001 14421 Emer M mt C; of Ever lade DesK Wooden 1013 92020 TC#0172 001 FaCilities WaterDi Credenza, Wooden 1014 97308 TC#0238 001 10051 Coun AIt C; 01 Ever fade D" Wooden 1015 8631 TC#OO01 001 10051 Coun A CI 01 Ever lade Desk Steelcase Tan 1016 311511 CfCSatellile CI 01 Ever lade Desk Wooden Gra 1017 TC#315 Tax Collector CI otEverlade Chalr,Wooden 1018 FacHities Cit of Ever fade F~IWooden 1019 Facilities C; of Ever lades " "0 1020 40 210151 Utllit Biliin P&REa Ie Lakes ~ ,Ion 1021 40 210151 Utilil Billin P&REa felake WOI~J!8l1on 1022 40 210151 Utilil Biliin P&REa Ie lake Chair Side Green 1023 408 210151 Utilit Billin CI 01 Eve lade Chair. Office Red 1024 40 210151 Utili Billin CI of Ever lade Chair, Office, Green 1025 40 210151 Utili Billin CI of Ever lade Page 36 0140 AttachmentA.1 Agenda Item No. 16E7 February 14, 2006 Page 40 of 52 OfficeFllmlture 1000- 1099 ITEM DESCRIPTION ITEM 0 :~~~~ OTHER ASSET" 'NO COST DEPT FROM SERIAL NUMBER TRANS TO OEP 'NO C~~ T cm Chair, Office Green 1026 40621015 1 Utllit Billin Ct 01 Eve lade Chaic Office, Green 1027 40821015 1 Utllit Billin SCWW Chair, Office Green 1028 4 21015 1 Utili Billin Chair Office Green 1029 40 21015 1 Utili Billin Chair Office Green 1030 40 21015 1 Utilit BiIBn SCWW Chair Office Green 1031 40 21015 1 Utilit Billin Desk,Steelcasa 1032 Em. M t Ct 01 Ever lade Desk Steelcase 1033 Emer M mt Cj 01 Eve lade Chair,Oflice, Red 1034 Eimer M mt Table La . 1035 40 2532' CCWD P&REa Ie lake Table lar e 1035 40 25321 CCWD Cj 01 Eve to, Chair, Side, Gra 1037 001 1222 Facilities Chair Side Gra 1038 001 12224 FaCilities Chair Side Gra 1039 001 122240 Facilities Chair, Side,Gra 1040 001 122240 FaCilities Chair,Office,Gra 1041 001 1222 Facilities Chair, Office, Gra 1042 001 122240 Facilities Chair Side Green 1043 001 122240 FaCilities P&REa leLake Chair Side Green 1044 001 1222 FaCilities P&REa lelake CMir Side Blue 1045 OOt 1222 Facilities Chair, Side, Gra 1046 OOt 12224 Facilities Chair Side, Pink 1047 OOt 1222 Facilities Ct of Ever lade Table small white 1046 40 21015 Utili Billin Cj 01 Ever lade Bookcase Wooden 1049 40 21015 Utili Blllin PB.REa Ie Lake Credenza, Wooden 1050 920519 an 408 2101 Utility Billing EM 89087 D" WoMen 1051 920618 408 210152 Utili Billln EM End Table, Wooden 1052 406 408 21015 Utili Blllin Clt of Ever lade Chair Olllce Green 1053 408 2101 Utili Blllin P&R Chair Omce,Green 1054 40 21015 Utili Billin Ct of Ever lade Chair Office Green 1055 40 21015 Utili Billin Ct of Ever lade Chair, Ollice, Green 1056 408 21015 Utili Billin Chair Office Green 1057 408 21015 Utilit Billin Cil 01 Ever lade Chair Ollice Green 1058 408 21015 Utillt Billin Cj 01 Eve lades Chair Ollice Green 1059 408 210152 Utili Billin Chair Oflice Green 1000 408 210152 Utili Billm SCWWP Page 37 01 40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 41 of 52 Office Furniture 1000. 1099 ITEM DESCRIPTlON ITEM II COUNTY OTHER ASSET II END COST DEPT FROM SERIAL NUMBER TRANS TO DEP END eos ASSET 1/ em en Chair, office Gra 1061 40 21015 Utili BilUn P& Chair Omce BlackiTan "" 40 21015 Utili Bill]n EM Chair Office Red 1063 40 2101 Utili Billln e, olEver lade Chair, Side. Green "" 40 2101 Utili Billin P&REa Ie Lakes Chair, Side Green 1065 40' 21015 U~li Blllin P&REa Ie Lakes Chair. Side, Green 1066 40' 2101 Utili BUlin P&REa Ie Lake Chair. Slde,Green 1067 40' 210152 Utili Billin P&REa Ie Lake Chair Side,Gra 1068 40 21015 Utili Blllin Chair Side Gra 1069 40 21015 Utili Billln Chair Side Pink 1070 40 2101 Utili Blllin e" of Eve lade Chair, Side Pink 1071 40' 2101 Utili Blllln Clt of Ever lade Chair, Side Gra 1072 40 2101 Utili Blllln P&R Chair, Side. Gra 1073 40 21015 Utiill Blllin P'R Chair Office Black 1074 40' 2101 Utili Blllin WaterDis Chair Office,Black 1075 40' 2101 Utili Blllin EM Chair Office Black 1076 40 210152 Utili Billin P& Chair Office Slool, Green 1077 40 21015 Utili BiIIln P&R Chair Office Stool. Green 1078 40 210152 Ullli Blllin P&REa Ie Lakes Chair, Office Stool, Green 1079 40 21015 Ulill SilUn P&R C~f1iceGreen 1080 21015 Utili Blllln Ci 01 Evar lade , ice Green 1081 40' 2101 Utllit BUlin *.... .ice Green 1082 40' 210152 Utili Blllin Reuse Chall, uflice, Green 1083 40' 210152 Utili Billin Purchasin 001 121710 Chair, Office Green 1084 89199 40 210152 Utili Billin Cit 01 Ever lade Chair, Of lice, Pink 1085 89073 40 210152 Ulilit Billin Chair Dllice,Gra 1086 40 210152 Utilit Billin P& Chair Ollice, Black 1087 40 2101 Ulin 61ll1n EM Chair Omca,Black 1086 40 21015 Utili Blllln Wale CMir Office, Gra 1089 40 21015 Utili BiI!in P&R Chair. Olllce, Green t090 40 2101 Utili Blllin IsleolCa r1 Chair Olllce,Green 1091 40 210152 Utllit Billin P&R Bookcase. Metal 1092 40 210152 Utilit Blllin EnvironSvc 111 178980 Desk Steelcase 1093 910391 011 311712 ClCMIS CII 01 Eve lades Table. 18x60 1094 011 31111 Finance eit 01 Eve lades Table 5' Herman Millar 1095 011 31119 Finance Int'l Aud Ci 01 Ever lades Table, Staelcase Short t096 011 3111 Finance Inl'l Aud cn 01 Ever lade Desk,Steelcase t097 011 31171 MIS Cit 01 Eve lade Desk-Wooden 1098 P&R EnvironSvc Desk-Wooden 1086 981407 TC241 Tax COllector P&R Page 38 01 40 AttachmentA-1 Agenda Item No. 16E7 February 14, 2006 Page 42 of 52 Office Fumlture 1100. "" ITEM DESCRIPTION ITEM # C~~~TY OTHER ASSET # FNO COST DEPT FROM SERIAL NUMBER TRANS TO DEP FN COS AS ET# ClR C= Desk-Wooden 110<) Tax Collector P& Utili Cart-Wooden 1101 TC292 Tax Collector Desk-Wooden 1102 '" TC241 Tax Collector P& Desk-Wooden 1103 Tax Collector P&R Crederu:a-Wooden 1104 TC2411 TaxColleetor Small Wooden End Table 1105 TC2B2 TaxColleetor P& Table-Round 1106 910136 Health PrinerTable 1107 8531 Health OIflceChair Stool Gra 1106 TCD6S TaxColleclor Office Ghair Stool Gra '''' TC190 Tax Colleetor Chair Side Bur an 1110 TC2461 TaxColleetor Chair Side, Bu eo 1111 TC246 TaxColleetor Chair, Side,Pink 1112 Haalth Chair Side,Pink 1113 Health Chair Side Pink 1114 Health Chair Slde,Pink 1115 Health Chair Side Pink 1116 Health Chair Side Pink 1117 Health Chair, Side, Pink 1116 Health Chair Side Pink 1119 Health Chair, Side Pink 1120 Hea~h Chair Side Pink 1121 Health Chair Side Pink 1122 Health Chair Side, Pink 1123 Health Chair Side Pink 1124 Health Chair Side, Pink '125 Health Chair. Offiee, Pink 1126 Health Chair Side. Blue 1127 881111 Health Chair Side,Biue 112B B7l91 Health Chair, Side. Blue "" 871911 Health Chair Office Pink 1130 Health Chair Side Blue 1131 Health 1132 1133 1104 1135 1136 1137 1136 1139 1140 Page 390140 AttachmenlA.1 Agenda Item No. 16E7 February 14, 2006 Page 43 of 52 OfflceFumlture 1100- 1199 ITEM DESCRIPTION ITEM # COUNT{ OTHER ASSET # 'NO COST DEPT FROM SERIAL NUMBER TRANS TO DEP 'NO C6~ A'"''"'ET# em 1141 1142 1143 1144 1145 1146 1147 1146 1149 1150 1151 1152 ",3 "" 1155 - - Page 40 o! 40 Agenda Item No. 16E7 Attachment A-2 February 14, 2006 Page 44 of 52 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 APPROX. COST ASSET # VEHICLE DESCRIPTION VEHICLE 10 NUMBER I!!hE..! MILEAGE DEPARTMENT FUND CENTER VEHICLES 1- Ton Trucks & Above 930042 1993 International 2674 Tractor Truck 6X4 1 HSGLBBT6PH523762 64761569 217500 Road Maint. 101 163620 940004 1994 International 2674 16-yd. Dump Truck 1 HTGLBBTBRH563405 66143426 203000 Road Maint. 101 163620 940057 1994 IntI, 4700 Crew Cab Flat Bed Dump 1 HTSCABM6SH641988 67142899 129200 Road Maint. 101 163620 960111 1996 Ford F350 Reg Cab w/Ulility Body 2FDJF37H3TCA53591 70947272 65000 Parks & Rec. 111 156332 960125 1996 Freightliner FL60 Medic Master Amb. 1 FV3GFBC1TL784974 71572065 201700 Emergency Mgmt. 001 144210 970007 1996 International 2654 16-yd. Dump Truck 1 HTGHADT5VH4621 01 72133862 197200 Road Main!. 101 163620 970048 1997 Ford 8500 w/Je!vac Model #B-10 1 FDZW86E7WVA06036 73110441 Road Main!. 101 163620 970057 1997 Inll. 4700 Crew Cab Flat Bed Dump 1 HTSCABM6SH641988 67142899 130000 Road Main!. 101 163620 970058 1998 Inti. 4700 Crew Cab Flat Bed Dump 1HTSCABM9WH503383 73260748 151000 Road Maint. 101 163620 980044 1998 GMC 3500 Ext. Cab w/Utility Body 1 GTHC39J6W F033887 75233977 75000 Wastewater 408 233351 980047 199a Ford F450 Reg. Cab w/Utility Body 1 FDXF46S7XEA65059 75233984 88000 Water 408 253212 9B0050 1999 Ford F350 Reg. Cab w/Utility Body 1 FDWF36S8XEA65058 75234505 114000 Waler 408 253212 990031 (Leaking Trans.) 1999 Ford F450 Reg. Cab w/Utility Body 1 FDXF46FXXEC82026 76710387 128000 Water 408 253212 990037 1999 Ford F350 Reg. Cab w/Utility Body 1 FDWX36S5XEDQ5468 93000 Wastewaler 408 233351 990038 1999 Ford F350 Reg. Cab w/Utihty Body 1 FDWX36S3XED05470 76823510 82000 Wastewater 408 233351 990056 1999 Ford F350 Reg. Cab w/Utility Body 1 FDWX36S7XED05473 76823515 100000 Wastewater 408 233351 20020096 (Blown Engine) 2000 IntI. 4700 Crew Cab Flal Bed Dump 1 HTSCABL4YH309211 81340177 76600 Road Main!. 101 163624 3/4-Ton Trucks 960110 1996 Ford F250 Reg. Cab Pickup 4X2 1FTEF25YTTLB73533 70947274 71500 Water 408 253212 970038 1997 Ford F250 Reg. Cab Pickup 4X4 1 FTFF28W4VNC23780 72529512 85000 Road Maint. 101 163628 990009 1999 Ford F250 Reg. Cab Pickup 4X4 1 FTNF21 LOXEC72070 77000 Road Maint. 101 163628 990022 1999 Ford F250 Super Cab Pickup 4X2 1 FTRX27W3XBA83767 76709952 95200 Wastewater 408 233312 20000042 2000 Chevrolet C2500 Pickup 4X2 1 GCGC24RXYF461368 80364988 94000 Water 408 251211 Page 1 of 7 Agenda Item No. 16E7 Attachment A-2 February 14, 2006 Page 45 of 52 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 APPROX. COST ASSET # VEHICLE DESCRIPTION VEHICLE 10 NUMBER I!!J.tl MILEAGE DEPARTMENT FUND CENTER 1/2-Ton PlckuD Trucks 940032 1994 Ford F150 Pickup 4X2 1 FTEF15N4RNB17160 66792873 139100 Fleet Mgml. 521 122410 940034 1995 Ford F150 Pickup 4X2 1 FTEF15N8RNB17159 66792875 98300 Fleet Mgml. 521 122410 950028 1995 Chevrolet K1500 Pickup 4X4 1GCEK14Z4SZ199003 68847817 71000 Traffic Operations 101 163630 20000024 2000 Ford F150 Pickup 4X2 1 FTRF17W6YNA78190 80151558 85300 Parks & Rec. 001 156363 20010019 2001 Ford F150 Pickup 4X4 1 FTRF18WX1 NA65236 82321615 119800 Water 408 253212 ComDact PlckuD Trucks 950002 1995 Chevrolet 810 Ext. Cab Pickup 4X2 1 GCCS19Z8S8164308 68153456 75000 Fleet Management 521 122410 950003 1995 Chevrolet 810 Ext. Cab Pickup 4X2 1GCCS19Z9S8166519 68153455 77000 Fleet Management 521 122410 ~O031 1997 Ford Ranger Reg. Cab w/Utility Body 1 FTCR 1 OU7VUB64485 72529099 61300 Water 408 253212 ~044 1997 Ford Ranger Super Cab 4X4 1 FTCR15U3VPA78422 72787047 99300 Code Enforcement 111 138911 J0031 1998 Ford Ranger Super Cab 4X2 1FTYR14U1WTA29073 74689089 87000 Fleet Management 521 122410 980052 1998 Ford Ranger Reg. Cab w/Utilily Body 1FTYR10U5WUC01623 75496182 65800 Water 408 253212 990007 1999 Ford Ranger Reg. Cab w/Utiility Body 1 FTYR1 OV6XUA70678 76560992 103600 Water 406 253212 990006 1999 Ford Ranger Reg. Cab w/Utiility Body 1 FTYR1 OV8XUA70679 76560993 73700 Water 408 253212 990024 1999 Ford Ranger Super Cab 4X2 1 FTYR14V8XPA65023 76709950 80500 Solid Waste 470 172463 990026 1999 Ford Ranger Super Cab 4X2 1 FTYR14V7XPA64235 76709949 128000 Bldg. Review 113 138915 990044 1999 Ford Ranger Super Cab 4X4 1 FTZR15VOXPA65018 76823506 98200 Water 406 253212 990046 1999 Ford Ranger Super Cab 4X2 1 FTYR14V3XPA64233 76710817 97300 Bldg. Review 113 138915 990050 1999 Ford Ranger Super Cab 4X4 1FTZR15V3XPA65014 76710822 90600 Fleet Management 521 122410 20000005 (Blown Engine) 2000 Ford Ranger Super Cab 4X2 1 FTYR14V7YTA35357 80150120 86000 Bldg. Review 113 138915 20000006 2000 Ford Ranger Super Cab 4X2 1 FTYR14V9YTA35356 80150329 93000 Bldg. Review 113 138915 20010015 2001 Ford Ranger Super Cab 4X4 1 FTZR 15VXYT A35355 60115143 95000 Engineering Svcs. 131 138327 20010054 2001 Ford Ranger Super Cab 4X4 lFTYR15U31TA42026 62476099 97300 Parks & Rec. 001 156363 ~ 940022 1994 Ford Bronco 1 FMEU15N7RLA76679 66550531 84115 Flee! Management 521 122410 940052 1994 Jeep Cherokee 4X4 1J4FJ26SXRL225900 66964150 94500 Isles of Capri FD 144 144360 960008 1996 Jeep Cherokee 4X4 1J4FJ26S5TL149901 92600 Emergency Mgmt 001 144210 Page 2 of 7 Attachment A-2 Agenda Item No. 16E7 February 14, 2006 Page 46 of 52 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 APPROX. COST ASSET # VEHICLE DESCRIPTION VEHICLE 10 NUMBER TITLE # MILEAGE DEPARTMENT Ellli!! ~ SUVs (cant) 960053 1996 Jeep Cherokee 4X2 lFJ4FT28S2TL201687 70643235 66000 Bldg. Review 113 138915 960117 1996 Jeep Cherokee 4X2 lJ4FT2882TK265714 71254702 90200 Fleet Management 521 122410 970003 1996 Jeep Cherokee 4X4 lJ4FT28SXTL316814 71757440 90000 Fleet Management 521 122410 980019 1998 Ford Expedition 4X4 1 FMPU18l2WLA83692 74379708 180000 Isles of Capri FO 144 144360 Vans & Buses 970005 1997 Ford Aerostar Passenger Van 1 FMDA31 UOVZA74888 72133859 84300 Library 001 156100 970012 (Bad Engine) 1997 Ford E250 Cargo Van lFTFE2422VHA75178 72268251 62500 Facilities Mgmt. 001 122240 20000046 2000 Chevrolet Astro Van 8~Passenger lGNDM19W8Y8156975 80336627 118400 Health Oept. 001 155810 ~ 960057 1996 Chevrolet Corsica lG1LD55M2TY144836 70643816 66000 Emergency Mgmt. 001 144210 960101 1997 Chevrolet Corsica 1 G 1 LD55M7TY169733 70643815 35000 Fleet Management 521 122410 960103 1996 Chevrolet Corsica 1 Gl LD55M3TY201982 70643820 54900 Information Tech. 001 121143 960116 1996 Chevrolet Corsica 1 G 1 LD55M8TY143738 71103238 47000 Trans. Eng. 312 163615 980054 1998 Ford Escort 1 FAFP10PXWW294656 75615584 89100 Fleet Management 521 122410 20000019 1988 Plymouth Reliant K Station Wagon 1 P38P49K5JF191820 80167488 77300 Immok. Airport 495 192330 none 1988 Plymouth 4-0oor Sedan lP38P46D8JF243866 93457430 42000 tmmok. Airport 495 192330 EQUIPMENT Heavv Construction/Aaricultural 940090 1994 Ingersoll Rand S01000 Vib. Roller 950084 1995 Champion 710A Motor Grader 6X4 970111 1997 Caterpillar 03C Dozer 970115 1997 Ford 6640L2 Light Tractor 970116 1997 Ford 6640L2 Light Tractor 970118 1997 Ford 6640L2 Light Tractor 980088 1998 Thomas T243HD Skid Steer Loader 20020120 2002 Scat Trak 17500 Skid Steer Loader 30272SFO X025544 7XL00891 0659278 0658748 066288B LM000609 103850 Road Main!. Road Maint. Road Maint. Road Maint. Road Maint. Road Maint. Solid Waste Solid Wasta 101 163620 101 163620 101 163628 101 163620 101 163620 101 163620 470 173442 470 173441 Page 3 of 7 ASSET # Trailers 890158 920055 930063 950096 970133 20000108 20000120 LandscaDinQ 86623 -e.71505 '67 "'026 891220 910369 930199 950072 960082 960084 960087 960088 960092 970105 970109 970128 970907 980103 980105 990131 990151 990155 Attachment A-2 Agenda Item No. 16E7 February 14, 2006 Page 47 of 52 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 VEHICLE DESCRIPTION APPROX. VEHICLE 10 NUMBER I!!bE.1! MILEAGE DEPARTMENT COST FUND ~ 1988 Witzco Challenger 60-Ton Tractor Tlr. 'W9A11F32KS061059 Road Maint. 101 163620 1992 Express 4X6 Enclosed Utility Trailer 1 E9ES0619NC1 03388 82474028 Water 408 253212 1993 U-Dump taXa Dump Trailer 43Z0G21 BXROO01362 Parks & Ree. 001 156363 1995 Triple Crown Trailer 700021070950764 Parks & Ree. 111 156332 1990 Tims Trailer 16.ft. Dual Axle Trailer lT9RA2123LP235014 49974260 Road Maint. 101 163628 1999 Express 24-ft. Enclosed Trailer 1E9ES2424XC103324 79976592 Water 408 253212 2000 Pace American 20' Enclosed Trailer 4FPAB2022YG047433 80840297 Parks & Ree. 001 156363 1986 Saul CH420 Push Mower 13-68606 Road Maint. 101 163620 1987 Olathe Model 54 Riding Thatcher 540589/0R532127 Parks & Rec. 111 156332 1988 John Deere Box Blade Leveler M004AX100042 Parks & Rec. 111 156332 1988 MTD Model J167C Vacuum/Blower 248685000J167C Parks & Rec. 111 156332 1989 Six Oxen IC400 4-Disk Harrow 2083 Parks & Rec. 111 156332 Dirt Dog Pulverizer Parks & Rec. 111 156332 1992 Aer-Way 6-ft. Aerifier LL1 ON Parks & Rec. 111 156332 1995 Jacobsen T422D 72' Riding Mower 6613206907 Parks & Rec. 111 156332 1996 Jacobsen T423D 72' Riding Mower 6613601850 Parks & Rec. 111 156332 1996 Jacobsen T423D 72' Riding Mower 6613601844 Parks & Rec. 111 156332 1996 Jacobsen T423D 60' Riding Mower 6613601822 Parks & Rec. 111 156332 1996 Jacobsen T423D 60" Riding Mower 6613601825 Parks & Rec. 111 156332 1996 Jacobsen T423D 60" Riding Mower 661361880 Parks & Rec. 111 156332 1997 Bandit Model 1690 Brush Chipper 000613 72951920 Road Maint. '01 163620 1997 McLane Front"Throw Reel Mower 336829 Parks & Rec. 111 156332 1997 Sitrex 7-ft. Sickle Bar Mower Attach. 6792 Road Maint. 101 163628 1997 Jacobsen 1684D Reel Mower 6700403269 Parks & Rec. 111 156332 1998 John Deere F725 Riding Mower MOF725X081 028 Parks & Rec. 001 156363 1998 John Deere F620 ZTRAK Mower TCF620XQ10978 Parks & Rec. 001 156363 1998 Gravely Promaster Riding Mower Road Maint. 101 163620 1999 John Deere F725 48" Riding Mower TCF725X090552 Parks & Rec. 111 156332 1999 National Model 70 Reel Mower N1561 Parks & Rec. 111 156332 Page 4 of 7 Attachment A.2 Agenda Item No. 16El February 14, 2006 Page 48 of 52 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 APPROX. COST ASSET # VEHICLE DESCRIPTION VEHICLE 10 NUMBER I!!W MILEAGE DEPARTMENT FUND CENTER LandscaDlna 'cont.) 20000123 1996 Gravely Pro Chip 944 Brush Chipper 000139 81085585 Road Maint. 101 163628 20000129 2000 Roxy Turf 3.Gang Towed Reel Mower 143006/143007/143008 Parks & Rec. 111 156332 20010103 2000 Hardy 300-gal. Sprayer trailer mounted 8367 Parks & Rec. 111 156332 20020115 2002 Woods F21 DWT 72-in. Riding Mower 792294 Road Main!. 101 163620 20020116 2002 Woods F21 DWT 72-in. Riding Mower 792229 Road Maint. 101 163620 20020140 2002 Toro Model 74214 Riding Mower 220000403 Parks & Rec. 111 156332 20020143 2002 Excel Hustler Super Z Riding Mower 2022165 Parks & Rec. 111 156334 20020144 2002 Excel Hustler Super Z Riding Mower 2042246 Parks & Rec. 111 156334 20020152 2002 Dixie Chopper XT.3000 Riding Mower 3039677 Parks & Rec. 111 156332 20020153 2002 Dixie Chopper XT.3000 Riding Mower 3039532 Parks & Rec. 111 156332 Fleet 92F34 1991 McLane Push Edger 79419 Parks & Rec. 111 156334 Fleet 92F38 1991 McLane Push Edger 79417 Parks & Rec. 111 156334 Fleet 94F29 1990 Homelite HT17 Hedge Trimmer HL 1691022 Parks & Rec. 111 156334 Fleet 94F81 1994 Echo SRM2501 Weed Trimmer 123403 Parks & Rec. 111 156334 Fleet 94F106 1994 Sarlo 24-in. Push Lawn Mower 194203 Road Maint. 101 163620 Fleet 94F107 1994 Sarlo 24-in. Push Lawn Mower 194206 Road Maint. 101 163620 Fleet 94F1 08 1994 Sarlo 24-in. Push Lawn Mower 194020 Road Maint. 101 163620 Fleet 94F130 1994 Agrex Fertilize PTO Spreader OXXXl250 Parks & Rec. 111 156332 Fleet 95F33 1993 John Deere 21SX Hedge Trimmer 10957 Parks & Rec. 111 156332 Fleet 95F170 1995 John Deere 14SZ 21" Push Mower GX14SZB056043 Parks & Rec. 111 156334 Fleet 95F182 1995 Stihl FS76R Weed Trimmer 29042313 Parks & Rec. 111 156332 Fleet 95F183 1995 Stihl FS76R Weed Trimmer 29042390 Parks & Rec. 111 156332 Fleet 95F190 1994 Slihl Model 026 Chain Saw 26 Parks & Rec. 111 156334 Fleet 95F194 1995 Slihl FS76R Weed Trimmer NS29064867 Parks & Rec. 111 156332 Fleet 97F339 1997 Stihl FS-85 Weed Trimmer 35591065 Parks & Rec. 111 156334 Fleet 97F340 1997 Stihl BR400 Back Pack Blower 35409554 Parks & Rec. 111 156334 Fleet 00F014 2000 John Deere JS63 Push Lawn Mower GXJS63X041710 Parks & Rec. 111 156332 Fleet 01 F003 1999 Stihl HS-80 Blower Parks & Rec. 111 156332 Fleet 02F050 2002 Sario Push Mower 110879 Road Maint. 101 163624 Fleet 02F099 2002 McLane 9240 Push Edger 553239 Parks & Rec. 001 156363 Fleet 03F012 2002 Stlhl BR420 Backpack Blower 56021760 Road Maint. 101 163620 Fleet 03F028 2003 John Deere Fertilize Spreader 16060 Parks & Rec. 111 156332 Page 5 of 7 ASSET # LandsC8Dina Icont.) Fleet 03F030 Fleet 03F032 Fleet 04F046 none none Miscellaneous 5172 81559 ,...,Q.,'3619 1378 1379 671380 881120 891132 891524 891844 900083 910077 920053 920546 920851 960060 960077 970092 970600 970916 980090 980237 980792 980794 Attachment A.2 Agenda Item No. 16E7 February 14, 2006 Page 49 of 52 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 VEHICLE DESCRIPTION 2003 John Deere Fertilize Spreader 2003 5tihl M51 80-14 Chainsaw 2004 McLane MC2G7P Push Edger Back Pack Blower Stick Edger 1977 Dixie D3C Towed Concrete Mixer 1981 Etnyre Curb Paver Mud Pump 1967 Whacker VPR1330 Plate Compactor 1987 Whacker VPR1330 Plate Compactor 1987 Stone Concrete Mixer 1988 Pioneer 1500 Paint Sprayer/Marker 1989 Whacker VPR1330 Plate Compactor 1989 Club Car Gas-Powered Golf Cart 1989 Pioneer 1500 Paint Sprayer/Marker 1990 Whacker 3-in. Mud Hog Pump 1990 Stihl Concrete Saw 1992 Whacker VPR1330 Plate Compactor 1992 Pioneer 1500 Paint Sprayer/Marker 1992 Norton C116 Walk-Behind Target Saw 1995 Stone Model 855QM Concrete Mixer 1996 Honda Voltmaster Portable Generator 1997 Haulmasler Utility Cart 1997 Slihl TS350 Target Saw 1997 Bartell B18216 Plate Compactor 1998 EZ GO Electric Gall Cart 1998 Ameritek H-1130 Pressure Washer 1998 Smithco 855 Paint Sprayer/Marker Haulmaster Utility Cart APPROX. VEHICLE 10 NUMBER !!IhE..! MilEAGE DEPARTMENT COST f!!!jQ illill 18062 260337802 580826 243892720 240843065 Parks & Rec. 111 156332 Parks & Rec. 111 156332 Road Mainl. 101 163620 Parks & Rec. 111 156334 Parks & Rec. 111 156334 Road Maint. 101 163620 Road Main!. 101 163620 Road Main!. 101 163620 Road Maint. 101 163620 Road Maint. 101 163620 Road Maint. 101 163620 Parks & Rec. 111 156332 Road Main!. 101 163620 Parks & Rec. 111 156332 Parks & Ree. 111 156332 Water 408 253212 Road Maint. 101 163620 Road Maint. 101 163620 Parks & Rec. 111 156332 Road Maint. 101 163620 Road Maint. 101 163620 Road Maint. 111 163647 Parks & Rae. 111 156332 Road Main!. 101 163620 Road Maint. 101 163620 Parks & Rec. 001 156363 Road Maint. 101 163620 Parks & Rac. 111 156332 Parks & Ree. 111 156332 177062 P1732 545301108 545301110 880281 SH581901144 AG9007199357 890547 621601406 120721277 651201056 920003 M745340301 3451291 3506 Q200718 133745408 36582 A55815 98010740 Page 6 of 7 Attachment A-2 FLEET MANAGEMENT DEPARTMENT VEHICLE & EQUIPMENT AUCTION LIST March 11, 2006 ASSET # VEHICLE DESCRIPTION Miscellaneous Icont.1 990122 1999 EZ GO Workhorse Utility Cart 990158 1999 EZ GO Workhorse Utility Cart 20000134 2000 Honda 3000 psi Pressure Washer 20000230 (attch to990131) 2000 Sweepsler broom sweeper aUch. 20010117 2001 Stone ModeJ 855 Concrete Mixer 20030108 2002 Stone Model 855PM Concrete Mixer Fleet 02F024 Vanguard 1S-hp Hydraulic Power Unit Fleet 02F034 Wacker Plate Compactor Fleet 03F021 2003 Porter-Cable DS1525 Generator Fleet 03FOn 2003 Dewalt 055151 Air Compressor none Hydraulic Concrete Saw none LBE Equip, 5.5-hp Hydrauiic Auger Unit APPROX. VEHICLE ID NUMBER !!IhS..! MILEAGE DEPARTMENT 1168351 1171253 3C05-3229376 Parks & Rec. Parks & Rec. Road Main!. Road Main!. Road Main1. Road Maint. Road Main!. Road Main!. Road Main!. Parks & Rec. Road Maint. Road Maint. 3900021 392002067 109560 1579613 2212023986 29273 10175 5-27303 Page 7of7 Agenda Item No. 16E7 February 14, 2006 Page 50 of 52 COST FUND CENTER 111 156332 111 156332 101 163620 101 163620 101 163620 101 163620 101 163624 101 163624 101 163620 111 156332 101 163624 101 163624 Agenda Item No. 16E7 February 14, 2006 Page 51 of 52 Attachment B Collier County Helicopter Operations To: Finance & Purchasing From: P. Terry Henderson, Chief Pilot Date: October 4, 2005 RE: Disposition of equipment We have, at Helicopter Operations, an instrument called a Turbine Temperature Indicating System tester. This was made for a helicopter that we no longer have. There is no other BCC department that can utilize this piece of equipment; however the Collier County Sheriff's Aviation Unit could utilize it for their helicopters. This piece of equipment was purchased in 1991 and has little value at this time. We would like to transfer this equipment to the Sheriff's Aviation Unit. If you should have any questions please call me at 643-5506 Attachment C Agenda Item No. 16E7 February 14. 2006 Page 52 of 52 REPORT OF ACQUISITION OF COLLIER COUNTY PROPERTY $1000.00 Minimum Cost or Requiring Fleet Maintenance To: o Fleet Management [8J Purchasing Department [8J Finance Department Check which one(s) apply: o Transferred 0 Add to Fleet Maint. [8J Disposition 0 Remove from Fleet Maint. o Acquisition 0 Correction Date: 10/4/05 From: P. Terry Henderson Dept: Helicopter Operations Fund: 001 Cost Center: 144510 IDENTIFICATION DATA County Asset # 00910367 . Mfg. IDISerial Number: 1550A Purchase Order # 00101286 Purchase Price: $1380.00 V cudor: Barfield Make: Barfield Model: Turbine Temperature Indicating System Test Equipment Year: Engine Size: Fuel: Trans: Front Tire Size: Rear Tire Size: Description: I F" Fl," Mg:L u" Only EQC Code Auxiliary · For all NEW Vehicles, Off-Road Equipmennt, Trailers, Small Engine Equipment and Machinery, Fleet Management ~ obtain a Connty Asset Number. Cnstodian's Signature Title DISPOSITlONffRANSFER INFORMATION ALSO REQUIRED BY FINANCE DEPARTMENT o Junked o For Next Surplus Auction Date of Sale: Amount Realized $ LJ Other o Transferred To Dept: __ Fund Cost Center Signature of New Custodian: Agenda Item No. 16F1 February 14, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommend Approval of Change Order # 1 for Contract # 03-3537 with Paradise Advertising and Marketing, Inc. for media advertising and production in the amount of $ 148,384.19 and authorizing the County Manager or his designee to execute Change Order # 1 after approval by the County Attorney's Office OBJECTIVE: Approval of a Change Order to pay the balance of outstanding invoices for FY 05 in the amount of $148,384.19 with Paradise Advertising for paid advertising and production placed and produced for Collier County in accordance with Contract # 03-3537. .-- CONSIDERATIONS: A three year contract with Paradise Advertising and Marketing, Inc. was approved by the BCC as the advertising agency of record on 10/28/03 after a competitive bidding process for promoting Collier County as a tourism destination on 10/28/03. That contract specifies a monthly service fee of $10,000 ($120,000 per year) to cover agency overhead costs related 10 the research, placement, verification, and payment of paid media and marketing production up to $700,000 in media and production at net cost. The contract specifies that media and production costs above $700,000 are permissible with prior written County approval and will be billed at a gross cost, reflecting a contractor commission of 15% to cover agency overhead costs for those additional expenditures. Contract # 03-3537 with Paradise Advertising was renewed on 12112/04 for FY 05 under the same terms and conditions. The marketing budget for FY 05 as approved by the BCC in the Tourism Department Budget was $1, I 00,000, so there was prior notification that there would be media and production costs above $700,000 as part of that FY 05 contract. A total of $148,384.19 was actually expended in FY 05 above $700,000 for these media and production services and were pre-approved by the Tourism Director on an official Estimate form. The Tourism Director was under the mistaken impression that those approved written Estimate forms for the expenses over $700,000 were the correct procedure in obtaining prior written approval in accordance with the contract provisions. Subsequently, County staff learned from the Clerk of the Courts that a Change Order approved by the BCC was also required in order to authorize these expenses. Contract # 03-3537 was amended on April 26, 2005 to add additional services to include the development of a strategic public relations program for the Collier County Museums and Naples Depot in the amount of $20,200. - Agenda Item No. 16F 1 February 14, 2006 Page 2 of 8 The contract with Paradise Advertising was renewed and further amended by the BCC on September 27, 2005 for FY 06, the third and final renewal, reflecting the approval by the BCC of the fourth cent of Tourist Tax to be used exclusively for marketing and advertising. The marketing budget approved by the BCC for FY 06 is a net cost of $2,000,000 and a monthly service fee to Paradise Advertising and Marketing, lnc. of $25,000 ($300,000 per ycar) covering the agency overhead costs related to the research, placement, verification and payment of media and marketing production is reflected in that contract. Any additional media or production expenses in FY 06 above $2,000,000 will be pre-approved by the BCC through a Change Order in accordance with the provisions of that contract. The Clerk of the Courts has conducted a thorough audit of the expenditures and has verified per Attachment "A" that the amount expended over $700,000 is $148,384.19 for media and production. Change Order # ] is over the 10% threshold and requires Board approval as stated in Collier County's Purchasing Policy. This will enable the Clerk of the Courts to pay the FY05 media and production invoices over the $700,000 against contract # 03-3537. These expenses were approved by written estimate by the Tourism Director at a gross cost reflecting a ] 5% contractor commission as stipulated in the contract. ADVISORY COMMITTEE RECOMMENDATIONS: The Tourism Development Council recommended the Tourism Department Budget for FY 05 in the amount of$I,100,000 in July of 2004 as part of the regular County Budget process, so there was prior knowledge and recommendation that there would be expenses for media and production above $700,000. COUNTY ATTORNEY FINDING: The County Attorney's Office supports the need for Change Order # ] to properly authorize payment of the marketing costs above $700,000 in the Paradise Advertising contract # 03-3537. . FISCAL IMP ACT: Sufficient funds to pay for the additional advertising and production expenses in the amount of$148,384.19 are available in the approved FY 06 Tourism Department Budget in Fund 184. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approve Change Order # 1 to Contract # 03-3537 with Paradise Advertising and Marketing, Inc. in the amount of$] 48,384.19 to cover media and production costs for FY 05 in addition to $700,000 as required by the Clerk of the Courts and as stipulated in Contract # 03-3537 requiring prior written County approval, and authorizing the County Manager or his designee to execute Change Order # I after approval by the County Attorney's Office. PREPARED BY: Jack Wert, Tourism Director Item Numbar. Item Summary: Meeting Date: Agenda Item No. 16F1 F(1bruar~ 14, 2006 Page3of8 COLLIER COUNTY ac..A"i~' Q!' COUNTY C,MMISSIOflH'.S 1<;1'1 Re~ommend APPrfN6I1 01 Ch!\nge Order # 1 lor C(lntrl\~t # 03"3537 wrth P:nf1ldise Advel1ising and Marketing, In~. for mudla aO~'6rtilling and production in Ihe amounl 01 $ 14B.364.19 and lIuthorkZinlllhe C!)Urlt~ Managl'ff or his Ollsi9noae 10 eXeClJle Change Order# 1 al'ler approval bylheCountyMorni!ly.Oflrce 2!l<lf20069:00:00AM T<:>llrisn,Oilector ".. Approv~d By J"",kWi!rt CounlyManllt"r'sOlflctl TOllri~m 1111121l0e 4:50 PN! PllrcnuinlliGe....Tl.l5ve~0i"'cl..r "'. Approved By 9t<IV~Cam&1I Admlni5t~i""s..rvlI:e5 PurchU;Il\l 211!20069:32AM Approved By LynW..od Pun:ha5;ngAlIenl ".. Admlnj,:tm1iveS..rvices Purc/lasing 211!20069:42A.M Appro~ed By Admini~trntlwA6"istanl D.. OMS Coordinator County Mallall",r'$ OffiJ;il QffiLeol MIIlIg"m""t& Blldgel. 2J31:Z000i":54AM Mar1<luck$"fl f1udgetll.llaiY$1 Dal" Approved 8y Co"nlyMllIIJtIlr'sO!flc" ()fflceol Milnagl>t11"nI & BOCllltt 2J31:Z00&11l:31 AM Approved By L""E.Od15,Jr, aoardofC"..mty C.."nmi,.skm<.>rs. Dep"t~ CourrlyM...nlger ,.. CuuntyM"""lle,'"ONjclI 2J3iMOG10,S4AM Agenda Item No. 16F1 February 14, 2006 Page 4 of B Paradise Marketing & Advertising FY2005, PO 45.00037399 & 45-00054127 rollover Paradise Mar1letlng & Advertising Reconcllation of Gron over 700,000 Invoices Covered by the 200,000 Additional Funding FY2005 Paid at Net Unpaid Invoice Invoice Invoice invoice Invoices Invoices To Be Paid Invoices D.le Number Amount Date Number PClld C1t Net Paid at Gross At Gross At Gross 105,766.64 7/18/05 2075 10,175.03 1,526.25 7/5/05 2029 3,990,75 40,095.62 8/24/05 2222 525,00 6/24/05 1978 120.00 2,521.93 8/2/05 2157 673,69 71710S 2047 120.00 6/5/05 2150 8,823.75 7/14/05 2072 2,500.00 148,384.19 Change Order Amount 8/20/OS 2185 1,794.00 7/18/OS 2078 1,733.74 815/05 2156 1.680.00 7/28/05 2140 95,22 7/18/05 2076 400.35 60.05 7/29/05 2137 450.00 8/20105 2186 834.00 7129/05 2138 450.00 7129/05 2147 35,000.00 6/5/05 2153 58.83 8/5105 2151 3,473.03 520,95 7/19/05 2099 13,006,19 7/29/05 2126 525.01 78.75 7/11/OS 2018 7,000.00 8/24105 2230 550.00 7/29/05 2139 150,00 8/5/05 2165 141.18 8/24/05 2222 525.00 8/20/05 2182 1.850,00 8/2/05 2157 673.69 8/30/05 2249 400.35 8/5/05 2150 8,823.75 7129/OS 2134 2,802.25 8/20/05 2185 1,794.00 9/6/05 2261 1.668.16 815105 2158 1,680.00 5/2/05 1720 250,00 7/18105 2076 400,35 5/25/05 1821 175.00 8/20/05 2186 834.00 9/8/05 2266 897.00 7/29/05 2147 35,000.00 8/31/05 2252 3,360,00 8/5/05 2151 3,473.03 9/7/05 2262 213.84 32,08 7/29/05 2126 525.01 9/610S 2257 2,025.66 303.85 8/24/05 2230 550.00 9114/05 2286 250.00 8/5/05 2165 141,18 9/14105 2290 350,00 8/20/05 2182 1,850.00 9/14/05 2291 350.00 8130/05 2249 400.35 9/14/05 2274 6,929.64 7129/05 2134 2,802.25 10/10/05 2380 525.00 9/6/05 2261 1.668.16 10/3/05 2366 989.50 5/2/05 1720 250.00 10/4/05 2366 1,063.44 5/25/05 1821 175.00 9/23/05 2340 34,392.68 9/14/05 2286 350,00 8/24/05 2229 700.00 9/14/05 2290 250.00 9/19/05 2296 1,450,00 9/14/05 2291 500.00 9/20/05 2311 450,00 9/8/05 2266 897.00 9120/05 2307 525.00 8/31/05 2252 3,360.00 9/7/05 2262 213.84 TOTAL 16,863.93 69,253.01 2,621.93 40,095.62 Agenda Item No. 16F1 February 14, 2006 Page SofB 9/6/05 2257 2,025.66 9/14/05 2274 6,929.64 TOTAL 105,766.64 Balances 10 SAP Unpaid Invoices FY2005 PO 45-00054217 10110/05 2380 525.00 45.54127 10/3105 2366 989.50 45-54127 10/4/05 236B 1,063.44 45-54127 9123/05 2340 34,392.68 45-54127 Gross B/24/05 2229 70000 45-54127 9/19/05 2298 1,450.00 45-54127 Gross 9;20/05 2311 450.00 45-54127 9120105 2307 525.00 45-54127 Gross. 40,096.62 r-'-.'-------'-'----""------.-.-------------.--- Date: 1/30/06 Agenda Item No. 16F1 r ebFtlary14;2006----." Page 6 of 8 'I E-Mailed To Bonnie: Project Name: Tourism Development Conncil Marketing Services Project Nnmber: BIDIRFP #: 03-3537 .Jo IJ cc- ;l/ 1'1/ bt ~)Lor' P tJr-- ~~ Mod#: 3 Poo: Work Order Number: Contractor/Consultant: Paradise Advertising & Marketing, Inc. Original Contract Amount: $ 820,000.00 (Starting Point) $ 3,140,200.00 (Last Total Amount Approved by the BCC) Current BCC Approved Amount: Current Contract Amount: $ 3,140,200.00 (Including All Changes Prior To This Modification) Change Amount: $ 148,384.19______ Revised Contract/Work Order Amount: $ 3,288,584.19 (tncluding This Change Order) Cumulative Dollar Value of Changes to thi, Contract/Work Order: L-2,468,.584.19 _______ Percentage Of The Change Over/Under elUTeDt Contract Amount: _4.73 % Overview of change: To authorize payment of 1 S% commission for media or production billing in excess of$700,OOO annually for fiscal year 2005. Contract Specialist: ~)'Yl W~ Date: 1- ?!-fXp Scanned Date: , r 31.( oc, Data Entry Infonnation: Type of Change: Contract Project Manager: Jack Wert Department: Tourism Change Category Type, Circle One Below: 1. Planned or Elective - 2. Unforeseen Conditions 3. Ouaotltv Adlo_oDII 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Scanned copies afthe back up documentation may be located on thE Purchasing G drive: G:/Currenr-changes to ContraCts Revised 7/ll/05 ~,~...";;;"-"""';"';""';-.-.,.:," CHANGE ORDER Agenda Item No. 16F1 February 14, 2006 Page 7 of 8 CHANGE ORDER NO. 1 CONTRACT NO._03-3537 BCC Date: Agenda Item: TO: Paradise Advertisino & Marketino. Inc. 150 Second Avenue North # 880 St. Petersbura. FL 33701 DATE: Januarv 25, 2006 PROJECT NAME: Tourism Develooment Council Marketina Services PROJECT NO.: N/A Under our AGREEMENT dated October 28. 2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Additional expenditures for advertising and production above the $700.000 as provided for in the contract. FOR THE (Additive) (Deductive) Sum of: One Hundred Forty Eight Thousand Three Hundred Eighty Four Dollars and 19 Cents ($148.384.19). Present Agreement Amount $ $ $ $ 820,000,00 2.320.200.00 148.384.19 3.288.584.19 Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above. as fully as if the same were repeated in this acceptance. The adjustment. if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein. including claims for impact and delay costs. Accepted: January 25. 2006 CONTRACTOR: Paradise Advertising & Marketing. Inc. OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: c~ );~ Cedar Hames. President By: Jack Wert. Tourism Director Revised 2/24/2005 AQenda Item No 1 of 1 February 14, 2006 Page 8 of 8 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Tourism DeveloDment Council Marketino Services PROJECT #: BIDlRFP #: 03.3537 MOO #: 3 PO#: WORK ORDER #: DEPARTMENT: _Tourism I Original Contract Amount: $ 820,000 (Starting Point) Current BCC Approved Amount: $_3,140,200.00 (Last Total Amount Approved by (he Bee) . Current Contract Amonnt: L3,140,200.00 (Including All Changes Prior To This Modification) , Change Amount: $_148,384.19 i I' Revised ContractlWork Order Amount: $ 3,288,584.19 (Including This Olangc Order) I Cumulative DoUar Value of Changes to this Contract/Work Order: $_2,468,S8~.19 _-::- Date of Last Bee Approval_9/27/05 Agenda Item # _16F1_ Percentage of the change over/under current contract amount_ 4.73 % SUMMARY OF PROPOSED CHANGE (S): The agreement with Paradise states: "Media or production billing over seven hundred thousand dollars and 00/100 cents ($700,000) annually will have prior written county approval and will be billed at gross, reflecting a contractor commission of 15%". Staff interpretation was incorrect, and Prior written approvallWtually meant County Commission approval rather than staff approval. We are now asking for that approval. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The addiUonal advertising funds over $700,000 enables the Tourism Department to meet its goals and objectives of visitation to Collier County and to complete the planned advertising program for the fiscal year. PARTIES CONTACTED REGARDING THE CHANGE: Steve Carnell//Lynn Wood/Clerk of the Courts IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change Is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. APPROVE BY;:. j;;:~~ ... Date: I/.?/;;r Pro) Mana er, ' , / REVIEWED BY: .~-0 / ').. Y; /'"" Date: ';3//ok, Con r' Specialist I . I Agenda Item No. 16F2 February 14, 2006 Page 1 of6 EXECUTIVE SUMMARY Recommend Approval of Second Amendment to the Tourism Agreement For Emergency/Disaster Relief Advertising Plan with Paradise Advertising and Marketing, Inc. OBJECTIVE: Amend the Paradise Advertising and Marketing, Inc. Tourism Agreement for Emergency/Disaster Relief Advertising to compensate the agency for their time in creating the emergency plan, research and place the media, create and produce the advertising, verify placement and pay for the media placed. CONSIDERATIONS: The BCC approved a Tourism Agreement with Paradise Advertising and Marketing, Inc. for an Emergency/Disaster Advertising Plan on May 25, 2004 for $300,000 and approved an amendment to that agreement on May 10, 2005 to add additional funds for Summer 2005 Emergency advertising to overcome the negative perception of the four hurricanes in 2004, for a total available for Emergency Advertising of$750,000. -- The 2004 Emergency Advertising agreement did not provide for any compensation above the net cost of the required work, due to an oversight and misunderstanding on the part of County staff and Paradise Advertising and Marketing, Inc. The industry standard for compensating an advertising agency is a commission of 15% on media placed, or to pay the agency a monthly service fee equal to what would be nonnally earned in commissions. The 2005 Amendment to the 2004 Emergency Advertising Agreement with Paradise Advertising also did not provide for compensation for the agency above their net cost due to a staff oversight. The separate Marketing Services agreement between Collier County and Paradise Advertising provides a monthly service fee to cover the agency's overhead costs to research, place, verify and pay for media up to $700,000 and gross billing of any amounts over $700,000. Unfortunately, the Emergency Advertising agreement and First Amendment to that agreement did not contain such a compensation provision. Staff would like to request approval of Amendment # 2 to the agreement for Emergency/Disaster Relief Advertising with Paradise Advertising and Marketing, Inc. to include a provision for Paradise Advertising to charge a commission of 13% on all future Emergency/Disaster Recovery media and production. The amendment language has been drafted by the County Attorney's office as follows: Section2-:PA YMENT.AlI provisions in the First Amendment stay the same except paragraph 4: Paradise shall be paid for all media and production expenditures under this Agreement at gross cost, reflecting a commission of 13% up to a maximum of $750,000. Out-of-pocket costs, creative concept, copy, art direction, layout, mechanical art services and production time to produce collateral, online media, interactive media, broadcast or print advertisements for -- scheduled media are to be billed at cost and staff time will be billed at the following hourly rates. Agenda Item No. 16F2 February 14, 2006 Page 2 of 6 Creative Director Copywriter Designer Art Director Mechanical Artist $125 per hour $] 00 per hour $100 per hour $75 per hour $75 per hour All costs for EmergencylDisaster Recovery Advertising will be estimated on an Estimate Form and submitted to the Tourism Director for prior written approval before expenses are incurred. ADVISORY COMMITTEE RECOMMENDA nONS: The Tourist Development Council reviewed the second amendment to the Emergency/Disaster Relief Advertising agreement at their January 23, 2006 meeting and recommended an amendment to the contract (5-]). COUNTY ATTORNEY FINDING: Amendment # 2 to the Paradise Advertising & Marketing, Inc. agreement for Emergency/Disaster Relief Advertising has been prepared by the County Attorney's Office and approved as to form and legal sufficiency. FISCAL IMPACT: Sufficient budget exists in the Disaster Recovery Advertising Fund 196 to cover the effect of this amendment. GROWTH MANAGEMENT IMPACT: There is no impact to the Gro\\<th Management Plan related to this action. RECOMMENDATION: Recommend approval ofa Second Amendment to the Paradise Advertising & Marketing, Inc. agreement for Emergency/Disaster Advertising Plan to include compensation for the agency's services at 13% for media and production for the balance of expenditures on the contract up to $249,343.36. PREPARED BY: Jack Wert, Tourism Director Agf.lndaltem rio, 16f2 February 14, 2006 P",ge3of6 COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS Item Number: ltemSummery: 16F2 Recpmmend Approval pf Sectlnd Amendment to Ull! Tourism Agreement ftlr i'Omerg"ncylDisasH" Relief Advertising Plan with Peredise Adyerti6ing and Markeling. ine Meeting Date: 2'14.'2006900:00AM Appro~ed By JacllWal1 TOl.lri.GmDlooetor "'. County MlIllage(", Offi"" Tourism 11111200i4,51 PM App,"ovdBy lYllWood Pllrcha",illllAgill'lt "".. AdmlnilrtralinS"rviees Purchasing 21Z12110G3;37F'M Approved By S_Caimell PllrellulnlliGeneralSvcsDirector - Administrtl1iVf!ServlcClS Purcl1ilslng 2i2lUl064:4CPM Approved By COllllty Mallilg"(" Olfi"e OIficl!cfManag"m"nt&Budget 0.. 21m0051l:02AM OMS Coordinator Admin;,,;tretiveAuilltllnt Approved By Marilluek.!lon a\ldg'dAnalyst Offi""<l1Monoll'enlilllt&S"d\lm - CO!lnty Manellar's OHice U3121l11t11:12PM AppJ<o~ed By L....E<Ochs,Jr, Boaro01 CCl,lmy Commissio""rll OeputyCo!lntyJlr1anall'"r D"t" C""ntyMana{l..r',;Offi~ 2iJI211ll612:54PM Agenda Item No. 16F2 February 14, 2006 Page 4 of 6 SECOND AMENDMENT TO 200412005 TOURISM AGREEMENT REGARDING EMERGENCYIDISASTER RELIEF ADVERTISING PLAN This Second Amendment to 2004/2005 Tourism Agreement, made this _ day of , 2006, (hereinafter referred to as "Second Amendment") is entered into by and between Collier County. a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), and Paradise Advertising, [oc., a Florida corporation (hereinafter referred to as '.p ARADISE.'). W ITNES S ET H: WHEREAS, the COUNTY and PARADISE entered intn a 2004/2005 Tourism Agreement dated May 25. 2004 (the "Agreement") for an Emergency Disaster Relief Plan up to $300,000; and WHEREAS, the COUNTY and PARADISE entered into a First Amendment to the 200412005 Agreement dated May 10,2005; and WHEREAS, the COUNTY would like to amend the Agreement for EmergencyiDisaster Relief Advertising to include a provision for PARADISE to charge a commission on media and production expenses. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows; 1. Section 1 of said First Amendment is hereby deleted in its entirety and the following paragraph is inserted in its place: SCOPE OF WORK. After issuance of a letter or notice to proceed in full or in part, PARADISE shall develop, produce and launch the disaster relief marketing plan and emergency sununer advertising campaign as directed by the Tourism Director or County Manager. 2. Section 2 of said First Amendment remains the same with the exception of paragraphs 2 and 4. The amended paragraphs 2 and 4 are included herein. FA YMENT. The maximum amount to be paid under this Agreement shall be Seven Hundred Fifty Thousand Dollars ($750.000). PARADISE shall be paid in accordance with fiscal procedures of the COUNTY for the expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that the goods have been received. PARADISE shall determine that the goods and services have been properly provided, and shall suhmit invoices to the Tourism Director or his designee. The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "Aft shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. The media expenses outlined in Exhibit "A" may be subject to change based on the market value of media expenses. Each invoice submitted by PARADISE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. PARADISE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay PARADISE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. PARADISE shall be paid for all future media and production expenditures under this Agreement at gross cost, reflecting a commission of 13% up to a maximum of $750,000. Out-of-pocket costs, creative concept, copy, art direction, layout, mechanical art services Agenda Item No. 16F2 February 14, 2006 Page 5 of6 and production time to produce collateral, online media, interactive media, broadcast or print advertisements for scheduled media are to be billed at cosl and staff time will be billed at the following hourly rates. These costs will be estimated on an Estimate Form and submitted to the Tourism Director for prior written approval before expenses are incurred. Creative Director $125 per hour Copywriter $tOO per hour Desi gner $100 per hour Art Director $ 75 per hour Mechanical Artist $ 75 per hour 3. Except as set forth in the First and Second Amendments, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: A "!TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:.. , Deputy Clerk FRANK HALAS, Chairman Approved as to form and legal sufficiency: /'\7'i<"/) ~t.; -l--"~' /\~jj<! " f JJvl{/L~L, \.1! f :t::JLLL',t,lY..---' ----.-- ---"---.-- Colleen M. Greene Assistant County Attorney WITNESSES: (I) PARADISE ADVERTISING AGENCY, INC. signature PrintedlTyped Name (2) By: CEDAR HAMES, President signature PrintedlTyped Name (Corporate Seal) CP:TDC\2nd Amend 200412005 Paradise Advertising ~ .~ EXHffiIT A BUDGET DISASTER RELIEF; . Cable TV . Online Push Technology . Production: TVIE-MailslLandings Page TV - 2 versions E-maiIs - 3 versions Webslle Pop-Up & Landings Page SUMMER ADVERTISING CAMPAIGN; . Cable TV . Print Ads . Production TOTAL ,",'';;'' .'. '.",-" $ 275,000 $ 5,000 $ 20,000 $ 350,000 $ 75,000 $ 25 000 $ 750,000 Agenda Item No. 16F2 February 14, 2006 Page 6 of 6 ".,..:;....J.:._"'-~.c...A.~~,~_,~~.-:.'_~~ Agenda Item No. 16F3 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommend Approval to Pay Paradise Advertising & Marketing, Inc. for Commissions Due on Emergency/Disaster Recovery Advertising From May 25,2004 to Present in the Amount of $27,113.50 OBJECTIVE: Approval and authorization to pay Paradise Advertising and Marketing, Inc. for their past services on the Emergency/Disaster Relief Advertising contract in an amount of $27,113.50. CONSIDERATIONS: The Paradise Advertising & Marketing, Inc. Tourism Agreement for Emergency/Disaster Relief Advertising approved by the BCC on May 25, 2004 did not contain a provision for the agency to be compensated through commissions for their time in creating the emergency plan, researching and placing the media, creating and producing the advertising, verifYing the placements and paying for the media placed. After discussions with County Purchasing, Paradise Advertising has agreed to accept $27,113.50 as a settlement for those commissions and has agreed to accept 13% on future commissions on the Emergency /Disaster Recovery Advertising contract. This amount has been verified by the Clerk's Finance Department. - ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council on January 23, 2006 recommended (5-1) payment of up to $75,000 for commissions earned on media placed under the Emergency Advertising agreement with Paradise Advertising & Marketing, Inc. COUNTY ATTORNEY FINDING: No further review is necessary from the County Attorney's office. FISCAL IMPACT: Funds to pay commissions due Paradise Advertising in the amount of $27,113.50 are available in the BCC approved FY 06 Tourism Department Budget in Fund 196. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approve payment to Paradisc Advertising & Marketing, Inc. for commissions earned for their services on Emergency/Disaster Recovery Advertising from May 25,2004 to the present in the amount of $27,113.50. PREPARED BY: Jack Wert, Tourism Director .- Item Number: llemSummary: Meeting Date: Agenda Item No. 16F3 February 14. 2006 Pzge2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommend Approvel to Pey Paradise Advertising &. MarKeting, Inc. tQr Commi$$iQns Due 011 Emergency/Disasler Recovery Advertising From May 25. 2004 tll Present in the amounl 01$21.113.50 2/14120069:00:00 AM "'. Approved By Jack Wert CollntyM.nllll..r'..Ollic~ Tuul'ismDirector T(ItJ"&I11 1tt1/20064:!i2PM "'" Approved By lynWood Admin;..t....tiv..S..rvic".. PlIrdluillgAgflnl Purctluinll 1126i20062:57PM Approved By "'.. St.......C.m"ll AdministmtlvDS..rviees Purt:hasing/G"n"...ISv<:" Di,.clor Pun:hafling 21212011114:40 PM 0... Approved By OMSC<lofdinlllot COllnty Mlln"ll""''' Qllic.. Admin;$i:....tlv..A....ist.nt OfIic" of Mllnllg.ment & Budglll 21:l!200&8:02AM "'. Approved By M.rkl....ckJ<o" County M.nlll/flr's otIi<:. BudgfltAnalyst Olfie.."tMllni'II''''''IIlt& Budll"'- Zl31;.!tllHilL17AM 0.. Approved By LtI<l E. Ochs, Jr. BOllnl"fCDunty Comml....i<m<1-", OtIPlllyCQllnlyM.n.!I.1f C<>unlyMan4\1"r'sO\'\io;e 213121lO'11:~7AM Agenda Item No. 16F3 February 14, 2006 Page 3 of 3 Paradise Emergency Advertising & Mar1<.eting 1124106:blb P045-00032551,45..o0041222,45..oo054218 /' ! Invoiced arnj Paid al Gross Invoice Invoice Paymtlnt Cheek Amount Cheek Invoices/or Invoices for Eligible Eligible Varienceof 0.. 0_ Number Paid ._, MediaSu Production Involo.. '" Invs Gron Gross 10 Net o....C" FY2004 9113104 1023 10113104 684490 475.00 475.00 EmailBlastProduction250in-house 226outsourced 9/13/04 '" 10113104 684490 12,111,52 12,58652 12,111.52 Collier Emerg Prod 2,800 in-house 9,322.52outsourced 917/04 993 10127/04 685616 2.686,00 2,686,00 2,686.00 3.088.90 40290 Fox Media-TVSpol1l 9/14/04 1026 10127/04 685616 474,00 Agency Fee-not eligible to reimbunoelneedscredit 9/13104 1022 10127/04 685616 850,00 850.00 Web elements. in-house produclion 9114104 1027 10127/04 685616 30,715.00 26.107.75 30.715.00 4,607.25 Headline News media buy 9114104 1028 10127104 685616 800.00 680.00 800.00 120,00 NBC media buy 9/15104 "" 10127104 685616 235.00 HurticanespotJorweb,in-houseproduclion 9/14/04 1029 10/27104 685616 5.000.00 4.250,00 5,000,00 750,00 WPBF TV media buy 9/15/04 "42 10127104 685616 9.300.00 7,905,00 9,300,00 1,395,00 WSVN TV media buy 19/22/04 1079 10127/04 685616 3,700.00 3,145,00 3.700,00 555.00 WPTVmed'abuy 9/24104 1089 10127/04 685616 150.00 127.50 150,00 22.50 WSVN TV media buy 9124104 "" 10127104 685616 110.25 Dubs made for Emergency Spot (DVD) + shipping 916/04 992 10127/04 685616 61,920.25 7.900.00 6,715,00 7,900,00 1,185.00 WBZL TV medla buy 1015/04 1124 11/03104 686162 1.975.00 1.975.00 1.678.75 1,975.00 296.25 WTVJTV media buy 76,481.77 FY2005 10/20104 1159 12/8104 688754 275.00 275.00 275.00 Hurricane Tagiioe in-house production 12/9104 1289 3/2105 695045 1,712.90 1,712.90 1.712.9-0 Hurricane inlo Cards 1050 in-house 662,9-0outsourced 2/11105 M 3/9/05 695598 875.00 875.00 875.00 Hurricane Message, 675 in-house 200oulsourced 6/17/05 1880 7/20/05 705927 935.00 935,00 935.00 1,075.25 140.25 PSA Emergency spots (vendor) 6/23/05 1975 7120/05 705927 84.00 84,00 84.00 96.60 12.60 Dubs Chicago & Orlando cable 6/24/05 1977 7120/05 705927 150.00 150.00 Orlando News Ad,in-hoLJseproduction 6/24/05 1976 7/20105 705927 250.00 1,419.00 250.00 ChicagoNewsAd,in.houseproduclion 6/24/05 1985 7/20/05 705927 2,425.00 2,425,00 2,425.00 Eblasllnt1Hurricane.allin-house 7122/05 2340 6/16/05 708117 2,587.50 2.587.50 Hurricane Co-op TV 7/19/05 "'" 8116/05 708117 650,00 650.00 Chk;ago Eblast, 450 in-house, 200 outsourood 7/19/05 2"" 8/16/05 708117 575,00 3,812,50 575.00 Orlando Eblasl,375 in"llOuse, 200 outsourced 8/20105 """' 9/20105 710764 11,740,70 11,740.70 11.740.70 13,501.80 1,761,10 Summer Admail Media 8/20105 2180 9/20105 710764 2,514.00 2,514,00 2,51400 2,891.10 377.10 Summer News for Aug, Media Buy 8120105 2181 9/20105 710764 1,291,76 1,29176 1,291,76 1,485.52 193.76 Summer News for Jul, Media Buy 8/30/05 2250 9/20105 710764 245,650,00 245,650.00 245,650.00 282.497.50 36.847.50 Summer Advertising Campaign, TV 8120105 2187 9120105 710764 50,860,00 312,056.46 50,860.00 50.860,00 58.469.00 7,629.00 Summer Advertising Campaign, TV InvoicesEligibleforGro55 8/5/05 2152 9/27105 711344 150.00 15000 Sumrner Visit Fla News (aU invoices submitted to date) FY2110S 322,725_86 Total Gro66 71,488_97 TOTAL 399,207.63 Outstanding Invoices lor FY21105 45-0011S4128 RolledfrornFY2005 9nWo; 123091 I 1,29U6 1.29U6 1.098.00 1.291.76 1S3.76 Oriando News Summer Getaway Remaining Funds on PO 9/26/052341 l00,ooom 101,291.77 100.000.01 100.000.01 115,000,01 15,00000 Summer Media Buy, Cabie accts tor all invoices on worksheet Paid Invoices lor FY20116 Hurricane Funds 216,781.33 11/23105 2473 1/25/06 719463 1,449.00 1,449.00 1,449.00 Post HunicaneSpot, 312.50 in-house,1136.50outsourced Summer Campaign 31,464,03 Total 249,l43.36 TOTAL 501,948.40 476,703.48 24,6211.92 467.468.47 536,957.44 71,488.97 Agenda Item No. 16F4 February 14,2006 Page 1 of 7 EXECUTIVE SUMMARY Recommend Approval of an Amendment to County Resolution # 2004-370 Covering a Policy for the Approval of Funds for Travel Expenses for Persons Conducting Official Tourism Business OBJECTIVE: To obtain a recommendation to amend the current Tourism Travel Policy Resolution # 2004-370 to include clarifying language on a valid and proper public purpose for certain entertainment expenses related to conventions, trade shows or familiarization tours. CONSIDERATIONS: The Clerk's Finance Department has requested some clarification to the current Tourism Travel Expense Resolution # 2004-370 to authorize for payment or reimbursement certain entertainment expenses as serving a valid public purpose. Tourism staff members attend trade shows and conventions where we must use attention-getting means to attract event attendees to our display area. We have had occasion in the past to use chefs, fishermen and in one case an astrologer (tarot card reader) to attract trade show attendees to our display to discuss the tourism offerings in Collier County. The County Attorney has suggested the following language be inserted in Paragraph E 6 of Resolution 2004-370: --- E 6. Entertainment. Expenses to entertain convention, meeting, trade show or familiarization tour attendees. Examples of these entertainment expenses include, but are not limited to the costs for singers, dancers, magicians, astrologers, chefs, musicians, pageant winners, clowns, fishermen, animal trainers or massage therapists. These entertainment expenses are authorized, serve a valid public purpose and are authorized for payment or reimbursement. Wherever practicable, these services will be procured through a County Purchase Order. Any expenditure under this Resolution will be made in accordance with Collier County Purchasing procedures. A draft of the amended Resolution is attached. ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council reviewed this amendment at their December] 2, 2005 meeting and recommended approval unanimously 8-0. COUNTY ATTORNEY FINDING: The County Attorney's office has prepared this amendment and has approved it as to form and legal sufficiency. FISCAL IMPACT: The immediate fiscal impact is a $500 expenditure for a tarot card reader at the Incentive Travel and Motivation Show in Chicago in September of2005. Future expenditures will be approved in advance by the Tourism Director using the guidelines of this Resolution and ___ following the provisions of Collier County Purchasing procedures. Agenda Item No. 16F4 February 14, 2006 Page 2 of7 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Recommend approval of an amendment to County Resolution # 2004-370 for Payment or Reimbursement of Travel Expenses for Persons Conducting Official Tourism Business, and recommend authorization of payment of $500 to IPZ Entertainment for a tarot card reader on September 27, 2005 as serving a valid and proper public purpose. PREPARED BY: Jack Wert, Tourism Director Item Number. Item Summary: Meeting Date: Agenda Item No. 16F4 February 14. 2006 P.aga3of7 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS 16F4 Recommend Approval of an Amendment to County Ruolution # 2004-370 Covering a Policy tor the Approval of Funds for Travel Expenses tor Persons Conductin9 01~cial TQunsm Business 2/14/20059,00 00 A'" O~I", Appr<lved By J.ackw..rt CoantyM~n~ll.r'.fIotti<:tI TOllrismOlrector Tourism 1!11/20054:S3PM ',m Appr<lved By lynWond Adminisl....live$l>rvl""" P<lfcllningAll~nl Pllfcllll'ling 1I26IZ0afi3,Ol PM D... Appr<lved By St&veClm,,1I AdmlniSlmhv"S<lry'l:'lll Pllrch""ing/Gen"....ISvn..Oi'ecID< Pur<:t.ar.ing :mJ2110610:4SAM """ Appr<.lvedBy OMBCoordlnator County M~n~9<l(s. Ofuco Admlni.fllrillivt>A.s5i51.anl Ofh~ of Management & Budg" 1J3J2Q06a:03AM ,,.., Approved By M~rkll'Jlcks.'m County Manag..r'$OIti<:unty Mana!lef's Offil;1l 213120ll'12:47PM Agenda Item No. 16F4 February 14. 2006 Page 4 of 7 RESOLUTION NO. 2004-370 A RESOLUTION ADOPTING A POLICY FOR THE APPROVAL OF FUNDS FOR TRAVEL EXPENSES FOR PERSONS CONDUCTING OFFICIAL TOURISM BUSINESS. WHEREAS, it is the intent ofeallier County to reimbmse Tourism Department employees and agents under contract with Collier County for travel on official tourism business in accordance with Section 125.0104, Florida Statutes, and Section 112.061, Florida Statutes; and, WHEREAS, all authorized travel expenses will be reimbursed to County Tourism Department employees or to employees of companies or individuals contracted for tourism services on behalf of the County at the actual expense; and, WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the expenditure of funds for any and an travel by Tourism Department employees and authorized agents under contract with Collier County are as follows: A. AFPROV AL REOUIRED. All travel for Tourism Department staff and authorized agents under contract must be authorized and approved by the Tourism Department Director, and by the County Manager for the Tourism Department Director, and funds must be available in the approved Tourism Department Budget. Those travel events that are not covered in the budgeted or contingencies categories in the Tourism Department Budget must be presented to the Tourist Development Council and Board of County Commissioners for approval. The Board of County Commissioners must approve travel by authorized persons not employed or under contract by the County who are called upon to contribute time and services as consultants or advisors or participants for travel on County tourism business. All travel reimbursements require receipts. B. DOMESTIC TRAVEL. I. Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transnortation. Taxi, shuttle and public transportation shall be reimblU"Sed at actual cost including up to a 15% gratuity. Rental car use shall be booked or reimbursed for domestic travel at best compact rate available. Travelers shall use the rental car company holding the county bid, where available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, ifnot included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. AccommodationslLodlriml. reimbursable: at actual costheadquarters hotel. In-state trave:l outside SO miles of office location is for single: occupancy at the best available rate or at the Travel within SO miles of the office - Accommodations expense reimbursement must be authorized by the Towism Director if travel to home after the daily activities is deemed unsafe, or supervision of guests being entertained is necessary. Travel to destinations within Florida is tax exempt for accommodations. Travelers shall supply the hoteVrnotel with a Florida Sales Tax Exemption Certificate when checking in. Agenda Item No. 16F4 February 14. 2006 Page 5 of 7 Expenses for the use of in-room dispensers or movies are not reimbW'sable. 5. Other exnenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rental. parking fees. charges for business telephone calls, including cell phone roaming charges, facsimiles, or high speed internet access charges for use of computer. actual mileage reimbursement at the current Collier County rate, mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times fOT airline ticket and hotel accommodations if pre approved by the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. Business association. trade association, tourism industry association, Chamber of Commerce meetings, or event expenses are authorized for payment or reimbursement if subject matter is tourism related. C. TRAVEL IN FOREIGN COUNTRIES. Foreign travel will be conducted in compliance with federal standards detailed in the publication. "Standardized Regulations (Government Civilians, Foreign Areas)". 1. Common Carrier. Travel shall be booked at the best available coach price. 2. GroWld Transnortation. Taxi, shuttle and public transportation shall be reimbursed at actual cost with receipt including up to a 15% gratuity. Rental car use shall be booked or reimbursed at best compact rate available. 3. ~. Meals shall be reimbursed at actual cost plus gratuity up to 15%. if not included in bill. and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts. snacks. drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. AccommodationslLodmnll. Reimbursable for actual cost for single occupancy at the best available rate or at the headquarters hotel. Expenses for the use of jn~room dispensers or movies are not reimbursable. 5. Other exoenses. Reimbursable expenses include tolls, ferry fares. tuxedo and costume rentals, parking fees, foreign currency exchange fees, travelers checks fees, maps, charges for business telephone calls, including access, air time and phone rental charges for cell phones,: facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate. mandatory valet parking. including a 15% gratuity. hotel resort fees, tips to beHmen. parking attendants. and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations with prior approval of the Tourism Director or County Manager, laundry and dry c1eaning charge for traveloftive (5) or more days. D. TRAVEL INVOLVING TRADE SHOWS I CONVENTIONS I TOURISM INDUSTRY AND ASSOCIATION MEETINGS. Expenses related to attendance at trade shows, conventions. association and tourism industry meetings, sales meetings and receptions and events are authorized for payment or reimbursement at actual cost pursuant to this Resolution depending on whether the travel is foreign or domestic. Pursuant to Section 125.0104. Florida Statutes. registration fees for Tourism Department employees and authorized agents under contract with Collier County shall be paid in advance by County check or credit card or be paid by reimbursement. Agenda Item No. 16F4 February 14, 2006 Page 6 of? E. TRAVEL-RELATED ENTERTAINMENT. Payment or reimbursement is authorized for any tourism promotion, event, meal, or occasion organized by the Collier COWlty Tourism Department or other tourism organizations or agencies including, but not limited to, entertaining travel writers, journalists. travel agents, tour operators, airlines, travel consultants, wholesalers, consolidators, meeting planners, consumers, dignitaries and VIP's from foreign countries or anyone who can bring, direct or encourage travel or publicity to Collier County. (Collectively or singularly refet'Rd to as "Tourism Promoters"). Expenses such as meals for County employees who attend a function with Tourism Promoters in an official capacity are authorized to be included in the total cost of the function for payment or reimbursement. 1. Meals. Meals include food and beverages associated with meetings, dinners, promotions, cocktail parties and similar events, whether catered or provided by Collier County or other tourism organizations or agencies, at a facility or private location. Gratuities up to 15%, if not included in the bill, or up to 20%, if included in the bill, for groups or special menus or events are authorized for payment or reimbursement. Gratuities on discounted or complimentary meals are authorized as calculated on the full fair market price of the meals up to 20%. County employees must follow the County Ethics Policy covering acceptance of discounted or complimentary meals. 2. Alcoholic BeveT8lles. The cost of alcoholic beverages is authorized for payment or reimbursement for entertainment purposes for Tourism Promoters. The cost of alcoholic beverages for County employees is not reimbursable. 3. Gifts. Tokens of appreciation and mementos of Collier County given to Tourism Promoters are authorized for payment or reimbursement at actual cost. 4. Transoortation. Expenses for vans, limousines, buses or automobiles to transport Tourism Promoters are authorized for payment or reimbursement. 5. Accommodations. Expenses to house Tourism Promoters are authorized for payment or reimbursement at actual cost 6. Entertainment. Expenses to entertain convention, meeting, trade show or familiarization tour attendees. Examples of these entertainment expenses include, hut are not limited to the costs for singers, dancers, magicians, astrologers, chefs, musicians, pageant winners, clowns, fisherman, animal trainers or massage therapists. These entertainment expenses serve a valid public purpose and are authorized for payment or reimbursement. F. COUNTY PURCHASING CARD USE. The Collier County Purchasing Card may be used by Tourism Department staff for all travel, entertainment and registrations including the cost of restaurant meals. The Purchasing Cards issued to each Tourism Department staff member will have a single transaction limit of $2,000 and a maximum monthly spending limit ofSlO,OOO. G. PAYMENT BY ADVANCEMENT OR REIMBURSEMENT. The County may pay by advancement or reimbursement, or a combination thereof, the costs of per diem and incidental expenses of employees of the COWlty and other authorized persons, for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)." The CoWlty may also pay by advancement or reimbursement, or by a combination thereof, the actual reasonable and necessary costs of travel, meals. lodging, and incidental expenses of employees of the County and other authorized persons when meeting with travel writers, tour brokers, or other persons connected with the tamist industry, and while attending or traveling in connection with travel or trade shows. This Resolution supercedes Resolution No. 2004-370. Agenda Item No. 16F4 February 14, 2006 Page 7 of 7 THIS RESOLUTION ADOPTED this _ day of majority vote favoring same:. after a motion, second and DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: . Chairman Approved as to fonn and legal sufficiency: Colleen M. Greene Assistant County Attorney OS-MGR-00087/2 Agenda Item No. 16F5 February 14, 2006 Page 1 of 39 EXECUTIVE SUMMARY Recommend Approval of a $243,663.86 cost increase in TDC funds to the City of Naples grant for the dredging of Doctor's Pass, Project No. 905501 and approve all necessary budget amendments. The total revised cost of the grant will be $842,163.86 OBJECTIVE: Approve a $243,663.86 increase in TDC funds to the City of Naples grant for cost increases associated with the dredging of Doctor's Pass. CONSIDERATIONS: The City of Naples was notified on October] 3, 2005 of increased costs for the dredging of Doctor's Pass amounting to $118,663.86 due to increases in fuel, changes in scheduling and possible weather problems stemming from a later commencement date of work. Other contract issues between the City of Naples and the contractor also delayed the timely execution of an agreement. The original project estimate for this grant as detailed to the Board as part of Agenda Item] 6-F- 5 on February 22, 2005 was $598,500. This included $425,000 for channel dredging of Doctor's Pass and is detailed in Exhibit "A". The lowest component bid for channel dredging was $550,000 representing a $]25,000 cost increase above the original project estimate. ~ Cumulatively, the cost increases associated with the October ]3,2005 notification ($] 18,663.86) plus the increase in channel dredging expenses connected with the bid ($]25,000.00) total $243,663.86. This additional project cost now requires a second amendment to the Category "A" TDC grant agreement between Collier County and the City of Naples. The total cost of this project with this amendment is now $842,]63.86. An Interlocal Agreement between the City of Nap]es and Collier County covers this scope and funding parameters of this work. ADVISORY COMMITTEE RECOMMENDATIONS: The CAC recommended approval of this item on January 12, 2006. The TDC recommended approval of this item on January 23, 2006 COUNTY ATTORNEY FINDING: The County Attorney prepared the original TDC Grant contract between the City of Nap]es and Collier County. The County Attorney will also prepare this amendment, which will only increase funding limits. FISCAL IMPACT: The source of funds is from Category "A" Tourist Development Taxes - Fund 195. A budget amendment is required moving dollars from reserves to fund this grant amendment. Current reserves in Fund ] 95 total $834,] 00. This budget amendment reduces reserves by $243,664 leaving a balance of $590,436. __ GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. Agenda Item No. 16F5 February 14,2006 Page 2 of 39 RECOMMENDATION: For the Board of County Commissioners to approve a $243,663.86 cost increase in TDC funds to the City of Naples for the dredging of Doctor's Pass and approve all necessary budget amendments. PREPARED BY: Gary McAlpin, Coastal Project Manager Item Number. Item Summary: Meellng Dille: A~)enda Item No 1flF5 Fabruary 14. 2D06 Page?; of 39 COLLIER COllNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recommend approval of a S24'3,653 66 C<Jst illcrell~e ill TDe funds to the City of Naples granlfo'lhodledgil1gofDol:!MsF'Il&5, Project No, 905501 antlllpptovtlalllleCll&5ary iJudgutaml.lfHlmenl$ Tne iotal revised cost olth\> granl <'IiII be $a42.ttl3,86 Z/14120069:00QOAM C""IIlIPlojectM"nager ,,~ Approved By GaryM.:AI~1Il C<lunty M~lIl1g..r'$ Office 10011,,", 1i11170(l64,Il4PM Approved By .lackW<Ht Tamiomm....clo' D.. ClOumyMm13Il(>r'sOff;ce T""li_m 1!111211lJ64:MI'M A<lminl1<traf;vllA,,"i"ll1nl 0.. Approved By OMBC..",dinutu' C"lHl!.Y Manag.."" OOiC<! Office of Manaqf'm",,!. & Budglll li2S12{\063:36PM Approved By B,..igetAnaiysl D.. Mllrkl~atk"m t:"un!.y Manage(" OlfiC<! Offic.. of MaIHI9..!m",!. /I, Bud9..1 213121.10512:501''11 ApprondBy Deputy CO""lY Mllnllge' O~ LeI>E.Odu.JI, BO'l,dofColI"ty t:ommi~~'Olle1ll Co",uy M<lnll'J"r"s Office 2!3I;!OIl&1,09PM EXHIBIT "A" BUDGET (Engineering, Mobilization, Contractor, Monitoring) 1. Original Grant Approval: Permit Fees ................................................................ ... $ 8,500.00 Additional Permit Studies & Surveys............................ $ 35,000.00 Final Design and Bidding.............................................. $ 30,000.00 Construction Services ................................................... $ 25,000.00 Channel Dredging.... ..... ...... ......... ........ .... ... .................. $425,000.00 Preconstruction Monitoring........................................... $ 75.000.00 TOTAL... .................. .................. .... .... ............... ........... $598,500.00 2. Competitive Bid Cost Increase............................................. $125,000.00 Sub-Total......................... .......... ........ ............. .............. $723,500.00 3. Additional Contract Costs.................................................... $118,663.86 TOTAL.... ................. ... .... ........... .................................. $842,163.86 Agenda Item No. 16F5 February 14. 2006 Page 4 of 39 I -" ) ) ). ,-.,'~ """l Agenda Iten). No. 16F5 .Agen~I1MNbj.4e!!eQ6 ., F.ebrua~:ll10539' .... 'Pagl,1 of'4 . gJj:ClDJYE SUMMARX . Approve an Out-of-Cycle FY2005 TOC Category "A" Grant Application; Budget Amendment and Tourism Agreement with the City of Naples for the dredging of Doctors Pass project #90549 In the Amount of $5llB,50D . FISCAL IMPACT: The policy apploved by the Board of County Comtoissioner& on December 16,2003 requires that budgeted call18trophe I'CllCrVeS be set initially at 51,500,000 and .in~u:d incremen1ally by 5500,000 cIurina yem between lIIlIjar beach.IllllOUl'ishmerrt projects. FUIlding the Docton PISS Project will reduce budgeted reserves to 5439,597. CUrrent planDing ga\Js :for financing consttuction of the Vandcrbilt Beach l'al'king Oamge. Financhig this project will free up tourist tax doll_ to fund other beach 8IllI. beach park projellti IIlIli allow budgeted calastrophe re&llIVes to be set at the initial policy benc1llnark of 51;5oo,ooo.Membm oftbe BCe should also note that toUl! tourist tax dollars for the finrt four (4) months of fiscal 05 exceed 05 budpt projections by 5321,500. TDC revenue received during the = months will dic1ate wbethlll' tbisincreasing trend will aontinue. AppnOOmately 66% of total tourist tax doUat& is applied toward beach rcmourishment and beach park projects. GROWTH MANAGF,MENT IMP ACT: There is mi impact to the Growth Management Plan related to this action. RECOMMENDATION: That the BOIlld of Collllty Cowmiasionm approve; 1) The at1ached Tourist Development Cldegmy fA A" grant I!PPIiClllion 2) Budget AmelIdment and 3) TouriSm. Agreement with the City of Naples in the total amount of $S98,SO<J; PR:E1>>.lll....,D BY: Marla Be......1 Toarbt Tu CQQrdinRtor . Ag.~~~<ia~~em .No.. 16F5. p;{~~ary 14. 2006 .. ... Page 6 of 39 - ) COLLIER coUNTY PfioARD Of COUNTY'COMMrISIONIRS ItMn NumNr Ibm 8l.l'INMry 11F5 "PPfOVe an OVk:lf'-Oyr:le FYzooS TOC Cdgory 'A- Grll'lt Application. 8udget Amendment al'lCl Taurilm AsI,.6rnw wtth the City of Naplu far tho. ctredglng Dr Doc::tora ,... PI'OJ'~ *,OtA9 '" th. amounl Of '5111.500. 2/2212005 9:DO:tJQ AM .....a Dlt. P...,.rod 8, Mirla&..lNrftal T outtsl Tax Caardinltct Coul'lfY M.n_WI!; omee Touftsm Approved By .....w.~ Tou""" Dlrellte,. Count)' NaNlg.t. omca TaurhllM A"....... ., .... H.... fI1In.I..l'Olect......~' AdmlnlillNtlve .krvlcet. F.cltlde& MIMI....."t App........... OMD COMdIllltor Admln/tJtrafl\oe "Altieanc county "'nlIIOr'to omce omc:o or M.nll9.m...... IIlul'gn App....... 8y Marklslu::l{:aan 8udget Anllbst ceunt)' M...,.r's OffIce Otn"crf ~.".,.m'"f" ..dgH ....) App....... 8, ~I"" 'mykOwttkl Mln...m.nl & 8ud,M D1rwetor caunty I&aJlUlOtr'1 0ffIC(I QmQ' or....qement. S.-dClIll App....... 8, MarilRllntPy Pllrb & Reorndoll DltKtor Fl&fbk811fV1co Parka Ind Rt.~,..tJO" ",p....ad By Jun_ V. Muci4 County ...."'.,., Bo.rd of Counl)' Cnhty MMlieor. om" Coml'l'll_lOne~ "'" zHOJ:oa'1CUZ:l:2fAM 0." 2J1D12001i1GI"'A~ .... 21'1C1tGOIl1G:17 AM .... ZI1112:0041:~ AN .... 2/1412006 1t1:n PM "'" 'f141ao06 4:" PM - 21'18/200& _:2' AN - 11'11200.1:'" AM ) -' Agenda Item No. 16F5 . F:ebruary 14. 2006. Agenda 11am ~"'li'5::Jf 39 February"22,'ZOOS . . .. . Page 3 of 14 ZOOS ToviusM AG~- BETWEEN COLLIER C01.JNTY (- AND THE CITY OF NAPLES FOR PASS MAINTENANCE OF . DOCTOR'S PASS. - ~ r. THIS AGREEMENT, is l1Ulde and entered into this _ day of ,2005 by and between The City of Naples, hereinafter referred to lI.S "GRANTEE" and Collier County, a political subdivision of the State of Florida. m;reinafter:refwed to as "COUNTY"" RECITALS: WHllREAS, CITY has submitted an. application for Clltegory "A" Tourist Development Tax Fl1lIds in the amount of $598,500.00 for the maintenance dredging of Doctor's Pass (the "Project"); and WHEREAS, the CbUN'l'Y desires to fund .a portion of the ProjecL NOW, THEREFORE, BASED. tlPoN TIlE MUTUAL COVENANTS AND PREMISES PROVIDED HERElN AND OTHER VALUABLE CON$IDERATlON, IT IS MUtuAllY AGREED AS FOLLOWS, ~, c. . . 1. SCOPE OF WORK. GRANTEE prepared adelailcd application and proposal outlining the pass Ill81lagemenl project to be accomplished, along with a project budget, as par! of me grB<lt application process, hereinafter referred to as "Proposal", attached as BJ<biblt "A". ClRANI"BB shall . provide the project activitiell outlined in the Proposal within the budFted amOUllIll provicl.ed in the p;oposal, . GRANTEE shall not be reimbursed for any expendi= not included in the Proposal nor be rcimbUl"Scd for am01ll11.1l in excess of those provided In the ProposalllIllesll an amendment 19 this Agreement is entered into by OR.ANTEE and COUNTY. 2. . PAYMENT AND REIMBURSEMENT. The maximum reimbursement W1der this Agreement shall be Five HWldred Ninetr-Eight Thousand Five Hundred DoHers Blid No/100. ($5gS,500.00). GR.ANTE:B shall be paid in accordance with the fisc81 procedures of COUNTY c. ,>) Agenda Item No. 16F5 Agencfij3tt~l'Io1"\SlW06 FebnJ81Y~ !00539 . '.' '. Page 4 of14, upOn submittal of 1Ul, il\voice ,and upon verification that the ~ces desCribed in ~e ~nvcice are, .' ,. completed ~r that goods have beem received. GRANTEE sball detcnnin~ thal the lloods and s~ices havc been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or . .' hi~ designee;' shall detennine that the invoice payments are authorized and the goods or setviceS coveted ~y sucl1 in,voice have been .provided or perfonned in accordance with such, authorizalif'll. , . The lin~ item b~dget attached as Exhibit "A" shall constitute authorization of the expenditure desc:ribt:d in the invoices provickld that such .Cltpendituxe is.' made in' accordance with this Agreement. Each invoice su~mittCd by GRAN'i'EEl shB!l be itemized ill 5Ufficient deiail for audit thereof and shall be supponed by copies of cOn:esponding vendorinvoiees IUId proof of receipt.of goods or . perfomlance of the. serviceS invoiced. . GRANTEE shaJI certify in WIiti~g that all subcontractors ll,l1d .. . ; .J vendors ha~; been p~d fQiv.:oi:k and inafC.d&lS frOm previous payments reeehed prior to receii>>. of any further paymetlts. COUNTY shall not pay GRANrEE until the Clerk of the Boare! of County cOmmIs&ionenpre-audits payment invoices in accordance ~th the law. : GRAlfl'HE shall be paid fOT its actual cost not to el\ceed the maximum amount budgeted .J .pUf81llll1t 10 the altac:hed Exhibit "A". 3. m fGIBLE EXPRNDITURBS. Only eligible expenditures desc:ribed in Section I will be paid by COUNl'Y. Any expenditures pBld by COUNTY wbich lItO .Iater .deemed to be ineligible expenditures shall be repaid to COUNTY within thirty' (30) clays of COUNTY'S writtci1 reqUe5t to repay said funds. COUNTY may reqllC8t repayiru,nt of funds for a period of up to one (1) year afrcr termination of this Agreement or any extenBion or renewai thereof. 4. PAYMENT REOUESTS. Payment requests for in~ draws and final payment must be submitted to the, County in the fODll of the Request for Funds form attached to. this Agreement lIll Exhibit "D". All pa~nts are on a reimbursement basis only after proof of paid invoices are 2 Agenda Item No. 16F5 February 14 2006 Agenda Item K1llg4llF5f 39 February 22,2005. . . Pllgl' 5 of 14 . "'presented to ~e County. County may withhold any.i.ilteritn dn;w for failure.to proVide the interim (. ..~ta~s report, and CO~IY shall withhold final payment until receipt of the l'inal status report or other final report acceptable to County. 5..' . INSURANCE. GR.ANmE is required to sUbmita Certificale of Insurance nlUlling Collier County, andi~s Board or" CoUlily CommiSsioners and the Tourist Development Council as. IlCiditlonally Insured. The:: Cllrtificate must be valid for the:: d~on of this Agreemlilut and be issued by a company Ucensed in the State of Florida 3nd ,provide General Liability InsUl1lllcil for no less than the following amount5: Bodily Injury Liability - $300,000 =h ol~m per pcl"S()IJ Property Dllnlage Liability - $300.000 each claim per person , . Personal Injury Liability - $300,ooOeach olaim per person WoIter's Compensation and Employer's Liability - Statutory . . ,", . The Certificate ~f fpsui'anco must be de::Uvered.to the:: CountyAdtninistrator, pr his designee,,~ithin. c . . l\'n (10) days of execution of this Agreement b~ COUNTY. GRANTEE. shall not ,oo=e::"oe : activities which a~ to be funded p~uant to this Agreement lJ1ltll COUNT.Y hllll :reCeived th~ Certificate of Insurance. 6. ~OTr;B. OF VENDORS AND FAIR DEAT ING. GRANTEE my seleCt .vendors or . subcontrac'ton to provide services llll descri~ in Section 1. COUNTY shall not bC responsible for payiIig vendol1l and shall not be invoLved in the .~Iection of 8UbConmwtorl! or vendors. GRANTEE' . agrees to disclo.se:: II11Y relationship bctwc::cn GRAN1'EE and subcontractors and/or vendors. . incl~ng, but not ,liniited' to, ~imilllt' or related employees, agents, officers, directoni ondior shareholdet's. C?UNTY may_ in its discretion, object to the reasonableness of the expenditures and require repayment if invoiCCls have bc:en p~d under this Agrc:cment for unreasonable:: expenditUres. The rellSooablaness of the expenditure. shall be based on industry standards. 3 c 'J ) .J 7. Agenda Item No. 16F5 , Ag"n6l1'M~o\'1efl5O~ . Februi~,lfi~ . Pegeo.cif14 INDP..MN:lF:i:CATION. To the e7.terlt petmiued by lll:w,GRANTEE s~a11 hoid l).aIm1esi and '. defend COUNTY," and ilS agents and emplC?yees, froll1 any and all suits' and .actions. including' . atrorney's.'fees and all COSlS of litigation and judgments of any.~ame anti description arising out of or. in~~ to the perfO.tmlll1ce of thisAgreem~nt or. wotk. performed thcreunder. Tliis.provisiOll ShBlI also pertain to any .clBuns brought against the COUNTY by any eiupJ.oyee of the named GRAN'1'.EB, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by illy of them. ,GRANTEE'S obligati~n under this provision shall not be limited in.any way. by the agxeed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack .of, suffICient insurance protection. 8. NOTI('F.~. Ail nottces from COUNTY to GRAN'I'EB sballbe in writing lUld deemed duly ~el"Ied if mailed by r.egistc.red Or certified mail to GRANTEB at'the followin& address; . David Lykins, Director of Comnwnity Services .citY of Naples 280 Riverside Cb'c.Ie ,N~les, Florida 34102. , All notices frOm GRANT.BB to couNTY shall be in writing and cl=ned duly Sel"led if mailed by regi~ 'or certified milil to COUNTY 111 the followin~ address: Jack Wert, Elr.ccutive Dir.ecior . Naples, M&irco Islanc:l, Everglades Convention. & Visitors Burellu . 3050 North Horseshoe Drive, #218 , Naples, Florida 34104 ORAN'I'EE IJJ;;d COUNTY may change their above mailing ~drcSll at any lime upon giving the other party written notification pW"Sllant to this section. 4 .., . Agenda Item No. 16F5 February 14. 2006 Page 11 of 39 . Agenda Item No..16F5 . , F",bruary 2~ 2005 . Page lof14 Notllinghemn contained shall be cOjl&tnIed,d creating ~ p~riet8hip . (' 9. - NOPARTNERSIpP. between COlfl'ITY and GR.ANTBB, or im ~etldor or i*ontIaCtor, or to constitute GRANTBB. or im vendor or suboontnctor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without ca~e by giving thirty (30) days advance~ritren notice of such tennination pursuant to SeCtion 7 and apccii1'ing tho effective daze of tcrmlnation., If COUNTY terminate8 this Agreement, coUNii" will pay GRANTEE for all expenditures incurred, or" contractual obligatio~ incun:ed with subcontractors and vendors. by GRANTEE up to the effective date of the temlination so long . as suclt expellSCl are eligible. 11. . GENERAL ACCOUNTING. GRANTEE. is required to maintain complete and liCcutaie accoUnting .records and keep tonrlsm fundi in a separate checking account. All :revenUe :related to . the Ajp:eeIIlent should.be recorded, and il1l eXpenditures must be in~.i.vithfu the temIS of this Agreement. . ~ I.. (, 12. AVA!L.'BILITY OF RECORDS. GRANTEB shall mldntain :records. books, documents, papen" and financial inf~tion' pertaining to work pcrfonnod under thill Agreement. ; GRANTEE ,. agrees that COUNTY, or any of it& duly lIuthorizedrep:resenbltives, shall.. will t1ie expiration of three (3) years after final payment' .under this Agreement, have. access to, ~d the rigbt ~ CJl~ne . and photocopy any pe;tinflllt books. documents. papen. and records of, GRANTEE involving . traIISIICtions related tolhis Agreement. . 13_ PROHIBmON OF ASSIGNMtiNT. GRANTEE shall not assign, convey. or transfer .in . . whole or in pm its inlCJ:est in this Agreement witbput the prior written consent of COUNI'Y. 14. TERM. This Agreement shall become effective on June 1,2004, and shall remain effective until sixty (60) days after rompletion of the project de5crlbed in Exlubit "A", but no law than April 30, 2006. 5 ,.'j Agenda Item No. 16F5 Age~~~~l~~~ . . P~,,8of14 ., .15.. AMEND~. This Apement may only..be BlJ10Qded by .mutua1 .8gt'll!mleJ.lt of the, ' pm:tiu and after IeCommOnclaticm by lhcTouriit Development Council: . .16. RF1""!nRnATION. . This, Agreement shall be recorded in the pu!>!ic recorda of Collier . CountY,Florida. IN WITNESS WHBRllOF. GRANTEE IlDd COUNIY have eadl ~ve1y. by an , . . . . lII1tIi~ penon or agent, hereunder sot thelr hllDds and seals on the c1ate and year first above written. . DATED: ATrEST: DWIOHT B. BROCK. Clerk BOARD OF COUNTY COMMISSIONERs COllJER COUNTY. FLORIDA By: , FREDW..COn.g, Chainnan .",. . '.. . >~ '. '. , Deputy Clerk J -) Apptoved. IS to fozm IDd . legal sufficiency: . @ Heidi F. Amton As.I.istllllt County Attorney 6 '." Agenda Item No. 16F5 Agenda~ri~li 1A.:~006 Febn.llirYa~21iOl?f 39 , \>8g8 ~ Df14 . . {' A'ITESl': GR.ANTEB crI'Y OPN'APl.Es By: BILL BARNB'IT. Mayor . TARA NORMAN. CitY CIetk Approved 11$ to fann and lcpl iUffje;joncy: WIl'NESSES: (1) '.I~ PriDtad/TypId Name (2) 8igDalurc RO~T D: PRIIT. City Attorney , . ' I 0, " ;. -, PrintcdlTyped Name (corporate ~eal) 7 c c. . . .. ...-) EX4!!lIT "A!' BUDGET (Engineering, Mobilization, Contractor, Monitoring) Pennit FQci Ad.cIitional Pernilt SlUdlca &. Surveya . . . . $ 8,500 $ 35,000 $ 30,000 . $ 25,000 .$425,000 FInal Design ei:l.d .:Bidding ColIlJI1'uction SeMccs. Channel Drodjjjng Preconatruction Monitoring $ 75.000 ,-) . TOTAL 5598.500 .). p~ . Agenda Item No. 16F5 Agendea~~4~f606 , f'Bbruillldl2,12Oe539 . . Psge10 of 14 I oj; I.t C01.' .TJr.1l COUNTYTOURIST DEVELOPMENT COtlNCIL. .... . CATEGORY "A" ~.Al'PLlCAl1QN . Beach ~D"lII'ioII-~t lIIII1 1'_ )fain-nee . J?ocIor PIa ~.~"""" n.....d&4 Agendi;lltem No. 16F5 Agenda~r~~e1dF~?~~ F8bMiY2~: 2005' . P~e 1.1 <:11'.14 (-. , . 1.' Name lIIII1 Addreu ef:rnjeCt SpDDIor OlpaiUtin: The City ofNeplell . .735 Eig!ithStrat So1ll:h Nap~ FIoJ:ida 34102 . . . 2. CeIIt1Idl'..... TUluadPhoueNaaber. . . Naae: ;Dr. be. ~ NIIbInIlR-:.~.xs ~ AddruI; :zso ~ CiIcIe ' N~FL34102 . . . Phaae: 213-1031 FAX: 213-7130 . . . ". ~. ~;.~~iadTitle: am JJ!IDICtt. ~r .. D.ilnf:PrD.feCt-~q.doa IIIlIU.....:o-11ftJu . 'The 1994 DodoI:s Pus IDIIot ).1'....... .. - PllatI1pCCific:s ....lnt~ dl:edgiDa of : . a ft.lnm..nn of4O.OOQ culJk, imds of~1e said tiomtbcPlIlI8!Ui:l tlri iu.p..-nM......... b!sfI1 on a lbvr-~ ~ ''IhD 40.000 oubIc Jard ~,i.""- . . basin w.- c::IllIlVIItid in 1996 and tbc secoDd mni............. chedgiag lMal.1uok; pl8co in 200111Dd2002. It snowtlmlltbr IIIlDtbcr "-I" projei:L The City hris eugaged a ...;",.",!tIng ~ to obtaiD 11ft' ~o.ycar po . ...11_ .iion11he Jtatc 8Dd fcdcral~ aa-=. S; EsfIin.mod proJlpCt dart date: Ot"May 2005 " ',' c 6.EPb- project dlll'lltlon: &!X IDIltldls . . 7. TcnalTDCTuFlUlIlialleq'llMedJ $5.98,500 &. . Iftbe f1ID _t I'lllJllt!ItelI illmBot b~ awarded, ... tbe programJprojed be ~ to ......,.....liIIldeaamaller_~7 '. '. " Ya ( ) No (X). . P1 J- O/-(Pt .' .)' DOCTORS PASS ' I:IclcUft I"!- M"'~ DraclgIn8 Loftt FllUIgII BlIIIget Ed.. , . FV 2008 PermIt.fees " Acldll\O!llll plWIlllIng swill.. & iurveys . final dealgn I bidding CQn8Itucllon &elY!cM ChlInilel ClI'edQIns , . Pm-canltrucllal1 mcnltllririQ E8tIlIl.a1lld cast' .. $8,500 .$35,000 $30,000 -Ilpo $426.000 $75,000 1/598,60D - Agenda Item No. 10f-;, Agen!fGi!fetT\'llIa~4j6J:l5l~ ' . FebrLJa~,120053 . , ' ,Page12,of14 ' ., Aoenda Item No 16F5 February 14. 2006 Agenda I~o. 11"51i'/139 . February 22. 2005 . Page 13 of 14 I: . J: . I ry FY'2013dD1.4 Doclora PaM ~ Dn.dBI~ Long.Range .Budget letlmat. .,(Fo~ 16o.......,~~IlUd. AW"-'-.......... .~. ,....,.n; CanIlnIclIon ...... ChIiviII ~ CanIln.tcIIon envtramMntaI ~ . S'T8,OOO S41,Dl1D , $34,Dl1D $5TQ,llOO 4m ~.....y.. -..-INllIIlrlri. . . ..~IIIII~drIdgIng~ 1<4,00!l o.y~.1IIlOIIng ... '. ..$8J11l1c.V.1Ol CClIl ' S1'Fll.llOO mClbl'amob_ . No .....Illnm_ m.ctI found lIur1ng 1llOIlIIiot1oQ , No ~1'ICIthf . . '.. ,( .. LI pt {p p1 :T )' . . .. 'j .' CDmar COmlt1?::oUrlit~' ..- Cmmd ~..."..A"GrultApplcadn ~2.' ~PIIIIU";'.I__fllD!!: niwt~ ,~~fTBtlDGET . fRlV3I UI 'I!r .n.t'Ir.NT '!'DC...... R~'~_:-bJ . QfIl'allllD/mlat S.... 8...........8... ............ . . TOTAL AMOUNT S 598.soo 'S S S. s S9O,0fl0 . ., .eoact'icxPENsEsi . . ~ MolA....ll, CaIdru:Ior.Modorbig,eII:) . . ). PmDit :&s AM1till~J-'-l..IJI~..& ~8Dd.lMIIo..~I. FlDai~igll8lldltlddb1lf .. . c.;..4l.uClloD~ . ~rc\tedsiDI .. . . . . . . .. ~pII'll\d.8.'" .. 'tOTAL I ij s 8,.500:. S 35,000 S 30,000 . 5 25.000 S 425.000 . S 75.000 S S98,5OO .. ^goAEla liefi'! f'Jo. 16FE Agenlitillnl!lf'il(l'lo~ ~6 Feb~l!2\~99 . . page1~of'4 " , I me rMCldle TD1Il'i8t ~ ~.,."A" ....1\.._ PolleT 1lGl.",~ ~ na' ,..Lh .............. pall ...><1.;... ._d ....tJad III;)' .....a-H- wJII COJII)Il.1wit1lli1J I'd '~...d ..;.~ . I . . ~......ef~g'lOro...- t ''''s~otIcial Date.. .) . (; p'l S" DJ: . Agenda Item No. 16F5 February 14, 2006 Page 19 of 39 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance APPLICATION FOR AMENDMENT TO AN EXISTING GRANT Doctors Pass Maintenance Dredging 1. Name and Address of Project Sponsor Organization: City of Naples 735 Eighth Street South Naples, Florida 34102 2. Contact Persons, Titles and Phone Numbers: Michael R. Bauer, Natural Resources Manager, 239-213-7120 David Lykins, Director of Community Services, 239-213-7120 280 Riverside Circle Naples, FL 34102 3. Organization's Chief Official and Title: William Barnett, Mayor Name: Address: 4. Project Description [and location]: Doctors Pass connects the Moorings Bay waterway to the Gulf of Mexico and provides thousands of pleasure boaters with access to the Gulf. The Pass shoals in at an annual rate of approximately 40,000 cubic yards per year, resulting in ongoing maintenance dredging on a three/four-year cycle. The Pass was last excavated in 2001/2002. Currently, the Pass is filling with sand and shoals have built up; ingress and egress are beginning to be restricted. The City was notified on October 13, 2005 of increased costs for the dredging of Doctors Pass amounting to $118,663.86 due to increases in fuel, changes in scheduling and possible weather problems stemming from a later commencement date than originally expected, and other issues concerning the scope of the contract. The originally estimated cost for this project, without benefit of actual bidding was $425,000.00. Upon bid opening, the lowest bid was $550,000.00 (Lake Michigan Contractors, Inc.). The Board of Collier County Commissioners provided an increase in the initial grant for the additional $125,000.00. Agenda Item No. 16F5 February 14, 2006 Page 20 of 39 Grant Applicatinn Page 2 The additional $118,663.86 in costs for this project now requires a second amendment of the Category A IDC grant agreement between Collier County and the City of Naples. This application for a second amendment to the original grant is a request for $118,663.86, which is the amount of additional funds needed from the Toe to compensate for the aforementioned costs. 5. Estimated project start date: Nov 8, 2005 6. Estimated project duration: 30 days 7. Total requested: $118,663.86 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) Agenda Item No. 16F5 February 14, 2006 Page 21 of 39 Docton Pass Maintenance Dredl!inl! PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 118,663.86 TOTAL $ 118,663,86 PROJECT EXPENSES (Engineering, Mobilization, Contractor, Monitoring etc) Lake Michigan Contractors, Inc. -- Channel Dredging Coastal Planning and Engineering -- Monitoring and Engineering $ 668,663.86 17,350.00 TOTAL $ 842,163.86 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date Agenda Item No. 16F5 February 14, 2006 Page 22 of 39 . January 12, 2006 1"'_ New Business VII-1 ......1JNCIL 5 of 22 DEADI.INE TO CITY MANAGER'S OFFICE: {SEC. 2-43, CODE OF ORDINANCES *REGULAR MEETINGS AND WORKSHOPS: NOON ON TUESDAY, 15 DAYS PRIOR TO REGULAR MEETING. ADDED ITEMS WILL BE REQUESTED THE DAY OF THE MEE11NG FOR CITY COUNCIL ApPROVAL. FROM: DAVID M. LYIINS . REGuLAR MmmNo X DI!PT CSD WORKSHOP DMSION NAT RES MmmNo DATE: DECEMBER 7, 2005 SuGGESTED AOBNDA TrrLE!: CONSIDER A SECOND .AMENDMENT TO THE 2005 CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR THE MAINTENANCE DREDGING OF DOCTORS PASS. \~, The following items should be attached with this agenda item request (please check all that are applicable): ..J.. Cover Memo ~ Diagrams, Drawings, etc (17 copies) ..J.. Resolution _ Ordinance _ AgJ:'eement f.Contract Tune Certain Requested? _Yes ----No _amlpm Attach 0rigiDal Plus 3 Copies Each Of cover memo, attachments and resolution or ordinance. All docUIllClltatiOll should be 8112 x 11 except drawings (which IDI1Sl be folded). Use paper or binder clips... do not staple. Do ROt separate this form prior to submission Reminder: Agendt:i item requests must be complete prior to submission to the City Managers office. Incomplere agenda Ttquests will be mumedfor correction, additional information and delayed until the nut meeting. Please malc4 sure you have comrJl<<ted all sections of this form and adhered to the deDdJ.ine listed abO\le. Thank you. Received Stamp To City Attorney Date To City Manager Date Approved by City Attorney Date To Mayor (FYI) Date Cop, DIIlrihatlo1l: WhIte - City ~ I YoIIDw- City AlIoru1 I P\Dk- J'Ile I GoI4- Mqor ~~,~-_._-----_._---- ^o",nd? It..t:l'l ~IG 11J~. February 14, 2006 Page 23 of 39 January 12, 2006 New Business VII-1 .' 6~~ 1llaIU$a.ft~~~~ CONSIDER. A SECOND AMENDMENT TO TBI! 2005 CATIlGORY MAw . ToolusT DIlVELOPMIlNT COUNCIL GllANT .AGlu!IlMBNT BIl'IWEEN COWER. COUNTY AND TBI! crrr OF NAPLI!S FOil THE MAINTENANCE DIUlDGING OFDocrou PASS MmmNGOFDECI'lMBflR 7. 2OlJ5 - AGENDA ITIlM StlBMlTI'ED 1lY crrr MANAGI!:ll D1l. ROBIl1lT E. T "" llJlcoMMBNDATION: City Council appmvaI of a secood.lU1'Ie1ldmenI: to the Category A Tourist Development Council. grant agreeaelt between Collier County and the City Of Naples for the Doctors Pass dzedging project in the amount Of $11,8,663.86. AurHORIZAnDN: Section 1.4 Cl1arter cif the City of Naples. I"" BACKGROUND: The Oty was ~ by the Doctors Pll$ dredging contractor on October 13, 2005 that they were incurring ~ alSl8 for the cl:edglng Of Doctors Pass lIlIIDU1lting to $118,663.86 due to increases in fueJ., changes in sc:hedullng, possible weather problems stemming ~ a later commexu:ement date. than originally expected, and other issues cxmcerriing the scope of the contract The a-1.-1m""llll alSl8 for 1his project required an amet1dment of the contract with Lake Michigan Comractnrs, Inc., and a budget ameruhuent A"t>.u".iating the J1'!Cessary additianlll. fund balance to the Moorings Bay Special Taxing Distrlct Fund. 1loth of these items were approved. by City Coundl an October 19, 2005. Subsequently, the Moai'.Ings Bay Special Taxing District Advisory Ctm:u:nl.tl2e (MBSTDAq passed a motion to rea>4w.end amendment of the Tourist Developmeot Cou:odl grant agreement between Collier County and the Oty of Naples for an additional funding request in the above amount. Petitioner Michael R. Bauer, Ph.D., Natural Resources Manager. . FIscAL lMPAcrlFtlNDING SoVllCll: There are no fiscal impllCtll.aritidpated as. a result Of this request due to all costs being reimbursed to the City through Tourist Development Council funding. . ern COUNCIL ACTION: C=_-- - G Memo Agenda Item No. 16F5 February 14, 2006 Page 24 of 39 January 12, 2006 New Business VII-1 Community Servlce$ Deparldiiht P8tfcs and Parlcways . Rect8Btion . Natural Resources. Facilities Maintenance TO: FROM: THROUGH: DATE: SUBJECT: Dr. Robert E. Lee, City Manager David M. Lykins, Community Services Director Dr. Michael A Bauer, Natural Resources Manager . . Novernber10,2005 Doctors Pass Dreclging Project - TOC Grant Amendment {)p The.originally estimated cost for the dredging of DodDra Pas was $425,000.00, and a grant was ob1a1ned from CoHler County tOurlat dmlopm"nt funds for that amount However, the l0W88tbld for that project came in at $550,000.00 from Lake Michigan Contractors, Inc. The City sought an amendment to the grant for the IIlCI'88Ie of $118,663.86, and the amendment . was approved by City Council on October 19, 2005 Increasing the total projec;t costs to $668,663.86. The contractor for the dredging project previously Infonned the city of increased costs incurred by their company in the amount of $118,663.86 due to stated Increases in fuel, changes in . I. scheduling, poaaIble weather problems stemming from a later start than originally expected . and other Issues concerning the scope of the contract. The Moorings Bay Special Taxing \ District Advisory Committee (MBSTOAC) revIewecI this Issue as an add-on Item during their Tuesday October 18, 2005 regular rnMting 8J)d passed a motion recommending that City Council amend the existing contraot for the dredging to cover the Increaaed coats. City Council subsequently agreed to do so during the October 19, 2005 meeting. The MBSTDAC also reviewed the need to apply for an amendment to the existing grant for the dredging that originates from Collier County Tourist Development taxes to ,cover the additional costs thus Insuring a full reimbul'lI8ment for all costa associated with the Doctors Pess dredging project. The MBSTDAC is requesting that the City submit a second amendment to the Collier County Tourist Development Grant to cover the cost increases In'costs Incurred by the contractor in the amount of $118,663.86. . We recommend your approval of this request and have prepared documents for City Council consideration and approval.' . . ~~Je&... 9"-...;.,,&>~~~ ~.,,~mJ~....a6. ___,.._.~__..._,_m_._..__._..-_m.'~ I I I. I I ! I I I I I I I I I I , 1-- ..,j' hgQnda Item ~je. 1 €JF!i February 14, 2006 Page.25 of 39 January 12, 2006 New Business VII-1 Ag.nd.8tet.ll2 Meeting o~ 12/07/05 RIl~Zaf OS- A :u:aawnaf APIlROVDlQ A'. SZCX'IID .l'~ !EO A 2005. CA!l!lQORX A !fOU1UIT lXYJ'T~ COllIlCn ~ "'_&_-"'1: .BII:!IlaN ronrTT'n> c:omr.n .\lID 'fill CITY OJ' ~S II'OIl ~ tlRIIlo;:ac 01' ~'B PASS; AMI) ........v.w.DIG Mr U'J'&C'J!ZVK DAD. ~D'Il'U7 ......,.v, WJnI!'9W!U, WHI:JiI:BAS , WBlnAS , the Florida Oepertment of Environmental Protection' and the U . S. Army Corps of Engineers have approved lIlaintenance dredging. of 60, 000 cubic yarda of beach-compatible sand from Doctors Pass; and low bidder for the' construction phase of the project was Lake MiChigan Contractors, Inc. at $550,000; the Moorings Bay Special Taxing District Advisory Committee recOJll1!lended approval of this bid; .and Naples City Council approved. the contract with this firm on June 15, 2005; and an additional $116,663.66 was requested by the contractor to cover increased costs in fuel, changes in scheduling, possible weather problems stemming from a later commencement date than originally e~eoted, and other issues concerning the.seope of the contract; and . the City approved an amendment to the contract for the dredging of Doctors Pass that increased the payments for this service by $118,663.86 on October 19, 2005; and it is in the. best interests of the City to safeguard and improve the navigational waters of the Moorings Bay Waterways System; ~ 1lect.i0l1 1. -, ~''''''''', BII: IT 1lJ:8OLVED Br. 'fill COllllCn. OJ' '!lIB CIn OF NloPUlI, n.t't1:lT1:lA: IIeot:.im1 2. L That a second amendment to the 2005 Category A . Tourist Development Council Gr;lnt Agreement between Collier County and the. City of Naples for maintenance dredging of Doctor' 5 Pass requesting an additional $118,663.86 is hereby approved, a copy of which is on file in the City Clerk's Office. . This resolution shall 'take effect immediately upon adoption. !e I I ! I I I. I -"_..~-_._._--- Agpnti~ ItAm No 16i=t:; February 14, 2006 Page 26 of 39 January 12, 2006 New BusinessVII-1 I'Io88&Il Dr C)ft;If UD _ ...1CII 01' _. ern' <.1:..,.... . .. 01' _ c:ift 01' 1lll~?2 . lI'LClRII>>;, DI8 7ft DAr 01' ~ - 2005. Attest: B~ll Barnett, Mayor Approved as to form and legality: Tara A. Norman, City Clerk Robert D~ Pritt, City Attorney Date filed with City Clerk: . --~_.,~"--"..__.._,._.- -- , . .", .~ I d=~ /. -, 1/ _A>PJ.lC.l.n<lN , 1-'" // ~I"""" .. ... ) ..... . 1 , _.~ ~t OrTBltLOWDbMn..IC PAaltPAVR..lON . -_do) \~,. ==,'\\' =~.....- I'.. _,,- Conlllo! Parson,. Tltle9 and Phon. Numb....: . \, \ _,_ ~ ~~;!; ~ ~~"~" \',,-, ~: :~~ . =t:: 'J;'."j Ol'l!llnlzatloD's CblafOmeialand Title: " \~\ William _ Mavor ________._. ._~\,.~% )'Joject DacriptIoa land location I: "\ Doctors Pass COnnects the MoNrinO:oll Bav waterway to the Gulf of Mexico md \ nrovides: tboubndl; of nleasure bo~ with acces.q to the Gulf. The PalU ~hnA I~ 'II, in at lID. annual nteofanmmrfm.tli!1v4Q 000 cubievardsnerve&r. resultiri.l! in \~ Oll2Oinrt main""""".e drNIoino on a tbreeff'oWW08T ev.le. The Pass was 1ast \ '\ excavated in 200112002. Cu.tTentlv. the Pas..<lI is filling with un" and shnals have \\:,'\:.. buih un: in2ress and ~llrM."l are M";l'I"il'la to be restricted. . \ ... '! \ \ \ COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION :ae.eh R.ea.ouriskmeat .ad Poi Matnb._nu APPLICATION FOR AMENDMENT TO AN' .EXISTING GRANT Dodon Pass MaU;teauce >>red.. 1. ~a_ and A~!t'!N or ro' .....tIoa: '- _no H.. City ofNaoles 735 Biuhth Street South Nanles. Florida 341 02. 2. 3. 4. The Citv was notified on October 13. 2005 ofincreued costs for the dredcrina of DoctoIll Pas. amountiruz to $118.663.86 due to increases in fuel chanllO. in scheduling and nossible weather Dmblems !IJtfmlmiml from a later Commencement date than orhrinaJJv P.YI"W'!cted.. and other issues conceminll the scone ~f' the; ~ .. ~ ~~d ~~ ie .thut~efit f~ ~ddin~ was $4~~~ ~O. U:on b~ oooninrt. = low: b~ was sssri.oOO.oo \ fT .Ak~ Michiaan Contractors Inc.\. 'The Board ofCo)1ier CoWItv ('.nmmi~~~~~ \ nrovided an increase in the initial2J'8llt for tho additional $125.000.00. . \ " ',,' ~ Agenda Item No. 16F5 February 14, 2006 Page 27 of 39 January 12, 2006 ~~~ ._ 1 ,\ - .. \ \\ ...... - . II _. .. , -: " -, \ ,. f\..u...... aUltets and kumberlno .\ ,\\ -. !~ 0lIIlIIed; Dr-. _c. StCa=r \\' ~~ 1030 \\ -" \.i, -, f r:::T.1 " - ;\\, , 11\' """ r eu_....Numberlf19 \1'.,\ -, r..:Tsi ~!\\\ ~IBoaDiclt.~ '\\',\ , 'l\. ~T_I.IW'___ 'm \i ~V'2OI ll'l -. ., f..:r&r \\ -., \, .......1....., \ -, oea.t.d: 1be ~"-=t ...rn 0 _,..,,_....s""~ " - """"""""- \\ \ - ~:m.~l>>lIIIlhlriDar:::rti'l Agenda Item No. 16F5 February 14, 2006 Page 28 of 39 amendment of the C'.alemTV A TOC 2!'1Int nsrreemeftt between Collier County and the City ofNanles. ~ - ~'. .&It .....otIbt_W'idl:L.tA ~c-.-._.lIUlIp ..........~. _' , 1bI.--y ----.. J -Iloy---- h:M!.Bodlof......... ... 10 _f -................ -- --- ".12 , '- ("7ft_. A-"-"- bII.1 y....u...._ No"W.__ . ~ ~......I:ltlllia 1~~ ,=~".,.f '" H lX\\ ~~, '~~=' "~=' \1\\~. ,. , j,_''''''UOO$ '\ \~\ DeIrad; Maocm"~ ~. 1 [11_ \\ . V-... \" hi. f} Bullets and Numbering ~'I,)., ~ ~. Builetsand fNmbefino -.. _. -- , ~ 5. Estimated oroi..! ,tart date: Nov S:jOOS: 7. .Totalnauested: $118.663.86- 8. 11:d1e~!La_..! !:!!.'l~."!I-~~~.!1!~~"!'" tIle..p~_~ be .__M tD aceo..lIIOCIale a omaIIer award? , . ,..,17 ,. -..".. 0iIIlIIIIiIdI,..,.. ~:---.......-...,-> _,.. ...-- \ . oew.r: 15,000 \'\ w.e.dt Wi.W. :l~: , ~ Caa.~ 16 , '\-- ::~.t ,. II DIlIIltd .1 " i. DlI6IIt8d:f -., , _., r:::TWTi 'ro.llllatl~~'l i - ,~1~ \-. I ,. 1.8 "7.:'"T9 .. -"~~_._----_._.,~- Agenda Item No. 16F5 February 14, 2006 Page 29 of 39 e ~ ~ January 12, 2006 New . DoctDn Pull Mahtte...ee,DrechrIn.. -, -, - -" .-. -, 22 PRojEcT BUDGET TOe 'J:1mnc Reauested . Citvtraxina- District Share State ofFlmida ~... FedemI S~ , \ AMOUNT \: \':'-, 5118663,86 I t.1 It=' '\\~'(-' .i-' 511&66386 I ,,_, \I\~ , , ~.'\'I -" \1 i', \\\\~._..._..--.... 1\,'\ _'~1. $ n8.663,86 \'. \ I _ '"""""P.... \, i-: ____I~.." . . \'\"-' TOTAL. $ 118.663.86 \, I'"~ _, ACTTWIV Iii: . '.' .1 >, 0eeIIIIdJ . ~V.;:~ ~~~Dm"j Calevorv "f ~e~~~~~~.riI"! \, '!,~ _ "'- beaeb nmonrisbment aDd Dag "'IIJnt.enauCt!l aDd a2l'ee that mv OI'DDiza&~ wID \\, ~:. 'oj \ aU ldelln.. aod crlterio.' . \~f - 11$.000 \"'.~1\~\ =:';>>01 j., ';\ o.IIitlIdt II' i -' I i\\' t\\.\ ~1'OTA.L.. . . . '\ ,\,\\; _ 11$...., DalAl \\\_, \\:~l' il.li '\\~li ::: \\\, \t~:""'P '\i_, ,._\-~~"'.L""'H.oao'lrill \"\~1{ ,\\\ - o.IIadI'I r.:135i \\1 - MOOlUNOIlllAY "l ... [36 \:\ -,..- -.I.::::rm :,~, """"1' r::-t3.S ,\-, ) " ,-",..,.- ) , -., r:::139f1 "''''''11 ~ ..PROGRAM ELEMENT , TOTAL . PRo.nr.cr Jr.Y"P1r.NSES tElllriaeertn... Mohllh:.tiolL Contractor. MonitDriDp ete) , Lake Michian Cont:ra.ctors. Inc. t"hsnnll'll Drwt;oing- .--..-:t 1:..r311 I..Till Sinature of SooDlOr OF"l!aDiDtiOD's Cb~f OtrlCial r:-n;rr LIb.- " 34 . I , \e I I I e Auedda it"'1I I~u. 161'5 February 14, 2006 Page 30 of 39 January 12, 2006 New Business VII-1 13 of 22 M/lSJ"'''''~t ,."...':!,;ro'lI!iIlIIlli(.~'. .' ..;.'0... :.,~,: ....-i i 111> '\l;!lIiIJililW ;.' (Beach improvement, mailJt""""...e, renoun.ohm"",t. IestoraliOll and erosion 'control, including pass and inlet 1TUlintfl!nJmce) .' .......1.ltlllti.. T. ::, :,:' ;,~:..;~~.:,f o. >oj..:: ' . '<,c:<'.::"i-.:::iAIWlillMllf._"":: .....,.,l.00DIIiIICIIII.'. " .' .: ....~_ .. ['''lll'' .1.. C';,;,". .' ..04/:g/......~ Completed applications shall be submitted to the following address: A.dmiDistxator Collier County' Tourist Development Council County' Manager's Office 3301 East TA11'\iAl"; Trail Naples, FL 34112 "- 1:[41 a.-.. -~r..a'll'i cn.r~12IP .,....- ...... I: 0 [5] DIIiIICIIII William Barnett ~ 01/719/- QlI'5!ioOO . "-1l [I] DIIiIICIIII ~ 01/Tl/'1lillfS ...~ .....~,im~ ........~~ftJ The original project proposed was to repair the deteriorated struCture of the Lowdermilk Park Pavilion, 1309 Gulf ShoIe Boulevard North, and to renovate it in order to bring the food preparation and food storage areas and the batIu:ooms into compliance with the health and buildi"g codes and to bring the whole facility into compliance with the Americans With Disabilities Act. Staff abandoned the initial scope of work as original1y envisioned as a renovation, wherein Architectural Concepts 0 provided preliminary design work. Due to tiJne lapse from the original project date, petmit applications required a more recent boundaIy survey that was contacted with Hole Montes, Inc. Following a thorough value engineering analysis of the project it was deteImined that it was more cost- effeCtive to renlace the strU.cture 'f'A'thP.T than lmd~lrfl! its n-nnvsmon. ---_.,'-_.__._.--~ --"-""~ c.'-'-----_..._____ ,. .., ~ Agenda Item No. 16F5 February 14: 2006 Page 31 of 39 . . January 12, 2006 New Business VII-1 14 of 22 . . The contract method COQSiSted of 111 advertised RFQ(Rcquest fur Proposal) for . obtaining cOnstruction ManagemCllt at R.isIt Services for the actual C9~0II. Architectwal design; with drawings, was completed by City staff. Through a competitive mterviewand selection ~ by a review COIIlIIlittee appointed by the city Council, OAK.. was selected 10 provide const:rudion . ,,:,.,...'1;.' .'Wtc~:r.;:'n~:;~PtJi\~;";:'.~~:'- '1,..,"fi;r,:44;:f";)~~:.. ,'ar, ..... . . The Moo~ B~'8PeCJ;i i~ DistriCt Ad~ 'CoIl1Illittce (MBSTDAC) levie\ved this issue as an add-on item during their Tuesday Oct:obcr 18, 2005 regular meeting and after a brid discussion, passed a motion to approve the additional funding request with a reenm""""".mQn to City Council for approval. :..... l~,.;':-:.5';..~;~Yr:~}:~;i~~m'~~~~:~i:!~..~:~~ ",;:::~'~~.~?<~;~".~r\:i\-~l~ti';: in project costs duriDg the August 17, 2005 meeting. The City Council approval was re<:ently forwarded to the TQUrist DeVclopmeat Council Collier County Tourist DeveIopmeDt CouncIl '-.1>ncG'.;;;;'S'."" '.S!,,;::';,:['+<>~:r"",..., >~.'''";.. (!DC) and fimding was granted as requested. . ........2:.~~'(:?;?!;;';~'7':,.j.;?:';I;';.:,~:Ej',';.r;'.W::wa"'/"t.'.i;""""('".,'::..';.'\j(~_,.~'IiIli''' required a first az:n""tim'.lllt of the contract with LaIa: Michigan Contral:tors, Inc., and a budget Am""dment appropriating the neces5llly additional fund balance within the Moorings Bay Special Taxing District Fund. Both of 1hese items wen approved and the tolIIl project cost with this imeDdment is now IIIIticipated to be $668,663.86. This additional fimdiDg . .....:11 [11] - Ilfubr 11/fl1/"Z1111l5__ initial funding for this project came from a grant awarded to the City ofNap1es from the Collier County Board of County Commi_'lioners that iDcluded construction phase costs in the amountof$42S,oOo. However, the low bid for this phase of the project was from Lake Michigan Contractors, Inc. and ClInle in at $550,000. This was due, in part, to an increase in the qwm1ity ofmaterla1 neerling to be dredged from 40,000 cubic yards 10 60,000 cubic yards as a resu1tof . increased shoaling. Further, the mobilization costs involved in perfonning the dledging were higher than anticipated; The Moorings Bay Taxing District Advisory Committee =mmp'."I..n approval of this bid, and Naples City Council approved itonIune 15,2005. t,'i~ . ; ~'::':';< ...,'-.;"'r_.<....~ CoOler CoUllty TOlIrUt Developmeat COllllCU Grot AppIicatioo Pap 2 '-:1:[11]_ n '-2:[11]_ 125,000, "-:II [U]- - 11111II/21105 ~ - I1/D7/_15:12:1IlI kfuhr 11/fl1I'11K1515:12:OO Agenda Item No. 16F5 February 14, 2006 Page 32 of 39 . January 12, 2006 New Business VII-1 15 of 22 difference between the initial amount awarded forthc construI:tion phase of the project and the low bid. ~~'~'#:~"-'\"'."\'-:;~"'''''',,;f'';il.llMJIi..''i;:i'&'':'~\''~:;'itt't~ljf1B1iJI!I!!iM.'.. services for this project. Collier COIUIty lfoarllt DenIoplllo.t Couaell Grot AppIkatIoa PIp 1 . Owen Ames Kimball Company (OAK.), the conttactor selected for the original project, has agreed to a guaranteed maximum price of$325,620 to replace the strUCtUre. J:~~'i,:,,:',';:7'iC;::":' ;.y....!.,JtI.lL <l'.:h'.':":'...;'::.'.i':';,~ C.(L~.to . This proposed amendment is to request an additiOIllll 5150,000, which includes OAK's guaranteed maximum price, other project element costs (see below) less the existing grant amount of $216,425.00 and to amend the wording to reflect reo1acement of the Pavilion structure instead ofits renovation. '~~mn!(!jtl.~<.>..{:,... ." '. ""t"t r!r as SOQll as awarded. The contractor has been undertake the project immediately ..... :z: [16] _ 9 ". ":f""f.ilI!l!IIf~'_ selected and they are prepared to . Id'uIIr 11/08/2D05 14l18:00 Ie ..... 2: [16] _ Id'uIIr 11/111/'lIJt05 15:15:00 ..... 2: [17J- ~.4klF'" Dt.fD/~ 1IlO8:QO .....:z: [17]- 1dII*~ 01/2ll/ZtI0318:UkOlI f*~(UIJ""" ....... 0III~I:zQ05111:lM11 Costs to complete the project iDcladea: O.A.K. contract of 5315,620, other project element costs ofS40,805 for a total of 5366,425,_ 5216,425 original1y approved .. ($150.000 additional fundinlf needed) ..... 2:[9] DeI_ ~ 01/27/_ 18:CIlI:OO .....:z: [D] _ ""plll_ Collior County Tourist Development C01IDCU G:ant Applicalian !'ago 2 .....2:[20]_ 1oA..._.T_allY D1/27J2OQ 18:02:80 04/13/2000 aHI1;DO EstimAlcd project $1lIrt date: . Agenda Item No. 16F5 February 14, 2006 Page 33 of 39 . J .~ January 12, 2006 New Business VII-1 160f22 :":.___o:a:r.I!_!k., ;;"'Lf: '." .:.,.IoJl)o,.,I4tlll.'.\l, T~;Jl'" .' :,' .:; '. ..,HnI/3Q11!UlIIll!I!'IO" . Elltimated project duration: 7. Total amollDt requested: ..... 31 [22] DoIetiod ~ 01/02/21103 12:OlI:00 Identify the goals and objectivea for the project: ..... 31 [23] _ lto.lllrona1d 11/25/2002 07:42100 Describe what benefits will be received from the project: .....31[:14]_ '-- 11/25/'1110207:42:00 Describe how the effectiveness of the project will be evaluated: ..... 3: [25]_ -- 11/25/_ 07:4ZlC1O Describe how the project .."h.,,-:es existing County Tourist Development PJ'OlP'lUDS: ..... 31 [D] _ hcMIInnoId 11/25/2002 07:42100 Describe how flDancial resources will be monitored: . . . Agenda Item No. 16F5 February 14, 2006 Page 34 of 39 January 12, 2006 New Business VII-1 . 17 of 22 Collier COllDty Tourist'Developmeat COllDeD Grant Application Page 3 PI_ complete the foUowblg qnestiou and prvvide additioual Information, if aece..''''Y: . Does the propoleCl upeadituro fvthcr the objectives outi1ned in the Minion Statement? . Yes ( ) No( ) Does the proposed expeaditure fairly distribute monies to different geographic areas of the County? . Yes ( ) No( ) Does the proposed expenditure promote euviroDmental awareness and UDdemaacliog and does the propoleCl project address eaviroomeatal . eouideratiollS? Yes ( ) No( ) Is the propolled project part of the ongoing Collier CoUDty beach restOration project lUldIor pus malnteDanceldredginglmauagement projeels? . Yes ( ) No( ) Is the proposed Project required by a regulatory agency as . condition for .pproval/f1mding the Collier COUDty beach restoration Pl'1ljectll? Yes ( ) No( ) Will the proposed project contribute aigPj!'i-utly to the progress of the beach restoration projects? Yes ( ) No( ) Will the project decrease the local COlt share of an overaO beach restoration project, either by decreaainl the total project cost or by inc:reasinl the localInon-local ratio? Yes ( ) No( ) ~~-"._--,.._~..._._._.--- e' .4 .--9 Agenda Item No. 16F5 February 14, 2006 Page 35 of 39 January 12, 2006 New Business VII-1 18 of 22 Col1ier County Tolll'ilt Development Coaacil Gnat Appliclltion Pille 4 Will the project improve 1IIldentanding of alternative technologies that may cenUibate to . cost-effective beach reItoration project? Yes ( ) No( ) Is there a potential for an alternativelm....hhlg f'vnding source? Yes ( ) No( ) If "Yes", please identify Is the project CODlliateDt with the CoWer County Growth Management Plan and/or standing Board oCCounty Commluion action? Yes ( ) No( ) Has the project been. reviewed and reco_ded by the Beach Renouri.abmeutlMaintenance Advisory Coaunlttee? I have read the Beach Renouriohm""t and Pass Gllidl:li()~ and criteria and agree that my organization will comply with all guidelines and criteria. JcffBihbv. P.E.. Director. Public Worn Rnain-nna Department Sigwrture of Organi...mnu's Chief Official or Designee. Date: -. " . . . Agenda Item No. 16F5 February 14, 2006 Page 36 of 39 January 12, 2006 New Business VII-1 . 190f22 *Director of Office of Capital Projects Management authorized to sign Category .. A" app1icati01lS . on behalf of the Chairman of the Board' of County Co1n1n;...nnners. Approved by Board of Co1lll1yO...mrni.sioners on August 24, 1m, Agenda Item . 16(H)(2). Director of Office of Capital Projects :r..r-..o.r_ position was ....._ed to DireCtor of Public Works F.t1gin-.ring effective October 1998. Collier County Tourist Developmeat COIIBc1I Grant AppIkatioD PageS . RlII'.l2n.... ." ,I!..J'.~ lI2I~~.... ,4IIiiil'.1..Ii:i.i. lr.' ..... ':'>c'UlliiJjf;; ,,\ C" ._t.:<,'.~iJinIlH ," REPLACEMENT OF THE LOWDERMILK PARKPA VllJON "-3; [2t] _ ~ OlI/OI/:zaoz 15:05:00 WIGGINS PASS MAINTENANCE: DREDGING ....3;_~a..lI.4l,-.. . ". ftWt1J....-- (project title) '.._m.uH ~:; ........ Engineering services $17,945 Misc. costs (portable toilet rental, blueprinting) Permit! Application Fees OAK.. Construction contract (see attached detail) ...(3;11.... .... TOTAL "- 3; [33J _ Eo. pi ._ , ..~".l',l!O $18,860 $ 4,000 5325.620 MI3I.12IIIS:.. c.-_, 10 5366,425 o1/'D/'1IJD 1I:u:eo "-3; [34l- _ H/3Of2II05_tIll Beach ReDourishmeDt and Pus Gukl...llnea and criteria and agree that .... 3: [35] _ IIIIpl_ 01/31/2003 l2:U:OO -~------- ~--~.,._-_._-~ Agenda Item No. 16F5 February 14, 2006 Page 37 of 39 . . .. January 12, 2006 New Business VII-1 . 20 of 22 ..... 3: [3lI] ~ Id\Ihr 1.11111/...15111:00 MOORINGS BAY SPECIAL TAXING DISTRICT ADVISORY COMMI'ITEE . MAY25,2oo, DOCTORS PASS MAINTENANCB DREDGING BID PROPOSALS Qi~ MnhInMrIl'Ih 60 KJvdA Ii} nit SOUlhwind $376,S53 $7.()4 $422,400 ~ Miehigan $390,000 $2.50 $150,000 Subaqueous $150,000 $27.00 $1,620,000 'Imbidltv M<ritnr ToIaI $29.400 $&28,3&3 $10,000 mo,qoo $30,000 $1,800,000 ..... 3: &:n'111l1\.arl ,.- ...~ " -III ' ., e or Deaipe c. . " '~"'.'; .'oe~~",. ..'fI!!eoI:~fIII1~' ";''!III__''o' ; .....3: [:-.I.~ a ~.1I. 0112:1".. .....u:ao ;..J , "Director of Office of Capital PrqjcctS ManagcmClll aulhorizcd to sian Catc&OtY. K app!icllions 011 bfhaIf of the CbaiJman of 1he Board of Cowrty Cnmm;..;""er'a. Approved by Boord of COUllty Ccmmluioncn on August 24, 1993, Agenda Item. 16(H)(2). Dircc:tor of 0fIice of Capital Prqj_ ~.Vn"::nt position was . nnamed to Di=tor of Public Works Engln"Olins cffcc:tiveOc:tober 1998 IUd is cumntly Director of PublicUtiliti.. Rngin....nng. hge3.[40J_ ~ 09/25/__114000100 .... Agenda Item No. 16F5 February 14, 2006 Page 38 of 39 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE#. BAR# A.PH, Date Fund Number 195 Fund Description Beach RenourishmentlPass Maintenance Date Prepared: 12/22/05 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Fund 195 Reserves Reserves-Board FdCtrNo.: 919010 WBS No.: 991951 (Provide the Fund Center or WBS element infonnation~ it is not reauired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et 919010 991951 991000 Reserves for ($243,668.86) $834.100.00 $590,436.14 Contingencies Net Change to Budget ($243,663.86) Fund Center Title: WBS Element Title: d Expense Budget Detail TOC Beach Renourishment Grant Doctors Pass Maint Dredging FY05 195 Fd Ctr No.: 110408 WBS No.: 905501 (Provide the Fun Center or WBS element inf()rmation~ it is not required to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Budl!et 110406 905501 881300 Remittances to Other $243.663.86 $598,500 $842,163.86 Governmental Units Net Change to Budget $243,663.86 EXPLANATION Why are funds needed? For the City of Naples for the dredging of Doctor's Pass Project No. 905501. Agenda Item No. 16F5 February 14, 2006 Page 39 of 39 Where are funds available? In 195 reserves DATE I Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input bv: B.A. No.: REVIEW PROCESS Agenda Item No. 16F6 February 14, 2006 Page 1 of2 EXECUTIVE SUMMARY Recommendation to award RFP# 05-3875 Hurricane Evacuation Study in the amount of $39,800 to Dewberry & Davis LLC and approve a Budget Amendment to transfer monies from Reserves to fund the study OBJECTIVE: To obtain Board of County Commissioners approval of the selection of Dewberry & Davis LLC to provide a Hurricane Evacuation Study to update the County's original evacuation study completed in 2001. CONSIDERATIONS: Collier County has experienced rapid growth since the original evacuation study published in 2001. The 2001 study did not have the benefit of technical and behavioral analysis from an actual storm event, such as the type experienced in the 2004 hurricane season, nor current traffic analysis and new construction densities. The traffic analysis data of the 2001 study was based on traffic count data from 1999. A new evacuation analysis will aid local officials and Emergency Management with: - . Predicting or changing evacuation timing elements. · Updating evacuation routes, alternate routes and denoting locations for supplemental traffic control systems. . Assessing and making recommendations for traffic impacts for host sheltering scenarios. · Making recommendations for additional evacuation signage and emergency public information broadcasts. . Improved use of Geographical Information Systems for evacuation planning. The study will provide current data and a local interpretation based on FEMA's hurricane evacuation behavioral analysis to improve the efficiency of evacuations and improve public understanding of evacuations. Solicitation for RFP #05-3875 was posted on August 23, 2005. One hundred and seventy-four (174) inquires were sent resulting in twenty-nine (29) vendors requesting the full RFP package. A total of four (4) proposals were received by the due date of October 21, 2005 (per Addendum #1). The Selection Committee met on December 14, 2005 and, by consensus, short listed the following firms: Dewberry & Davis LLC as number one, and Post, Buckley, Shoe and Jerrinagan as number two. Staff recommends award of RFP #05-3875 to Dewberry & Davis LLC. FISCAL IMPACT: Funds for the Evacuation Study were originally budgeted in Emergency Management's Fiscal Year 2005 budget. Due to the active 2004 hurricane season and the resulting delay in the FEMA supplied data, it was necessary to delay the RFP. A Budget Amendment is needed to transfer $39,800 from Reserves for Contingencies to Fund 001, General Fund, Emergency Management Administration. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award RFP# 05-3875, Hurricane Evacuation Study to Dewberry and Davis LLC and approve the necessary Budget Amendment in the amount of $39,800. PREPARED BY: Darcy Waldron, Sr. Administrative Assistant, Emergency Management Item Number. Item Summary: Meeting Date: f\!J€'ldaltf!mNo 16F6 Febn.mr~ 14.2006 P;;ge2of2 COLLIER COlINTY BOARD OF COUNTY COMMISSIONERS 1t3F8 Recommendation to award RFP# 05.3875 Hurricane Evacuation Study In the amount of $39,800 to Dewberry /\. Davis LLC and "'pprove a 8udgat Amendment t(l fund the sllldy 2!14.'20D69.00:00AM D_ ApprovtdBy DarcyWaldr<>n County Manallar"5 Officll S""iorAdm;";$trativnAs5;~tan! EmmgilllcyManagl"l>i!llt 112612006;\:24!'M D.. Approvl"d By Linda 8<t~t Administratlv..Servicas C()OIractsAg.",l Purcll~sinll 1!2VllXl6N7PM ""'" Apl"'oved By Slov..Cam."1 Adm;1l1$l",tj""S"",ie<'s Purt"llao.ing/G"..erat Sv<;~ Diret"tor Purt"hasillll 11261200Ga,OSPM D.. Approvtd By MjlleHouer Arim;"istrnliveServke$ Acquisition Manager Pllrcnasing 1I27i200611,16AM "", Approvl"d By OanE.Summar<> CounlyM/ln/lger'sOlfke eUIll~uof Emergellcy Se.vices otroc1or Bu....auof Em..rq..Ilcy Seovic"" 1!JO/2ll064,26PM D.. Approvtd By OMBCOQrdiflltfor COllntyM8nlll"r'$Office ""m;uistrnliwAssist,mt Off;e" of liIanageml'nt &. BU''',lel 11~1!10(l61'40 PM "". Approved lJy Mieh""ISmykow~ki County Manaqe('oo Offic" M,marl".....nl&Budq"'D;ffictnr Offic"nfM""agem"nl& S"d'l<lt 1131/llW62:58I'M D.. Approvl"d By Jam""V,Mudd BoardofCollllty Commjuion"'''' Count.y Man~g~r C<>unlyMan"~:,,,',;Oll'r" 1iJ1120004:2UPM Agenda Item No. 16F7 February 14, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a Fourth Amendment To Lease Agreement with Gulf Shore Associates, Limited Partnership, for the continued use of office space by the Pelican Bay Services Division at a first year's annual rent and Common Area Mainteuance fees of $27,353. OBJECTIVE: To continue leasing office space for the Pelican Bay Services Division with Gulf Shore Associates, Limited Partnership (Landlord). CONSIDERATIONS: Since 1986, Collier County has leased 1,039 square feet of office space within the SunTrust Building at 801 Laurel Oak Drive, Suite 605 for the Pelican Bay Services Division's (Tenant) administrative offices. This location was selected in order to maintain an on-site presence within the Pelican Bay community and maximize Tenant's ability to service its customers. The current lease term expires on February 28, 2006, and the Tenant requests that the County renew its Lease at the subject property for one year with an additional one-year extension option. The renewal period will run through February 28, 2007, under the same terms and conditions as the original Lease Agreement and subsequent Amendments, except that the annual rent will be $20,152.68. If the Tenant should elect to extend the Lease for an additional year, the annual rent shall then be increased by an amount calculated by using the Consumer Price Index. During the twenty year occupancy of this space, the Landlord has increased the annual rent based on CPI only. The County has enjoyed below-market rent at this location for many years. The Landlord has agreed to continue to increase rent based solely on the CPl and not current market rent. However, the Landlord will need to increase the Common Area Maintenance (CAM) to reflect the actual operating expenses of the building. At this time, CAM is $450.00 monthly. The monthly CAM fee will be increased to $600.00 for the renewal period and to $800.00 monthly during the one year extension period. The County Attorney's Office and Pelican Bay Services Division have reviewed and approved the attached Fourth Amendment to Lease Agreement. FISCAL IMPACT: The Fiscal Year 05/06 annual rent of $20, 152.68, plus annual CAM in the amount of $7,200.00, will be paid from the following accounts: 33% from Pelican Bay Services Division Fund 109-182601, 34% from Pelican Bay Services Division Fund 109-182900, and 33% from Pelican Bay Street Lighting Fund 778. GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Fourth Amendment To Lease Agreement with Gulf Shore Associates, Limited Partnership, and authorize the Chairman to execute the Amendment on behalf of the Board. Agenda Item No. 16F7 February 14, 2006 Page 2 of 5 PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services! Department of Facilities Management Item Number. Item Summary: Meeting Date: Agerlda Item No. 1GF7 FcbrJary14.:!006 p"ge3of5 COLLIER COUNTY BOARD OF COUNTY COMMISS10f1ERS 15F7 Recamm"mtlll"~n to approve a Fo()rt~ Amemlmsnt to Lease Agreement with Gulf Shore Assoclale.. Limited Partner&h,p, lor me continul,ld useol llff,ce space tlyll1e Pelican 8ijy Services Division at a first years annual r~f11 and Common Area M~;rllenance fees 01 $27,353 2i14/20069:00 00 AM PrDp"rtyM"RH9"m~nt5p"ci\\li<>f D.. Prrpared By Midl...l H_ Dowlinll Adm,nistralivI>S<ltviC<!$. Fndl~ie" M..,ug.,mem li2.mOO61UI3:27AM F~",ilitito~ Man"'J'>mflnt Dimct"" O;,l.. Approved By S~;p em,,!>, CJ-_M Admi"isll"fttjw'S"'rvic..s F~~;fit;".~ M"U"Oli'!nflnl 11291.1I0G9:J7PM ReaIE$tateServ'cMM~n8\1er "M Appl"O\I..d By Cna,ies E. C"rrinqt<>n, Jr.. ,-, Administrnt;vtlServlcM Flldiitie~M"""g..",ent 1130i.Otl69:.t6AM ApprondBy Op"r"ti<IElsA""t1"t nom J"aoC.Smith C",mty Mllnllll"'.s Offi"e P~lic"" flay S"rvi<:6~ 1I3QI.OOil0:1ZAM O"puty Coonty Maoag"r n." Approved By L"oE.Ochs,JL a<ludo'C"ul1ty Comn'i~sioll""'" C<luntyM"f\n9\!(~Onic" 2IY1U0I11Z:)OPM Lease #744 Agenda Item No. 1 F7 February 14, 2 06 Page 4 ,f 5 FOURTH AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this _ day of , 2006 at Naples, Collier County, Florida by and between Gulf Shore Associates, Limited Partnership, whose address is 1300 Post Road East, Westport, Connecticut 06880, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE", WITNESSETH WHEREAS, Collier County and Gulf Shore Associates have previously entered into a Lease Agreement dated March 31,1992. an Amendment to Lease Agreement dated February 6,1996, a Second Amendment to Lease Agreement dated February 25, 2003. and a Third Amendment to Lease Agreement dated April 27, 2004, and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement, Amendment To Lease Agreement, Second Amendment to Lease Agreement and Third Amendment to Lease Agreement, and NOW THEREFORE, in consideration of the covenants and agreements provided within said Third Amendment to Lease Agreement dated April 27, 2004, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Amendment to Lease Agreement: This Lease is hereby extended until February 28, 2007, hereinafter referred to as 'Renewal Lease Term.' LESSEE hereby acknowledges that LESSOR has provided response to its request to extend the Lease term. LESSEE shall have the right to renew this lease, following the February 28, 2007 Renewal Lease Term, for one (1) additional term of one (1) year ('Option Term'), creating a new termination date of February 29, 2008. LESSEE shall have the right, however, to terminate this Lease, with or without cause, by providing six (6) month prior written notice of such termination to LESSOR at the address set forth above. Said notice period shall be effective upon receipt by LESSOR of the written notice. The base rent for the period of March 1,2006 to February 28, 2007 shall be $1,679.39 per month. The base rent for the Extended Term of March 1,2007 to February 29, 2008 shall be increased pursuant to the cpr figure, with a minimum of three percent, as stated in Article 3.04 of the Lease Agreement dated March 31. 1992. The LESSEE is tax exempt. The Common Area Maintenance ('CAM') fees commencing as of March 1,2006 shall be $600.00 per month. If LESSEE elects to renew this Lease as provided for herein, the CAM beginning March 1, 2007 shall be $800.00 per month. 2. Except as expressly provided herein. the Lease Agreement between Gulf Shore Associates, Limlted Partnership and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated March 31, 1992 remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto Amendment to Lease Agreement the day and year first above written. Agenda Item No. 16F7 February 14, 2006 executed this Secofililge 5 of 5 AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA , Deputy Clerk BY: FRANK HALAS, Chairman BY: AS TO THE LESSOR: DATED: corporation GULF SHORE ASSOCIATES, LIMITED PARTNERSHIP by its General Partner, Pequot Capital South, Inc., a Florida BY: ALBERT J. KLEBAN, President Witness (Signature) (Print Name) Witness (Signature) (Print Name) Approved as to form and legal sufficiency: /(~ ~mas C. Palmer, Assistant County Attorney 2 Agenda Item No. 16F8 February 14, 2006 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve a grant agreement to receive $75,000 from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for the Near Shore Reef Mooring Buoys project and approve all necessary budget amendments. OBJECTIVE: To receive approval of a grant agreement from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for the Near Shore Reef Mooring Buoys project in the amount of $75,000. CONSIDERATIONS: On May 24, 2005 the Board of County Commissioners approved the submittal of an application to the Florida Fish and Wildlife Conservation Commission for a Florida Boating Improvement Program (FBIP) grant to develop and implement the Near Shore Reef Mooring Buoys project. The project will identify, protect and educate visitors and residents about these critical coral reef natural resources, while providing a recreational opportunity for boaters. Approximately 30 boat mooring points will be placed at strategic locations near coral outcroppings. Mooring locations will direct boaters to permanent locations that boats can clip onto without the use of anchors. No drift will occur since the mooring will be permanent and there is reduced risk of anchor cables fouling or tangling with other anchor cables or propellers. Moorings will be located adjacent to but not immediately above environmentally sensitive areas. More boaters will be able to safely enjoy the area and less stress will be placed on the local environment. On October 15, 2005, the Florida Fish and Wildlife Conservation Commission approved the grant .~ in the amount of $75,000. Collier County is responsible for a $25,000 local match. FISCAL IMPACT: The total project cost will be no more than $100,000. The amount received from the grant is $75,000 and the local match required is $25,000, to be comprised of $5,000 of in kind services (soft match) in the form of project management and engineering services and $20,000 in cash (hard match). The matching funds are available in the BCC approved Tourist Tax Category "A" Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan as a result of this grant. LEGAL CONSIDERATIONS: The County Attorney's office has reviewed and approved this agreement. RECOMMENDATION: That the Board of County Commissioners approve a grant agreement to receive $75,000 from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for the Near Shore Reef Mooring Buoys project and approve all necessary budget amendments. PREPARED BY: Gary McAlpin, Coastal Project Manager, Tourism Department .-. Agenda Item No. 16F8 February 14, 2006 Page 2 of 26 FWC Contract No. 05108 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3301 Tamiami Trail East, Building F, 3'" Floor, Naples, Florida 34112, hereafter "GRANTEE" to conduct a two phase project entitled Near Shore Reef Mooring Buoys, hereafter "Project," using funds from the Florida Boating Improvement Program, hereafter "Program." NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: SCOPE OF SERVICES 1. It Is understood and agreed that this Agreement shall consist of two phases: Phase I - Project Construction, and Phase II - Project Management. During Phase I the GRANTEE shall construct and implement its project proposal, as described in Attachment A, Florida Boating Improvement Program (FBIP) Grant Application No. 05-008, attached hereto and made a part hereof. All Phase I activities must be completed during the time span provided herein for that portion of the Agreement. During Phase II the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein. 2. The GRANTEE shall commence work on Phase I of the Project within six (6) months of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in termination of the Agreement by the COMMISSION. 3. The GRANTEE agrees not to proceed with Phase I construction until all necessary permits are obtained and copies thereof provided to the COMMISSION. 4. All engineering must be completed by a professional engineer or architect registered in the State of Florida. All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. 5. It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 6. The GRANTEE, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by eight (8) feet in size, displaying the COMMISSION's official logo for launching projects, or shall attach a permanent plaque for marine projects, or use some other manner of acknowledgement for non-construction projects, approved by the COMMISSION, identifying the COMM ISSION as a funding source for the Project. Such acknowledgement shall be maintained for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement. 7. The GRANTEE, at its expense, shall purchase, erect and maintain directional signs, approved by the COMMISSION, on main public highways to direct public users to each boating facility funded through the Program. The GRANTEE agrees to provide and maintain such signs at its expense for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to erect and maintain such signs shall be considered a breach of the Agreement. Page 1 of 9 Agenda Item No. 16F8 February 14,2006 Page 3 of 26 8. Upon completion of Phase I, the engineer, architect or other appropriate professional for the GRANTEE shall sign a Cerlification of Completion form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. 9. The GRANTEE shall submit to the COMMISSION monthly activity reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Completion is submitted. 10. During Phase I, the GRANTEE shall provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSION. Final photographs shall be submitted with the Cerlification of Completion form. 11. For Phase II of this Agreement, which shall include the entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all costs associated with ordinary and routine operations and maintenance of the Project, including any and all personnel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement. 12. The GRANTEE agrees that land owned by the GRANTEE that is developed with Program funds shall be dedicated for a minimum of twenty (20) years as a site for the use and benefit of the public. The dedication shall be recorded in public property records by the GRANTEE. Land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, Interlocal agreement or other similar instrument) and developed with Program funds shall be managed by the GRANTEE for a minimum period of twenty (20) years from the completion date set forth in the Project Certification of Completion. Title to all improvements shall be retained by the GRANTEE upon final payment by the COMMISSION. 13. Should the GRANTEE, within the 20-year period set forth above, convert all or any part of the Project to other than COMMISSION approved uses, the GRANTEE shall replace the area, facilities, resource or site at its own expense with a project acceptable to the COMMISSION of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced with a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the COMMISSION all funds tendered for the original Project. 14. Any study or brochure produced by the GRANTEE shall be provided to the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21 days prior to printing the COMMISSION shall review and approve all proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed material prior to its release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. 15. The GRANTEE shall allow unencumbered access to the Project site to the COMMISSION, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the COMMISSION may request maintenance and use information from the GRANTEE to validate the condition of the facility. 16. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be fully responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shall not be liable to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Page 2 of 9 Agenda Item No. 16F8 February 14, 2006 Page 4 of 26 17. The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Administrator for review prior to soiiciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review. This review shall ensure that minimum guidelines for the Project's scope of work are adhered to. 18. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations, The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. GRANTEE ELIGIBILITY 19, The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. 20. By aoceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good-faith performance as a responsible recipient, and that the GRANTEE shall comport with Chapter 287, F,S., and all other applicabie rules and laws. DUTIES OF THE COMMISSION 21. The COMMISSION shall, within budgetary constraints, inspect the Project site prior to and during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice, The COMMISSION's Program Administrator, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. TERM OF AGREEMENT 22. This Agreement shall begin upon execution by both parties and end December 31, 2026, inclusive. However, the GRANTEE shall complete all Phase I project services on or before December 31, 2006. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. 23. The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in term ination of this Agreement. COMPENSATION 24. For satisfactory completion of Phase I of the project, Near Shore Reef Mooring Buoys by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis In an amount not to exceed $ 75,000.00. 25. As indicated in FBIP Grant Application #05-008, the GRANTEE has agreed to provide 25% of the estimated total project cost. If the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall be 75% of the actual total project cost. Page 3 of 9 Agenda Item No. 16F8 February 14, 2006 Page 5 of 26 PAYMENTS 26. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final invoice, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within 30 days after completion of Phase I of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to Attachment F, sample invoice form. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 27. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of Phase I of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs. The COMMISSION will not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 28. No travel expenses are authorized under the terms of this Agreement. 29. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment B. 30. The COMMISSION shall have 30 working days to inspect and approve goods and services. 31. Any Phase I Project deficiencies, as noted in the final Project inspection, shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION. The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 32. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 33. In order to make best use of the agency's resources, the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for such use, and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements. 34. Invoices, including backup documentation, shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 TERMINATION 35. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. Page 4 of9 Agenda Item No. 16F8 February 14, 2006 Page 6 of 26 36. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION. For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to, all books and records kept on behalf of the COMMISSION. TAXES 37. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICE 38. Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Collier County BOCC 3050 N. Horseshoe Dr., Ste. 219 Naples, FL 34104-7910 Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: (850) 487-3755 Fax: (850) 488-9284 Attn: Susanna Stephens, Program Administrator Phone: (239) 530-5342 Fax: (239) 403-2404 Attn: Gary McAlpin, Project Manager AMENDMENT OR MODIFICATION 39. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 40. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g., specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 41. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 42. The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 43. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 44. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the Page 5 of9 Agenda Item No. 16F8 February 14, 2006 Page 7 of 26 protection afforded by the GRANTEE. Such self.insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 45. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exem pt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insuranoe. 46. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self.insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES 47. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 48. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly refiect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examinalion and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, lhe GRANTEE shall require each subcontractor 10 similarly maintain and allow access to such records for audit purposes. LIABILITY 49. Each party hereto agrees that it shall be solely responsible for lhe negligent or wrongful acts of its employees and agenls. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON.DISCRIMINATION SO. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 51. In accordance with Section 287.134, Florida Statutes, an entity or affiliale who has been placed on lhe discrimlnalory vendor list may not submit a bid, proposal, or reply on a conlract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a Page 6 of 9 Agenda Item No. 16F8 February 14, 2006 Page 8 of 26 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 perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 52. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 53. The GRANTEE shall perform the services in a proper and satisfactory manner as detennined by the COMMISSION. 54. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 55. This Agreement has been delivered in the State of Florida and shall be construed In accordance with the laws of Fiorida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 56. The parties hereto do not intend nor shall this Agreement be construed to grant any rights. privileges or interest to any third party. JURY TRIAL WAIVER 57. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. PROPERTY/EQUIPMENT 58. The GRANTEE is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. FEDERAUFLORIDA SINGLE AUDIT ACTS REQUIREMENTS 59. In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non- State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMS Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. Page 7 of 9 Agenda Item No. 16F8 February 14, 2006 Page 9 of 26 60. In accordance with section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. RIGHTS IN PROPERTY. COPYRIGHTS. AND INVENTIONS 61. All items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any proprietary interest in the products and materials developed under this Agreement. 62. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and/or processes that may result from any experimental or developmental research performed under this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government may reserve ultimate jurisdiction over title and right privileges. 63. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a roya~y-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for govemmental purposes. ENTIRE AGREEMENT 64. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. Any a~erations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 8 of9 Agenda Item No. 16F8 February 14, 2006 Page 10 of 26 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written beiow. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Kenneth D. Haddad, Executive Director Fred W. Coyle, Chairman Date Date Name (Print) Grantee Name Address City, State, and Zip Code 59-6000558 Federal Employer Identification Number (FEID) Approved to form and legality: ; 1"J--60/ ZQo, ~ D Il<<^-,"/ Counly!'~ 1 f~Att~ey "fit List of attachments/exhibits included as part of this Agreement: Attachment A: Attachment B: Attachment C: Exhibit 1: Attachment D: Attachment E: Attachment F: FBIP Application # 05-008 and Project Proposal Comptroller Cost Reimbursement Requirements Federal/Florida Singie Audit Act Requirements Funds awarded pursuant to agreement Certification of Completion form Monthly progress report form Sample invoice form 'If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 9 of9 Agenda Item No. 16F8 February 14, 2006 Page 11 of 26 ATTACHMENT A FBIP APPLICATION AND PROJECT PROPOSAL Agenda Item N February FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIO'Rag FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION Fill in all sections that almlv~. Leave all other sections an I - APPLICANT INFORMATION a. County/Municipality Name: e. Project Manager Name: Collier County Gary McAlpin b. Federal Employer Id. No.: Project Manager Title: 59-6000558 Senior Project Manager c. Applicant Name: f. Mailing Address: Fred W. Coyle 3050 N. Horseshoe Drive, Suite 219 Applicant Title: City: Zip Code: Chairman, Board of County Commissioners Naples 34104-7910 d. Applicant Address: g. Telephone No.: Fax No.: Suncom No.: 3301 Tamiami Trail East, Bldg F, 3"' Floor (239) 530-5342 (239) 403-2404 N/A City: Zip Code: E-mail: Naples 34112 oarvmcalninililcollieroov.net hi k 11- PROJECT SUMMARY a. Project Title: Near Shore Reef Mooring Buoys b. Type of Application: 18I New (never considered before) D Reconsideration o Phased Continuation -Phase No.: TIER-I TIER-II c. Type of Project: 0 1- Recreational Channel Marking D 1- Boat Ramps 0 11- Public Launching Facilities 0 ll- Piers and Docks 0 11I- Aquatic Plant Control 0 III- Boater Education 18I IV- Other Local Boating Related Activities 0 IV-Economic Development Initiatives d. Project Cost: Total Cost: $100.000 Amount Requested: $75.000 e. Project Summary: Collier County has determined that significant coral outcropping., including soft corals, sponges, gorgonians and otber encrusting animals typical of a limestone bard bottom reef, exist just off tbe coast of Collier County. Investigations prompted by a Florida Department of Environmental Protection permit requirement identified approximately 500 acres of hard bottom formations witbin 1,000 feet of sbore along 13.5-mile section of coastline. SEE ATTACHMENTS C, D and E for maps and photograpbs. In an effort to identify, protect and educate visitors and residents about these critical natural resources, while providing a safe recreational opportunity for boaters, Collier County desires to place boat mooring points at approximately 25 strategic locations near tbese coral outcrop pings. Collier County is prepared to provide $5,000 in in-kind contribution and $20,000 in hard currency matching funds, and is requesting $75,000 from the Florida Boating Improvement Program to implement this project. FWC/DLE-252 (02/05) Agenda Item No. 16F8 February 14, 2006 Page 13of26 III - PROJECT NEED II a. List Primary Need for Project: o Safety o Age-end of Useful Life [8J Environmental Needs ofthe Area o Other: o High Demand by Users o Recommended by FWC Staff o Lack of In-house Capability b. Need Statement: Conventional wisdom within Southwest Florida suggested that Coral Reef outcroppings were limited to the southeastern coast of Florida. Side-scan sonar and physical inspection identified significant coral formations previously unknown. In an effort to identify this natural resource to the general public, protect these outcroppings from anchor line damage, provide safe off shore mooring sites to the boating public and seasonal tourist, educate the public on this environmental resource and promote eco-tourism, off shore permanent mooring sites are required to encourage responsible and safe boating activities. c. Known Public Support: (Name) D Adjacent Land Owners: [8J Users Groups: Recreational boaters, scuba divers, snorkelers and commercial and recreational fishermen, dive shop operators, group meeting attendees D Neighborhood Assoc.: [8J LocallStatelFederal Government: Collier County, City of Naples, City of Marco Island [8J Legislature: State Representative Mike Davis, State Senator Burt Saunders [8J Other: Naples Sail & Power Squadron, Marco Island Sail & Power Squadron, Coast Guard Auxiliary, Marine Industries Association of Collier County, Collier County Tourist Development Council d. Known Public Opposition: None known o Adjacent Land Owners: o Users Groups: o Neighborhood Assoc.: o LocallStateIFederal Government: o Legislature: o Other: FWClDLE.252 (02105) 2 ,~ 0"0 ulLO IV - BUDGET a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. [8J Yes, Preliminary o Yes, Final ONo b. PROJECT COST - SOFT (NON CASH) FUNDS Cost Item Applicant i Other ElO~6( Use This TOTAL (List in Section V) , . COlumn ... S 5,000 ! $ --.,.,.-,-.,..'" - '-~~ Administration --"'- -.,...;. $ , In-Kind Engineering/Construction Management $ '$ $ , In-Kind Labor $ 0 '$ . $ I In-Kind Materials I $ 0 1$ ~;,f~? $ I $ 1$ .",'4"""'''"'''-'__ $ In-Kind Equipment 0 I Total Soft Funds I $ 1$ ~""'_"<1'l>"!~~,;r~ $ 5,000 ,. ..' 5,000 c. PROJECT COST - HARD (CASH) FUNDS Cost Item Applicant I Other FBIP Grant TOTAL I (List in Section V) j Planning/Engineering $ 1$ $ 1$ 10,000 10,000 Implementing/ Construction $ 10,000 $ $ 75.000 1$ 85,000 1 $ 1$ $ $ j Other: Total Hard Funds $ 20,00 $ $ 75,000 $ 95,000 d. TOTAL FUNDS $ 25,000 $ $ 75,000 $ 100,000 Agenda Item No. 16F8 February 14, 2006 I V - OTHER SOURCE OF FUNDS (STATUS) N/A a. 0 Federal o StatelLocal o Loan Agency: b. Grant Name: Amount $ - c, Approval Status: o Approved o Pending o Intend to Apply, Date: _ j a. 0 Federal o StatelLocal o Loan Agency: l b. Grant Name: Amount $ - c. Approval Status: o Approved o Pending o Intend to Apply, Date: _ a. 0 Federal o StatelLocal o Loan Agency: b. Grant Name: Amount $ - c. Approval Status: o Approved o Pending o Intend to Apply. Date: _ FWCIDLE.252 (02/05) 3 Agenda Item No. 16F8 February 14, 2006 Page 15 of 26 VI - PERMITS Submitted Approved I N/A a. Florida Department of Environmental Protection ~ 0 I D , b. Florida Fish and Wildlife Conservation Commission 0 0 i [gJ I c. U.S. Army Corps of Engineers ~ 0 I D I d. Local and Others (If needed) 0 0 i [gJ I VII - ENVIRONMENTAL ASSESSMENT YES I NO a. Will the project significantly or adversely affects the environment? D ! [gJ b. If Yes. please explain key issues and describe any mitigation actions proposed. N/A VllI-BOATERSAFETY a. Explain how the project may affect boater safety whether positively or negatively. As commercial dive shops, tour boat operators, boat rental agencies and local boaters begin to discover the location of tbese significant coral outcrop pings, there is a potential for overuse, stress and potential damage to these critical resources. Significant risk to boaters, divers and the coral outcroppings will exist if boater access and ancborage is not coordinated. Boaters risk tbe potential of ancbor slippage from wave and wind action. If anchors slip, anchor lines can get fouled on and damage the reefs. If dive locations are congested, anchor lines and foul lines can become tangled or get caught in adjacent boat propellers. Boats can drift onto shoals and become damaged or damage environmentally sensitive areas. All these are examples of real and significant danger to tbe boating public without a series of permanent mooring locations. Mooring locations will direct boaters to pennanent locations tbat boats can clip onto without the use of anchors. No drift will occur since the mooring will be pennanent and there is reduced risk of anchor cables fouling or tangling with other anchor cables or propellers. Moorings will be located adjacent to but not immediately above environmentally sensitive areas. More boaters will be able to safely enjoy the area and less stress will be placed on the local environment. FWC/DLE-252 (02/05) 4 ...... Aoenda Item No. 16F8 IX - APPLICATION ATTACHMENTS CHECKLIST February 14, 2006 Page 16 of 26 Inc., NIA t8l 0 a. Cover Letter: application transmittal cover letter (Identity priority rank with multiple applications). ~ 0 b. Project Proposal: a detailed description of project as outlined in the application instructions. w........_ c. Resolutiou: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the t8l tJ authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the ...public entity must also be..~~bmitted. .. ""...-- ------- ~ 0 d. Booudary Map: indiCa!<: boundary."f the project area - 0 ~ , Site Control Documentation: (e.g. a deed. lease, results of title search, etc. for the project site.) , e. .---.-.-....,.----- t8l 0 f. Existing Condition Photograpbs (sufficient to depict the physical characteristics of the project area) ..- t8l 0 g. Aerial Pbotographs (marked with the approximate boundaries of the project site) ----...,...". .,-,._. 0 [gj h. Navigational Chart: An 8.5" x 11" photocopy of a current NOAA North American Datu!!, 83 nautical chart (orovide the NOAA chart name and number) indicating the precise loc"tion of the oroiect site. [gj 0 I. Pennils: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of exemotion from oermittinl! agency. ~ 0 j. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an enllinee(~.,s::ost estim.~~. ~ 0 k. Plans: preliminary design/engineering plans (if completed). .. _w__,,_ ---~..'~ t8l 0 I. Appendix A: (For projects involving boat ramps, piers and docks, and public launching facilities only) ._----. ~ 0 m. One (I) original application. In. .. t8l 0 Seven (7) photocopies of the application and an electronic copy on CD or floppy disk. APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certity that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certity that I possess the authority including the necessary requisite property interests to undertake the proposed activities. J also certity that the Applicant's governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below, the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. Chairman. Board of Countv Commissioners Title Mav 24. 2005 Date STATE OF FLORIDA, COUNTY OF ( t..: eJ j " t?-r Personally appeared before me this ::J1.f"rl7 day of (1'\ a..y , 20 subscribed and swore to the above instrume in In resence. , , Notary Public Name: NOTE: Instruction and furllter illfqrmali(Jn risSr.ding this application and the FloTida Boating Improvement Program can be found in the Florida Boating Jm_... .. t. !'rogrant;Procedure Guide or you may conllJ<;t the Program Administrator, Florida Fish and Wildlife ConscrvauonCommi, l_JUfAM~..- R;,FL32399..1600. Telephone~.,"1l''1'u fr..J;;;.:;t.:,0:"" . -:J- FWCIDLE..252 (02/05) If: <, ~ 5 ~......~~.~ ..::-:: I '" ,.. Wt~f:.; 4~~.a.Z"j' A TT ACHMENT A - Project Proposal Agenda Item No. 16F8 February 14, 2006 Page 17 of 26 Collier County Near Shore Reef Moorin2: Buovs Proiect Proposal Proieet Description Collier County has determined that significant coral outcroppings, including soft corals, sponges, gorgonians and other encrusting animals typical of a limestone hardbottom reef, exist just off the coast of Collier County. Investigations prompted by a Florida Department of Environmental Protection permit requirement identified approximately 500 acres of hardbottom formations within 1,000 feet of shore along I3.5-mile section of coastline. In effort to identify, protect and educate visitors and residents about these critical natural resources, while providing a safe recreational opportunity for boaters, Collier County desires to place boat mooring points at approximately 25 strategic locations near these coral outcroppings. Additionally, if feasible with this grant or future funding, mooring points may be placed near one or more of the 15 artificial reefIocations along the coast. Tourism is one of the most important economic engines in Collier County. Collier County has identified ecotourism as a form of tourism that has not been fully explored. Recreational boating, boat charters and rental boating are vital aspects of our Tourism Industry that will benefit from a strong ecotourism industry. Ibis project will also greatly enhance boater safety, boater access and boater awareness of these natural resources in a manner consistent with envirorunental protection and responsible growth management. John Halas developed the design for this system in the early eighties while serving as the Park Biologist for John Pennekamp Coral Reef State Park in Key Largo, Florida. Over the next two decades, this system has been placed in service throughout the Florida Keys and become the standard for off shore mooring systems to promote responsible and safe boater access and protection of critical marine habitat. Specific Tasks Project tasks are broken down as follows: · Task 1 - Planning Engineering and Design & Bid Package . Task 2 - Obtain Permits · Task 3 - Purchase Mooring Buoys · Task 4 - Installation of Mooring Buoys · Task 5 - Creation ofInformational Materials Timetable Project activities will commence 30 days after receipt of the joint USACE/FDEP permit and be completed 6 months after the permit is issued. The application for a joint USACE/FDEP permit has been submitted and is attached as ATTACHMENT F. Engineering will consist of confirming mooring locations and preparing a bid package from industry accepted standard details. See example attached as ATTACHMENT H Construction will be weather related but can easily be accomplished within 6 months. Following the installation of the mooring system, a complete information package consisting of GPS coordinates, descriptions, photographs and general information of the underwater coral outcroppings will be released to the general public, dive shops, marina's, yacht clubs, tour outfitters, etc. for county wide use. Agenda Item No. 16F8 February 14, 2006 Page 18 of 26 ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (l) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: . Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-hollse charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Page I of 1 Agenda Item No. 16F8 February 14, 2006 Page 19 of 26 A TT ACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-sIte visits by COnmllssion staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the .Commission staff to the recipient regarding sucb audit. The recipient funher agrees to comply and cooperate with any inspections, reviews, investigations. or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. In the event that the recipient eX'Pends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Conunission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-I33, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defmed by Section 215.97(2)(l), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state fmancial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state fInancial assistance received from the Commission, other state agencies, and other non-state entities. State financial assistance does not Page 1 on Agenda Item No. 16F8 February 14, 2006 Page 20 of 26 include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a [maneial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (uonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQillREMENTS There are no other audit requirements. PART IV; REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d). OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Conunission Bryant Building. Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Andit Clearinghouse), at the followiug address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. Pursuant to Section .320 (I), OMB Circular A-133, as revised, the recipient shall submit a copy of the reponing package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 2 013 Agenda Item No. 16F8 February 14, 2006 Page 21 of 26 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Conunission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall. be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for.profit organizations), Rules of the Auditor General, should indicate the date that the reponing package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488-6068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report'is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, rmless extended in writing by the Commission. Page 3 00 Agenda Item No. 16F8 February 14, 2006 Page 22 of 26 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recip ient: Amount: Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 77.006 Collier County Board of County Commissioners $75,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. 2. Project activities must not create a boating safety hazard and/or increase the potential for damage to natural resources. 3. Recipient must comply with the Policies and Guidelines (Interim) of the Florida Boating Improvement Program. 4. Recipient must comply with all Commission rules, policies and prooedures as well as all other state and federal rules. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Page 1 of 1 Agenda Item No. 16F8 February 14, 2006 ATTACR'~[jlf26 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT I, (print Name and Title) representing (Name of Local Government) do hereby certify under penalties ofperiurv. as provided in s. 837.012, Florida Statutes, that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) (Date) STATE OF FLORIDA, COUNTY OF ( Personally appeared before me this day of subscribed and swore to the above instrument in my presence. , 200~ who Notary Public Name: My connnission expires: (SEAL) CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms ofthe Agreement. Division: By: Date: Name: Title: Agenda Item No. 16F8 February 14, 2006 Page 24 of 26 ATTACHMENT E FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # Reporting Period (MonthlYear): (Due 15 days after the end of each month) Project Title: 1. Describe tasks completed this month: 2. List deliverables provided to FWC this month: 3. List tasks scheduled to be completed duriug next month: 4. Is project cnrrently on schedule for completion by December 31, 2006? YES NO (If No, please explain any problems encountered and/or possible delays) Project Mauager Date Page 1 of 1 r Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 INVOICE Agenda Item No. 16F8 February 14, 2006 A TT ACHMlltilf~of 26 Date: FWC Contract #: Remit payment to: Grantee: Address: City, State: Zip: FEID#: GRANT REQUEST __'_mm__~_____ Cost Item Applicant Other FBIP Perm ilting/Plan ning/Eng ineering $ $ $ Construction $ $ $ Other: $ $ _'__'_H_.._~~_ Total Hard Funds $ $ $ $ $ $ PROJECT COSTS Amount of Grant Award: $ Cost Item Perm ilti ng/Planning/Eng ineering I Amount 1$ Implementingl Construction Other: $ ~ Total Costs: $ Grantee Matching Funds: $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Date: Agenda It81Tl No. 16F& February 14. 2006 PZlge 26 Qf25 COLLIER COIINTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16F8 Recommendation to approve a granl agreement to Nlceive $75,000 from the Flonda Fi&h and Wildlife Conservalion Commission, Fiorida Boaling Improvemenl Program lor the Near Shore RaM Mooring Buoys projllcl and approve a:1 necessary Dudgel amMdmanls 2/14f700fi 9:00:00 AM Item Number:: ItemSumrn.lry: ApprllvedBy iJlar;.,ne J. FOl>rd GrantsC"ordinalOf om, AdminiSlrotiv..Services Admi"i5.trol,v"S..r"",esAdmitl. 2:2!200G ~:S2AM App'.IIved By J.aekW..,1 TOUlismD'imclor Oat.. COl,ln1yM,,,,ayer'sOfficII rOuri5m V2ilcmS12:51 PM Approved By OMBCoordinD1or Admillhlr<>\iv,,"s~ist.ant ~~ Couoly Man.llef'~Offi(,e 0fIi<;~ nfMan,,-q~mfln'''' aUri!lRI 211!2OC68:S7AM ApprowdBy Markts3ckso" aurigH\I\"..lyst 0," CClllllty M"-naYHf's Office Office of M"m,gem<lll! /I. Budge! 2!312ilOl>11:3IlAM Approved By L..", E. O~hs.Jr. B",artlotCounly Cnmmlss;on<l1s o..puty Counly Manau"r om, CnuntyMana"er'sOlflc6 Z/3!2llll61;3!iI'M Agenda Item No. 16F9 February 14, 2006 Page 1 of 2 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 14, 2006 Ochopee Fire Control District (Fund 146) Budget Amendment #06-115 Ooeratinl!: Exnenses Other Machinery and Equipment $15,000 Reserves Reserve for Capital ($15,000) Total -0- Exolanation: Funds are needed to purchase equipment to outfit the new Fire Apparatus recently obtained to replace outdated vehicles. .- Prepared by: Barbetta Hutchinson, Executive Secretary, OMB -- . Page 1 of! I\ge:>da!temNo 16F9 February 14. 2006 Page2of2 COLLIER COUNTY BOARP OF COUNTY COMMISSIONERS Item Number: 16F9 Appro'l1lbudgelllmendmal1ts 2114/200ugaOOaAM Item Summary; Meotlng Date: Approved By OM8CGOrUlnator A dmll1i"tr~tiv.. A~,.,btanl """ Cl>umy Manllgnr's Offie1ll Offlee l>f Ma""lI""",nt& Budgc1 mlZllOli9:5SAM Approved By Micb....l Smy~owskl Managem.."t&a"dgc1PI....r-ll>r D'" Cl>untyM"""ger',.Oflice Offl<,eol Man<iQ"melll& BudOl!t 2Iti12{1!lt12:57 PM Approved By Jarn",.,V,Mudd C",;ntyManliger ""'" a<>ard 01 County Commil',.I<>M!"$ Courrty Ma..agel's orlieol V712l)Oli 6:43 AM Agenda Item No. 16F10 February 14, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Amendment No. I to Contract 05-3854 "Collier County Beach Re-nourishment" (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,035,287. OBJECTIVE: The amendment documents changes to drawings, technical specification and the bid summary page made between Collier County and Great Lakes Dredge & Dock Company, LLC (GLDD) during negotiations leading to Contract 05-3854 awarded by the Board of County Commissioners (BCC) on 9/13/05, Item 10M. This amendment increases the quantity of sand due to erosion from the period between preparation of the design drawing and the pre-construction survey by 39,027 cy at a cost of$I,035,287. CONSIDERATION: The BCC approved Contract 05-3854, Collier County Beach Renourishment with GLDD on September 13,2005, Agenda Item 10M. In order to lower the cost of the project, Staff and GLDD negotiated to reduce the Scope of Work. Negotiations reduced GLDD's contract to $18,476,312 by decreasing the quantity of sand to be placed, allowing screening of oversized materials overboard to return to the borrow area and removing beach tilling. Subsequent to reducing the Scope of Work, the pre-construction survey identified that an additional 39,027 cy of sand was required to offset erosion that occurred between the design drawing and the pre- construction survey. This erosion occurred as a result of Hurricane Wilma. This increased the cost of the project by $1,035,287 bringing the contract total to $19,511,599.01. The contract sand volume is compared to the post-storm volume on Attachment A to the Amendment. Staff has also added wording with regard to Safety Requirements as required by the Minerals Management Service Borrow area lease. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax Fund 195 - Project 90527. Sufficient budget exist to cover this amendment. ADVISORY COMMITTEE RECOMMENDATIONS: The CAC recommended approval of this item on January] 2, 2006 with the stipulation that remobilization, if required, be between November I, 2006 and April 30, 2007. The TDC unanimously approved this item on January 23, 2006. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. .-- LEGAL CONSIDERATIONS: The County Attorney has approved this amendment. County Purchasing has reviewed and approved this amendment. Agonda Item No. 16F10 February 14, 2006 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners approves Amendment No. 1 to Contract 05-3854 "Collier County Beach Re-nourishment" and authorizes the County Manager or his designee to sign Amendment No. I. Prepared by: Gary McAlpin, Coastal Project Manager, Tourism. ...,e., ltemNumber: Item Summery: Meeting Dele: Agenda Item No. 16F10 FebrumyH.2006 Page3016 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F10 Recommendation to IIppmve Amendment No 110 Conirac:t 05-3eS4 Collier County BeaCh Re-nourishmerlt (Pmjec190527) wilh Great Lakes Dredge & Dock Cumpany, LLC which documenlscontraC'tnegotllltlonsleadinguploefmalcootraclllndiocrellsas the sand quanlity dlle 10 post designarosion forao addttionlll$",035,287. 2i1412006 ~j,oo:oo AM f'urd"'sjng.lGenarajs"c<;Dira~tor 0... ApprnvedBy ShiV"earn,,1I Admlfli$trati""SmviCilS f'urt:ha<>ing 112i1i/20062,1llf'M Approved By lynWood f'urchuingAg....1 D". Admini!rtratlv"SOfVi<:l!o! PlIr<:huing 1i30,20068:1I7AM Approved By Gary McAlpin Cll~tal Projecl M~nl!ger DM" Coulll:y M2n"\I"f's Office Tounsm 1!112110612:19PII1 App,'oved By Jack Wert n",rinmDire<:lor D~I" County M""allllr's Office Tourism 2J1I200E2:13f'M Admlllist,al;vIIAssista.1lI: Oale App,'oved By OM8C""rdinator COllntyManilger'sOlfkll Office <Ji Man"g:en..."I& Bu<Jg91 213/2006 $.,52 AM a"dgl!IAnaly..t Date Allprnved By tJiarkl.."cksoll Cl;>unty Mall"ger'$ Otfi".. 01\iC(l "I Milllag<!mllol1t& GUctll"t 21312Q~11:25AM Dl!puty C",....tl' M"lIl1\l"r Datil Approved By L"'oE.Och",J!. 8<;>anlofCounly COl1l1njs";on,,rs C~untyMal1"9er'" Office mI2t10&H;3fiPM Agenda Item No. 16F10 February 14, 2006 Page 4 of 6 Contract Amendment #1 to Contract # 05-3854 "CoUier County Beach Renourishment" This amendment, dated , 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Great Lakes Dredge & Dock Company, LLC (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding 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 follows: The contract shall be modified as below in accordance with mutually agreed upon negotiations to decrease the cost of the project: Change: 1. Bid Drawing CS-I to reduce the North Park Shore effective distance by one thousand six hundred seventy-four feet (1,674'). 2. Exhibit J, Teohnical Specifications, page J-40, paragraph 31.12. The contractor will manage sand placement by reach. Tolerances will be revised to allow a payment tolerance of +/-0.5' between FDEP monuments. Maximum pay and placement volume not to exceed volume within the construction template. No payment will be made if 95% of the construction template by reach is not achieved. 3. Exhibit J, Technical Specifications, page J-28, paragraph 28.7, Removing Rock. Rubble or Debris in the Borrow Area. will be revised to allow rock, rubble and debris to be screened with overboard disposal back into the borrow area. 4. Exhibit J, Technical Specifications, pages J-17, paragraph 16. PAYMENT FOR BEACH TILLING AND BEACH SCARP LEVELING is to be deleted. 5. Proposal, page GC-P-2, bid item 9, Beach Tilling, is deleted. 6. Increase cubic yardage of sand an estimated 39,027 cubic yards to reflect increased quantity required due to erosion between design drawings and preconstruction survey as shown on Attachment A. Total volume of sand to be placed is estimated to be 664,421 cubic yards. The cost for the additional sand is $1,035,287.00. 7. Exhibit I, Supplemental Terms and Conditions, will be revised to read; If substantial completion of the project is not achieved by May 16, 2006, liquidated damages will cease and the project will be completed after November I, with the Contractor providing all additional mobilization, demobilization, out of pocket expenses and regulatory permitting/compliance at the Contractors expense and at no additional cost to the County. Remobilization, ifrequired, will be between November I, 2006 and April 30, 2007. Collier County is committed to avoid remobilization and will work will all regulatory agencies and the contractor to avoid this. Add: I. The following wording to Exhibit I, as Item 2: Page 1 of 2 . 'i .. Agenda Item No. 16F10 February 14, 2006 Page 5 of 6 i- ."'"' Safetv Reouirements. Contractor shall: (1) maintain all operations within the leased area in compliance with regulations, orders, guidelines, and directives intended to protect persons, property, and the environment, including mineral deposits and formations of mineral deposits not leased hereunder, and (2) allow prompt access, at the site of any operation subject to safety regulations, to any authorized Federal inspector and shall provide any documents and records that are pertinent to occupational or public health, safety, or environmental protection as may be requested. The lease is valid only if such steps are incorporated in the contract between the Contractor and the Lessee. 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. CONTRACTOR Great Lakes Dredge & Dock Company, LLC Witness k";'::'2-LL ;::: Print Name 7.. ' ,._{ 4-1_;'i/t~r2..>-,YJ ,4.,r,/ By: ~ // ..J d, /' ... ~ ,_ >~ f/" _ ,. ~ .,,7'~~ L:;J,;t;_Jt':~~_L'_-.ffi~~ )/1(-...0... O/l,,:lS::-;~~1i'7 r-- ~ /.// //!JIC, , . Title: Dated: Print Name OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Jack Wert, Tourism Director Approved as to form and Legal sufficiency: ClifJljj/fln ~ I Assistant County Attorney Page 2 of2 AMENDMENT 1 . ATTACHMENT A (REVISED) VOLUME AND COST COMPARISON TO POST -STORM PROPOSAL COLLIER COUNTY BEACH RENOURISHMENT PROJECT EFFECTIVE PERMIT f BID CONTRACT UNIT MOD, 'EFF. POST-STORM PROFILE DISTANCE V~~~E V~~~ME COST DISTANCE V~~~ME IFTl 1FT> VandertJiltR22.S.R31 8,935 109.119 9S,337 $24,09 6,744 121,701 Pelican Bay R31-R36 6,067 63,209 59,612 $27.14 , 6,067 57,214 N. Park Shore R43.S-R<l8 4,421 45.714 2S,705 $2742 2,994 27,760 ~~~~re R48-R54.5 6.838 140,021 132,491 $2256 6,838 112,444 N_~. $ .~58A.R79 _.._ 19408 315.188 312,049 $7606 19.<108 ~~ .. .. ...... I -. TOTAL 45,669 673.251 625,394 <2050 :C;'21 SAND COST S15,745,791.~~___,., -- $1676J078 VOLUME DIFFERENCE BETWEEN CONTRACT AND PROPOSED (POST-STORM) QUANTITY (CY) 39,027 -- Agenda Item No. 16F10 February 14, 2006 Page 6 ofB 39,027 CY INCREASE FROM EROSION $1,035,287 INCREASE DUE TO EROSION Agenda Item No. 16F11 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a letter to the Florida Department of Health concerning Naples Community Hospital Healthcare System's Certificate of Public Convenience and Necessity for non-emergency ambulance service and authorize signature by the Chairman OBJECTIVE: To obtain Board of County Commissioners approval of a letter to the Florida Department of Health, Bureau of Emergency Services concerning the late submission by Naples Community Hospital Healthcare System's (NCH) renewal of its Certificate of Public Convenience and Necessity and authorization for the Chairman to sign the letter. CONSIDERATIONS: NCH Healthcare systems currently operates non-emergency ambulance transport under a Certificate of Public Convenience and Necessity (COPCN) issued by Collier County, and is required by Collier County Ordinance No. 2004-12 to renew their COPCN annually. NCH's COPCN renewal application for the period of May 2005 through May 2006 was submitted in September 2005. The Board of County Commissioners approved NCH Healthcare Systems COPCN renewal at its meeting of December 13,2005, item 10.H. ,,""" The Florida Department of Health, Bureau of Emergency Medical Services' Licensure Director has contacted the County with questions concerning the lapse of time between the expiration of NCH Healthcare System's COPCN, May 2005 and its renewal in December 2005. The Licensure Director has requested a letter from the Commission Chairman acknowledging the County's awareness that NCH Healthcare System was operating, in good standing, an ALS Intrafacility transport service, and that the COPCN issued in December 2005 covers the period of May 2005 thru May 2006. Staff has met with representative ofNCH Healthcare System and both entities will work together to assure timely submission offuture COPCN renewals. The Office of the County Attorney has approved the letter for form and legal sufficiency. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the letter to the Florida Department of Health, Bureau of Emergency Services concerning Naples Community Hospital Healthcare System's Certificate of Public Convenience and Necessity and authorize signature by the Chairman. PREPARED BY: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management ,,"'~'.' IlemNumber: Item Summary: MeellngDale: Agenda Itern No, 161"11 February 14, 2006 P<lge2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15Fll Recommendation to approve a letter to lf1e Florida Department 01 Health concerning Nap!es Community Hospitai Heaithcare System's Certificate of PubliC Convenience and Necess~y for non_emergen<..)' <lITlbUlanCe s...rvice alld aulhorize signature byt neChalrman ZI14/20069:00:00AM Senior Admi"i"lralive Assi"'tant "'. Approved By Oa""yWal<lmn County ManagN's Office Emel'tlllncyManal'lement 213J2!101;3:44PM EMSClljaf 0,. Approved By JenPage BUI'lIHllofEIlKl'9'Ilncy S'arvl<::u ,.. 213/2(10(;3:51 PM Chief A""lstant Cn.mtyAttcmoy D.. Approved By Mlchaelpettil C<>untyAttomllY Approved By JamnV.Mudd Board of Coullty Commission..," County At1om...y Office 213IZQQ64:12PM C<luntyMallllll'" 0... COl.lnty ManOlller's Oltk. V7110llGIk4&AM Agenda Item No. 16F11 February 14, 2006 Page 3 of 3 February 14,2006 Barbara Hyde, Licensure Director Florida Department of Health Bureau of Emergency Medical Services 4052 Bald Cypress Way, Bin #C-18 Tallahassee, FL 32311-1738 Dear Ms. Hyde: The Board of Collier County Commissioners recently approved the renewal ofa Certificate of Public Convenience and Necessity (COPCN) for the Naples Community Hospital Healthcare System. Unfortunately, there were apparently a number of factors that contributed to the delay in processing the license. Please accept this letter as acknowledgement from the Collier County Board of Commissioners that the approved renewal COPCN should reflect licensure for the period of May 2005 through May 2006 pursuant to the Board's prior action of December 13, 2005. Thus, NCH did operate in Collier County in good standing during that period. County staff has taken steps, in conjunction with the NCH Healthcare System, to ensure a more timely notification to your department in the future. Regards, Frank Halas, Chairman Collier County Board of Commissioners Agenda Item No. 16G1 February 14, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to the Board of County Commissioners' budget amendment approval under 16 A) OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA) approve $250,000 in tax increment financing (TlF) from FY06 Fund 186 reserves to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. CONSIDERATIONS: On June 16, 2004, the Immokalee Local Redevelopment Advisory Board met to recommend that the CRA utilize TIF funds to assist with the establishment of a Florida State University School of Medicine rural health training center in lmmokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will, in turn, provide medical services to the Immokalee community. In 2004, the total cost for this project was estimated to be between $1.3-1.5 million, however, the cstimated cost has since increased. Most of the funding will be borne by the university and private donors. The funds being requested from the CRA are for initial costs associated with the appraisal and general cleaning .~ and repair of an unused 32,000 square-foot building in Immokalee currently owned by Naples Community Hospital (NCH). Provided that it remains a medical training facility and allows the hospital to operate a rehabilitation/physical therapy clinic out of one of its offices free-of-charge, Naples Community Hospital has agreed to donate this building to FSU's School of Medicine. A "building acquisition" expense line item was already set forth in the Immokalee Redevelopment Fund 186 for this project in FY05, and because of its considerable economic development potential for the Immokalee community, the Advisory Board recommended the approval of $250,000 to attract FSU's medical training facility, contingent upon FSU's commitment to establish the facility in Immokalee. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of specific costs be submitted for consideration before final approval of a dollar amount, not to exceed $250,000, could be made. To satisfy the CRA Board's request, Mr. Richard Akin, CEO of Collier Health Scrvices, Inc. (a partner with FSU's School of Medicine), submitted a budget outlining the project's start-up costs. Presently, Mr. Richard Akin affirms that the itemized budget remains unchanged. The budget is attached to this executive summary as Exhibit A. At the June 22 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. Upon review, the County Attorney's office found these expenditures to be consistent with both the Redevelopment Plan and Chapter 163, Florida Statutes. The itemized budget and legal review requested on June 22, 2004, were brought back to the CRA __ on November 16,2004, where the CRA approved the expenditure of $250,000 in FY05 Budget Agenda Item No. 16G1 February 14, 2006 Page 2 of 10 tax increment financing (TIF) funds. However, other necessary funding for the FSU Medical Facility was not realized and this expenditure was deferred to FY06 with budgeted dollars placed back into reserve until the timing of this project was clearly defined. On January 18, 2006, the Immokalee Local Redevelopment Advisory Board recommended approval for the $250,000 expenditure from FY06 Fund 186 Reserves, contingent upon the finalization of the necessary agreements between FSU and NCH, or any other involved parties, demonstrating commitment to establish the facility in lmmokalee (refer to attached letter of intent from NCH to FSU, Exhibit B). The $250,000 will remain in Fund 186 until agreements between NCH and FSU are executed, and until all external funding agreements are finalized. FISCAL IMP ACT: CRA redevelopment efforts are primarily funded through Tax Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. In practice, it is anticipated that the assessed value increment will increase each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The lmmokalee Local Redevelopment Advisory Board recommends that $250,000 in budgeted FY 2006 CRA funds (Fund 186) be used for this project. Approval of this expenditure will leave a balance of $499,900 in budgeted FY06 Fund 186 Reserves. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will implement the County's Redevelopment Plan. According to Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportunities in the health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: As previously mentioned, at the June 22, 2004 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. Upon review, the County Attorney's office found these expenditures to be consistent with both the Redevelopment Plan and Chapter 163, rlorida Statutes; therefore, it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: As stated above, the lmmokalee Local Redevelopment Advisory Board met on June 16, 2004 to recommend that the CRA approve the use of tax increment funds in FY05 to assist with the establishment of the rural health training center. In addition, the Immokalee Local Redevelopment Advisory Board met on January 18, /\genda Item No. 1681 February 14, 2006 Page 3 of 10 2006, and recommended approval for the $250,000 expenditure from FY06 Fund 186 Reserves, contingent upon finalization ofNCH and FSU agreements. STAFF RECOMMENDATION: That the CRA approve the expenditure of $250,000 in tax increment funds from FY06 Fund 186 Reserves, as set forth in Exhibit A, to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in lmmokalee; contingent upon the finalization of the necessary agreements between FSU and NCH, or any involved parties, demonstrating commitment to establish the facility in Immokalee. Prepared by: Nicole Fernandez, Senior Planner, Comprehensive Planning Department IlemNumber: Item Summary: Meeting Date; AC1Wlda item No. 1AG1 - FBtJruary 14. 2006 Page 4 of10 COLLIER COUNTY [lOARD Of COUNTY COMMISSlONERS 16G1 Ra"ommendati()~ lhat the Community Redavalopmant Agency (eRA) apf.>rove Ihe axpendl1ura of $2!;O,OOO from FYOIS Fund 181S ruerw$ to aul&l with the eSlablishment of a Florida Slate University School of MofIdicine rural hf!l'lllh trainin\l center in Immokalee. (Companion ~\Jm to Ihe Soard of County Commissioners budget amendma~t approval under leA) 2JHf20069:QOcOOAM Se.nl"rPlanner 0.. Prepared By Nieoh.fem~nd,,~ Community O<>velol'"""n! & El'll'ironm"ntJiIServi-cel lOlling & Land O<NPIQPlll<Jrrt R..vi<lw 1!2.7Il0GeZ:46;55PM """ Approved By RllndllllJ.Cohon CammllnityO.......lopmant& E",rironmllntalS..rvjcl!S Commuinty Plann;l1\1 and R...."""lo"mIllltManIl9.r CGmllf'"t1&nsi'X!Plannln'J ll11f2GlJ6:U6PM - Approved By Con,.tancIlA.J<>t1nson O"er~t;o""Analy"t Community Developmanl & Community Development & Envlro"mllntd S..rvk.." Envir<mmental g"'l"'Ilce!\ Admin, 11~OI20(l6 2;17 PM Approved By 0.... SandraLu E:o;etutiveSllc....lary Communit\ll)eVlllopmerrt & Comm\lnlty o..velDpm",nt & EnvironmllntaIServl"",,, EnvirOllm&nIaIS"r<icesAdrnln, t!J.CJ2(04);5{lPM Approved By 0.. Jo"eptlK,S"hm;tt C""'mun;ty[ffllflllopm<lnt& Envlronm..ntllISUr<icM Community OevelDpffillnt & Environm..ntllt S"fIIlcos Adminstrator Community O<>\ifrlollm..nl & EnvlronmeofaIS..rvlc.."A"mln. 1131J200G1l:.MPM Administrativ.,>\"s;"tant 0,. App'...vrdBy OMS Coordinator CouI'IIj'M..n&\l"r'sOffi<:e om"""otM.llagoment&f.I\ldllet 1i~112(!(lt 1:45 PM App'.o~ed By 6tJdg"tAnaly,.t 0.... Markt~",kH'n Cnunty Mam'(lllr's Offic. Office DrManag..m"nt&Sudg<it Z/1iZOG64:SIiPM C.,unltManager ""'" Appro~rd By J<>me5V.Mudd BClardnfC<>umy C<>mfllls-si.,n"". C"ulltyM''''a9"r'..om~ ZI2I260l';10;S1AM Agenda Item No. 16G1 February 14, 2006 Page 5 of 10 EXHIBIT A f Community Redevelopment Agency FSU Project, Immokalee FL Appraisal $ 15,000.00 Building Inspection $ 5,250.00 Paint & Cosmetic Repairs to Exterior $ 72,512.00 Paint & Repairs to Interior $ 32,302.00 Phase I Environmental Study $ 2,200.00 Miscellaneous costs: leaking windows, soap dispensers, towel dispensers, cabinet repairs, ceiling " tiles, removal 01 temporary wall, replacement of doors $ 32,586.00 Locksmith $ 1,560.00 Electrical $ 11,700.00 Cabinet Repairs $ 6,500.00 Plumbing Repairs $ 4,080.00 Flooring Replacement & Repair $ 5,511.00 Blohazardous Material Removal & Cleaning (mold) $ 8,900.00 t Landscaping $ 14,805.00 Equipment & Furnishings $ 37,094.00 TOTAL $ 250,000.00 01/26/2006 83:53 12396563058 AllM IN I STRATlON EXHIBIT B PAGE 01 Agenda Item No, 16G1 February 14, 2006 Page 6 of 10 1454 MadIson Avenue Immgkolee. F~ 34142 23ll.658-3'36 Collier Health Services, Inc. Fax To: NICOle Fernandez From, Kara Snyder F_, 239-213-2946 Pllfla.: 5 Including eowr sheet Phane: 239-530-6206 Dol"" 01126106 Re: Leiter of Intent ee, CI urgent x ,.,. Review [J ...... C6lL5I.liInt 0 PI.... R.pry [j .......Itecycle Kera Snyder AdministratiVe Assistant Collier Health Services. Inc. 23~58-3138 The Infonnalion in 1I1is facsimile end any attachments is confidential and may be subject to legal professional privilege. It is intended soiely for the attention and use of the named addressee(s). If you are not the intended r8<:ipien~ or person responsible for delill8ling this information to theln\ended recipient, please no6fy 1I1e sender immediately. 01/26/2005 03:53 12395583050 ADMINISTRATION PAGE 02 Agenda Item No. 16G1 01/2612005 08:58 ,\0)1 PR'W..A\VJi 14, 2006 Page 7 of 10 I',(;n: ./ill'i.'!J(2!'l.fI'l1'l ,r,I' ',~'''.!,<I.\ ::,."..t IJ .J...fJ....:IIJjll) "":1,'"1;.""),, NCH ..;:H.ll Healthcare ----- System ,.,.". CoIIII r:~u 11l!i10kNIthrltrklJN..IlMrJ Nlpfes,fl341tO CUfl 513-" T.J< Weth:rell, President TI,~ Floridl State UIliversity Tafllh=e", FL 32306-1470 Oe;\( Mr. Wetherell: 'In ,,;:balf ,fthe NCH Healthcare Systetlll would like to express our support of Florida Stile \J,\i.,~"."jfy',. (FSU) intellt to open a coUege of medicine satellite teacbini facility in !mIHok'alel', My recent visit with Dean J. Ocie Hams provided all e~celle%lt opportunity 10 'tJ11I nll\tt of the pl8llll the Collage of Medicine hat for the Southwest Florida aru. Such. prrlfl'3Tll.will...prmti.de ~n P-YNl'lInrt tdnt':tdinn,.1 ~nn'ty f'nr dft~lfIII'nh::. urhi1p::lIt th,. ":'lm9'.w.ne il1'lIl'ide an additional avenue for the hmnokalee colIllllUl1ity to access healthcare services ,:lG:,~r to t.ome. We welcome the oppol1:llnity to participate wilh FSU in this cause. W~ bdi, 've 11"1 NCIl's involvement will provide 11 unique opportunity for medical education in itlii: divl~r$t~ county. I h", (<jITe;:pondence will confirm the NeB HeaJtbeare Syst='s intent to donate the Isabel ('(,IIi,,, R",d Building, its wtderlying land, 8Ild its adj~ent parking areas located .n ';,%"1;<11,,, 10 FSU College of Medicine tbrou&J>, the Florida State University Foundation, the J.i1"'lIlfnml'ic ann of FSU. This donation is intended to assist FSU in establishing a ,''''',prel,m.ive, rural medie8l services training site in lmmokalee as a part of the FSU College "I' t,1~,jim e. The NCH Healthc.e SyJlem is maldng this donation to the FSU Collcge of ',kddl1c &ubject to the following undom.andings; J. As outlined by Dean Harris, FSU, through its College of Medicine and other beaJthcan llCadmnic units, iucluding the School of Nursing. and School of Social Work, plans to establish 11 comprehensive, rural medical ~ervicc leaching site located in the Isabel Collier Read building in !mmokaJee. When fully developcd this site will provide medical studenls as well as olhcr "n~ from other bealtbeaTe academic units, educatiDl1al cxpedences by worldng with local phygiciaas and FSU faculty members who mighl be 8!Signed to this location. The FSU College of Medicine will provide a faculty member 011 site at the lube! CoUier Read building to supervise the educational program and work with local physicians who might agree to scrve as cliDicaI l3adty. This leaching sile will allo~ ';h.dents, among other opportunities, to spend six to twelve months at this te.ching site and fulfill most of the required clinical c1etkships during tbe third year of medical education. These c1ericshlpa will include pediatrics. , .,~";,:~'..,,, ,) ..) 0:'; 01/25/2006 03:53 12396583eso ADMINISTRATION PAGE 03 01/26/2003 09'59 ~~Oi;>"ltjM:No. 16G1 . F\o!l'>iUiliy 14, 2006 Page 8 of 10 Fr.".-Im: obstetrics and gyDCCOlogy, family mMicine, generalIintemal medicine, general SUl'8"I'Y, and psychiatry. Fourth year required clerksmps inellldc advanced family medicine, advanced intmlal mMicine, emergency medicine and gerialrlCs. III addition, others from the FSU Collei<' of Medicine's regional campus system will hlrve the opportunity to obtain ruml health rolafions at the lmmolcalee site. When fully developed. it is anticipated lha! this Jmmoblc:e site will also provide the oppottunlty for n=1 public health rotations lllld l'CSearcb oppom.mjties in ruml health. 2. The FSU College of Medicine will fonn an affiliation with the NCH Healthcuc System 8IId its medical staff to provide the required rdw:ational experiences that canDOt be provided 11 the Immokalee site. The NCH Healthcare System's medical staff will be oriented to the FSU College of Medicine's educational program. Physici811S on the NCH Healthcare SyslelI1 medical staff who would like to participate in the propam and $erve as clinical faculty for the College of Medicine wiD be given the _ 9llP"rtuni\l(J'> Qly fur the for.IV~ "Pllfl;1)bnent }. The FSU College Of Medicine will develop elective rotatiolli at the NCH Healthcare System facilities including Naples Community Hospital aDd North Collier HOllpital fur Students in theit third and fourth year Of medical education in order to develop a more comprclIenslve meclkal education environment wit1lin Southwest Florida, unless those rotations cannot be accommodated by NCB. 4. Tbe. NCH Heoithcare System and iu medical staff may, at their option. become 811 integral part of the FSU College of Medicine's educational program .in Southwest Florida. ~. Whetl patients ICCII at the Isabel Collier Read building need re:fl:n:al for medical services, the Coller of Medicine will devolop a referral program that is consistent with Jocal customary pr3dice. The aflillatiOll agreement Inay call for the referral of patients to an NCH Healthcare System Facility, including but DOt limited to Napl... Community Hospital and North Collier HO.1'ital, unless the medical services ClIIIIIOt be offered at au NCE: Hea1thcaJe System Fa<:i1ity. 6. f'SU wllJ leas. to the NCH Hea1tbcare System at no cost, 5,000 contiguous square feet of finished area under air and _s to all common public areas ;11 the Isabel Collier Read building. If FSU develops a second floor of the ',.bel Collier Read building. the NOI Hea1thcare System will be provided with 00 optioD to lease, at no cog!, additional 5,000 contiguous square reel of finished SpllJ:<: nnder air on tbe second floor. fSU win not cbarge the NCH Hcalthcare Syst= any tenl fOT this space in the i.obe' Collier Read building. This spsce that is allocated to NCH may be used by Nen at NeH's discretion so long as in U!le is for medical or medically related 2 61/26/2606 63:53 1239&583658 ADMINISTRATION - rl\>i": Agenda Itel'rmo. ~1 OJ/26120C6 09'59 #001 1';OO'.l'illl!;14, 2006 . 'P1l!le 9 of 10 charitable putposes. The NCH Healthcare System will be responsible for its pro-rata share of !be common area eharses for !be Isabel Collier Read building. FSU agees that the remainder of !be Isabel Collier Read building, mcludiug any expam:ioa of the building, will be u&ed solely for acadCtIlJc pwposeB u administered by FSU, lbrougb its College of Medicine, to establish a comprehensive, rwal medical service leaching site. 7. The parking IIml$ that are located immediately adjacent to the Isabel Collier Read building will be for the _ of die occupants of the Isabel Collier Read Building. 8. The Isabel Collier Read building will retain !be lWIIe "lubel Collier Read" building, and FSU win refer to it as: sucb in all marlceting and promotional materials and in ita <beriptions oflbe building. U FSU will commence a viable program through its Colles<: of Medicine and _'.. !.!lhcL.l1ealth<;llrI! &eRA"",ic unil.!l. indlldinr thlt..swQllLof NPl)ling and Scho<ll of SociaJ Work, plans to eublish a romprebensive, n.traI medical service teacbing site located in tb. Isabel Collier Read building as soon as possible but DO later than by May I, 2006. It i. undc:rslood that the initial program may be limited in IllIture and nWllbers lmt the College of Medicine will talce continuing strides 10 build the program outlined in paragraph I above. FSU will seek all appropriate funds to insure the Iocgevity of thc program. 10. The conveyance of the Isabel Collier Read building to FSU will be <:onlinsent ttpOn both parties complying with the tCl'lllll of this letter or intent and subsequent agreement& which are executed by th. partil!$ fm the purpose of memorializing the tetDlJ of this letter of wtenL Should the fSU Foundation wilIh, for any reason, to tJ'itlafcr ownershlp of the lsabd Collier Read building it will traDSfi:r owncr.;hip of said building either to fSU or return it 10 NCH Hcalthcue System. A transfer of the Isabel Collier Read building from the FSU Foundation to FSU will DOl relieve FSU or the FSU Foundation of its obligations as set forth in this lelter of intent or any ,ul>sequent agreements wluch may be executed by the patties. FSU may nor subuquently t!1lnsfer the ownership oC, or otherwise transfer the use of the Isabel CoLlier Read building to any other party without the express wrirten pelDlission of die CEO of the NCH Hcalthcare System. In the event IMl FSU docs not secure lbe /\mds necessary to reDovale the buildiog. 10 operate and maintAin the building on a continuing b3>is, or secure legislative funding of the clinical operations, then the ownership of and IItle of the Isabel Collier Read Building and associated landsite and parking "r<:aS will immediately revert to the NCH Healtheare System. Should FSU breach any of the terms of this 1._ of intent or any subsequent agreements wbich are executed by the parties for the putpOs. oC memorializing die lerms of this letter of intent, then the owomhip of and tille 10 tile Isabel Collier Read building and associated landsite and parking areas will immediately revert back to the NCH Hcalthcare System. 3 61/26/2666 63:53 123%583858 ADMINISTRATION PAGE 05 01/26/2006 10:00 ~~~WyN1~,1~~~ Page 10 of 10 ,'r")i( !'I;j" 1,~l1er of intent re:flects certain temlS that III'C int<:nded to be embodied into defmilive "g,,'=,nli. It is undentood that these definitive agreements may contain other terms and eMlditions lbat remain to be ncgoQated and agreed to by the parties. Each party ~aJ] use 'VJod fuifh efforts following the execution of this letter of mle11t to negotiate and execute the .".:.~,,..."ry definitive agreement& incoxporalina the terms and conditions outlined above and ""slnmary representafiollS, wammties. covCDants and other staIldard proviUOIlll relating 10 !,,'" ,acb.a", of the nature cOIItemplatcd by Ibis letter of intetll which are acceptable to the ,-"'lies. It is the express intent of the parrics to CJ<ecute the definitive agreements no later funn 'OIl} \,20(06. How"",,,,, UIItil the: parties execute such definitive agreemcnlll, and the same ~re 'i,.:,(<wd .,y their respectivlO governing boards and eOIl!lSeI, neither party shall have Dny '..,:"lIy biding obligations to the other. If the psrtles have not negotiated, approved and ,,,,,,.<1 ,'efinitive agreements by July J, 2006 then this letter of intent will be con,idered :<,,,,,ii1al~d. FSU agrees 10 pay for the NCH Healthcate System's costs associated witb ,J'< :,i,;g this donation oflbe Isabel Collier Read building. .'!..:. ,.ld th/..tClIlla....oi.thiLJ.etlJ:Lo.tinlelluneeL~aJ.-pIeas....sipJa.the..sp.c~..... W'1\ oj",\ bolow and ret\llII one of the enclosed original letters (3) 10 me. ",""r J~ .)"..l.\J...~_ , J'.~..~/ /7 4h /..<'" / "".":--:lU.{hs~'f'o/n:::/~ ',. ~"J 41\\ t1frJ A. tv!orton . '''',l F.,,, utlve Officer .,;....Pl~y: .,,-', ~ /! '.( / I \ (. .."X-- ";~. Wd'l/"ell, President "'.'" i kri.! .ttllte University ,!.r I .. i; "!.,P/ 0. ,J T "1'" , I "\.J"~ ,~ ...., / -'. .L ,....."'. . ; .._:::::v~ ~ !/)'. ().-je IrJJri~, Dean 1:',)_1~ ~~Sl~ of Medicine f'~(.i:r~ta SuIte University Ii' !l'~.<f ~L ~} './,. 4 Agenda Item No. 16H1 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County mattcrs. COMMISSIONER: Tom Henning FUNCTIONIEVENT: Economic Development Council of Collier County's 30th Anniversary Kickoff Celebration PUBLIC PURPOSE: To celebrate 30 years of Economic Development in Collier County DATE OF FUNCTIONIEVENT: Monday, January 30, 2006 FISCAL IMP ACT: $60.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 02114/2006 ....- Item Number: Item Summary: Meeting Date: Agenda Item No. 16111 February 14,2006 Pvge2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER$ t5Hl Commissioner Tom Henning requ6$ting reimbursement for attendin~ a function serving a valid public purpose Commissioner Henning to attend the Economic Deve-Iopment Council'a 30th Anniversary 01 Economic Ptwelopment at the Nnples Beach Hotel nnd Colt Club on January 3D, 2006. S60,00 to be paid Irom Commissioner Henning's travel account 2!14/Z0069:00:00AM 0.. Prepared By Sam TlIcker SOllrtlofClIunty Comm;~slolle"" Ex.ecutl"e Aid",tott1tl SCC BCCOffice ttZ5J20061tl:3$:,uAM D.. App"ovedBy Sue FI!SQll a"ardofCQunty Commissioners E"ecllli"eM~nll9"'rtoth<o BCe BCCOffi<;e 1126IUllJ64:UPM D.. App,'oved By ""m""V,Mudd B<'IIrdofCQullty Commissi,,,,eB CountiManaller CountyManagu'sOlfic.. 1128IZIHIG12:1{\PM 'r' conomic Development Council of Collier County ,,-...,~ l J~. 0: i--I ~~ l -~ ............t;'o< ,...---, 3: L ;;;. '" i--I 0. t'11 q' ~~ "'" ~ n"" C') '" " O~ .. " C~ Z~ '--3 f " '... ~ ~.~ : .::: ~ l'.LORIllA Cordially Invites you to C..e1ebr.d.te 3() years of Economic Development Monday, January 30, 20M 3:00 PM Registration 3:30 PM Meeting 5:00 PM Celebration Naples Beach Hotel and Golf Club 851 Gulf~bore Boulevard i';otth $60.00 Members' $75.00 Non Members Please RSVP By Friday. January 27, 2006 Recognizing thc "ESSENTIAL 30" partnerships, people and places. HoJ'S d'oeuvres and Cocktails will be served Please c.U239.263-8989 to register or complete the reverse side of tins card and fax back N 0 sho,,~ will be billed! Agenda Item No. 16H2 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: Gulf Citrus Best Management Practices KickOff Event .- PUBLIC PURPOSE: To represent County Government, as this deals with protecting and improving water quality for citrus operations in Collier County. DATE OF FUNCTION/EVENT: Fcbruary 1,2006 FISCAL IMPACT: $10.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 14,2006 --- Agenda Item No. 16H2 February 14, 2006 Page2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16HZ Commissioner Coletta requests llpprt>val for reimbursement ftlr attending a function serving a \/alidpublicpurpos8 Commissioner paid in advance 10 all'lI"Idlha Gulf Crtrus 8elll MllOegement Practic8S (BMP)KickoflEverrt scheduled on February 1. 200 6 and isrequesling r~imbursemerrt in the amQunt of $1000, to be paid from his tfilvel budget Meeting Dale: 2114f20069.00cOQAM P~parrdBy Nano:yRo.\liall Boaroof COllnty Cummi$",lo"e~ EK1H:Ulive I\ld" t"the ace 0.... I3CCQffke ZI1I:!:00G10:4S:32I\M App,'oved By Sue Filsoll E",.",:utilleMana9<1rtotheScC 0.... a<>"lfllofCounty Commi",sioners I3CCOfllce 2111~1I01111:34AM Approved By Ja",&sV.M"dd Elt.ardorCounty Commj,.sl"fl<l~ CQunlyM"maQI5l' 0.." CountyMllflllg<lrsOffi<'fl 21112ll0111:WPM ~. Cooperating Agencies ~~ .. 1I'J1\ II~"I f\ or' tf,,;, FLORIDA IL\c. EXTE'\SION ,\",/ :::.~ ~ -., ...,- F~h Flmida IlfJlKI!l'j -:: \ ~ o NoeC IlaturalReIOurm ~ f'I )[O~5el\allUn5e~l[e Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol, Tallahassee, Florida 32399-0800 Ag~rrcJatleml\lo. ,J.!3J;j,2 . 'February \4,;-:?Q.Qp . Page 3 or 3 '..' :\:';5 . /' C;l J~t\ CO~M. RECD lOP~ ~ff"mt@ ~- On behalf of the Gulf Citrus Best Management Practices (BMP) Steering Committee and the Gulf Citrus Growers Association, I would like to take this opportunity to cordially invite you to participate with us at the "Gulf Citrus BMP Kickoff Event" which is scheduled for February 1. 2006. The event will be held at the A Duda & Sons facilities located on 'State Road 29 about 6 miles south of LaBelle in Hendry County from 11:00 a.m. until 1:00 p.m. and will include a complimentary Junc[l. We have assembled a distinguished group of speakers who -Will address various topics of interest relating to watershed protection. January 4, 2006 The primary focus for this event is to introduce and distribute our newest BMP manual, entitled. Best Mamlgement Practices for Gulf Citrus. This manual reflects nearly two years of hard work by a dedicated group of citrus growers plus local, state, and federal agencies. When used by producers, the manual will protect and improve water quality for citrus operations in Charlotte, Collier, Glades, Hendry, and Lee counties. This effort is of special significance for the Caloosallatchee Rivcr, which is an important nursery and fishery for many species, and is an estuarine system of national significance. As many of you are aware, Florida citrus growers must utilize all tools available to them in order to remain competitive. Best Management Practices, which create reasonable environmental standards for participating growers, are one such tool. Despite all of the challenges faced by agriculture, including the recent hurricane damage and our ongoing struggle to combat citrus canker statewide, Florida citrus remains among the State's leading cash crops. In fact. the Gulf Citrus watershed alone rivals that of the entire State of California in terms of citrus producing acreage. These same acres are also critical to protecting water quality, providing valuable water recharge areas, and creating perennial open or "green" spaces throughout Southwest Florida. 1 want to again thank all of you that participated with us in the development of this important BMP manual and watershed protection initiative. I trust that you will join me on February J" as we celebrate and formally introduce this valuable water resources protection effort. Please RSVP with the enclosed card or call in your reservation at (863) 675-2180 by January 25m. Thank you for your interest. l Sincerely, Charles H. Bronson Commissioner of Agriculture Agenda Item No. 16H3 February 14, 2006 Page 1 of4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose. provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: Annual Gulf Citrus Country Gala ~ PUBLIC PURPOSE: Support the gulf Citrus Growers & mingle with residents and elected officials of neighboring counties. DATE OF FUNCTIONIEVENT: Saturday, March 18,2006 FISCAL IMPACT: $50.00 Funds to be paid trom Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 14,2006, 16.H.3. ,-- Item Number: IlemSummary: Meeting Date: .'\gendaltem No. ,f,H3 February 14,2D06 Page2of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 Commissioner Fiala requesls Br:>(;lrd appmval for reimbursement for f...ods paid to Mlend a function lill!Ying a val\d pUblic purpose. To attend the Annual Gulf Cilruli Countly Gala on Saturday, March 18. 2006 at the LaBelle CiVIC C.,ntar; 550.00 to lla paid from Commissioner Fiala'stravC!lbudget_ 2114/Z0069:QO:OO!oM e:""cutive Aida W the Bee o.g Prepared By ""thyH;\Ihb"ugh ~rdofCounly C<>mm;~s;"""r$ BCCOfik... 2J2I201161:l:01:50AM Approved By E"""uUI1"Managertoth<,eCC o.g S,,<!FlIson a....rdofCOunty Cornmlasi,,,,ers aCCOftice 2J2I20llt1:31 PM Approved By JUlllesV,Mudd CQuntyM..f1ell6l' o.og EloardofCOllnty C<>mmissloi'lf't1I CountyMlil1all"r'$Offi~ 2J'v20%1:1/1PM RECEIVED JAN 2 7 2006 Agenda Item No. 16H3 Fobruary 14. 2006 Page 3 of 4 Post Office Box 131c LaBelle. Florida 3397::> Phone: 863-675-2180 Fax; 863-675-8087 [~0"r(i of Cc~;ri:)' C0m)!l;r.-SI;i11e~-S January 12, 2006 EACH (OMM. REeD COpy @FH TH FC J( On behalf of Southwest Florida's "Gulf" citrus growers, 1 cordially invite you to attend the Annual Gulf Citrus Country Gala-a truly fun filled evening out in the country! The enclosed promotional piece and ticket reservation form provides all the details you need to come to LaBelle and join in our "feast" and "fellowship" in the heart of "citrus country" ! The Gulf Citms Country Gala is fast becoming one of the biggest social events for citms folks, their alljed trades and their guests here in the region. Proceeds from the event help extend the association's community and governmental relations programs on behalf of citrus growers. We will be happy to answer any questjons regarding this letter and invitation. Ya'lI come! ~-- , I 1c. 14, ~. ~/ {tI( oG Agenda Item No. 16H3 February 14, 2006 Page 4 of 4 ff t~ "1. Al>_ ~ "IIf. """I'~'~::III.I"I'",,1. "C ::: ~~tl.~ ~ :: ~ GRAB yol,'; PARTNER, ROUND UP YOUR ; NEIGHBORS, KICK UP YOUR HEELS & JOIN US FOR ~ SOME FOOT STOMP'N FUN! -=. ~ ~ ~ ~ ~ ~ ~ t \ ~ ~ ~ ~ ~ ~ ~ GULF CITRUS COUNTRY GALA ~ Saturday, March 18, 6:00p.m.-'til? ~ LaBelle Civic Center ~ (Directly Behind City Hall) ~ 481 State Road 80, LaBelle " $100 per Ticket (Admits 2) _ There will be Steak Dinner'n Fix-ins ~ Prepared by the ~ Hendry County Cattlemen's Association ~ $1,000 CASH PRIZE DRAWING! :"ff Enjoy Auctions & Raffles ~ Country Casual Attire! ~ [ ] PLEASE SEND ME --L TICKET (S) TO THE COUNTRY GALA @ ~ $100 EA. (ONE TICKET ADMITS TWO PIWPLlq ...,... TOTAL ENCLOSED: $ fQ{J,oO - ~ (pLEASE MAKE CHECKS PAYABLE TO GULF CITRUS GROWERS S ASSOCIATION AND INDICATE "GALA TIC~TS.:') ,f)~ ' )-. NAME: bonn.a .:haJ.tv~m(~S-i,,~ /~~ i'VA-(~D{Jxn,:Y ADDRESS: 3501 -rtimJ~ml.- -,-:i-&.7 {PHo::r(!.-!y ,,511 ,&ml"~~ CITY / STATE / ZIP: ;J4jJte'5. K/ 31/111-- ~ TELEPHONE: P.<11- T1t/- 7lJ'1, ~ RETURN FORM WITH PAYMENT TO: Gulf Citrus Growers A,ssoeiation ~ P.O. Box 1319 '\ ~ 1'11:. I~aBelle, FL 33975 ~i ~ '.111 ~1;~III,,'IIII"";;j~" Agenda Item No. 16H4 February 14, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fTatemal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: 2006 Humanitarian Award Luncheon PUBLIC PURPOSE: To honor Michael Watkins & Ellin Goetz and mingle with constituents and local leaders. DATE OF FUNCTION/EVENT: Thursday, February 23,2006 FISCAL IMPACT: $125.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-4 I 0, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: February 14,2006 ,....~'". ".gend" Iten No. ~6H4 FBbrJar~ 14. 2G06 Page2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSlDNERS Item Number. 16H4 Meeting Date: Commissioner Fiaia requests Boara appro.al for reimbursement for funds paid to attend a lunc!ion se0ling a valid putllicpul'pOse, Commissioner will tleattending lhe2006 Humanitarian Award Luncheon on February 23. 2005 at the R~t.Car~lJr Bellch Resort; S125.QOto llo paid from Comm;ssioner Fiala's lravel budgal 2i14/2COS9:0Q:OO,A.M Item Summary: Pl"epHredBy Kathy Hi\lhbaugn BOllrd<lfC<lullf)' Cormni...,.jonNa EucullveAidllt!,t!leecc "'.. BCCOfficlI 2f11211004:11:01 PM Approved By su"nl'Soll Board of County Comml~..ionel"5 ~eu\i"..M...,a\l..rtotl1"acc "'.. BCCOffic_ 1I11211tlt4:26 PM Approved By James V. Mudd County Manager 0... enardofCounty Cnmmh,,,iQ,,e,s County lill",agers Offil"! 2f1120{)t!i:36PM fIl&1 Agenda Item No. 16H4 February 14, 2006 Page 3 of 3 Agenda Item No. 16H5 February 14, 2006 Page 1 of 4 EXECUTIVE SUMMARY To adopt a Resolution in support of the Public Safety Coordinating Council's Resolution No. 2006-01 for support in attaining additional Judges, Assistant State Attorneys, Assistant Public Defenders and supporting personnel for the Judicial System of Collier County OBJECTIVE: For the Board of County Commissioners to adopt a resolution in support of the Public Safety Coordinating Council's Resolution No. 2006-01 advocating additional staff for the Judicial System of Collier County to assist in moving those charged with criminal offenses though the system in a safe, expeditious and efficient manner; thereby resulting in more effective management of the jail population of Collier County. CONSIDERATIONS: The Public Safety Coordinating Council (PSCC) is defined in Florida Statute 951.26. The purpose of the Public Safety Coordinating Council is to facilitate communication with elected governmental officials in particular in dealing with jail overcrowding, courthouse space requirements, and general manpower needs issues. ,-'~ At a Special Meeting on January 27, 2006 the PSCC unanimously adopted Resolution No. 2006-01 to advocate support by the Collier County Board of County Commissioners in attaining additional Judges, additional Assistant State Attorneys, additional Assistant Public Defenders and supporting personnel to move those charged with criminal offenses through the judicial system in a safe, expeditious and efficient manner, thereby gaining the ability to more effectively manage the jail population of Collier County. FISCAL IMPACT: There is no direct fiscal impact associated with adoption of the Resolution. GROWTH MANAGEMENT IMPACT: There IS no impact on the Growth Management Plan associated with this item. RECOMMENDATION: That the Board approve the Resolution and authorize the Chairman to forward both the Board's and the Public Safety Coordinating Council's Resolutions to Governor Bush, the President of the Senate, the Speaker of the House, Appropriation Chairs and the local Legislative Delegation. PREPARED BY: Winona Stone, Assistant to the County Manager - J\gendalteonNQ, ",6H5 FebrudY 14, 2806 P"gc2of4 COLLIER COCNTY SOARD OF COUNTY COMMISS10NERS Item Number. Item Summary; i6HS Mealing Date: To 1I<10pt a ReSlllu\ion in ~upport of the Public: Safely CO<Jrdlnlltinll Councirs Resolution No 2000-01 for support in aUalning additional Judges, AssiMant Stale Atlllrneya. Assi.stal\l Public Oafendersand supporting personnel rorlhaJudlcialSyslamofC olliarCounty 2114/2DD69:DO:OONJ. Approved By JarnuV.Mlldd CmmlyM'IInager 0". Bondo/Collnty CommisslclrIlI!s CountyMaBeger'$Offi~. V~1201181;1a PM RESOLUTION NO. 2006- _ Agenda Item No. 16H5 February 14, 2006 Page 3 of 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA, SUPPORTING THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL'S RESOLUI10N FOR SUPPORT IN ATlAINlNG ADDmONAL JUDGES, ADDmONAL ASSISTANT STATE ATrORNEY5, ADDmONAL ASSISTANT PUBLIC DEFENDERS AND ADDITIONAL SUPPORTING PERSONNEL TO MOVE THOSE CHARGED WITH CRIMINAL OFFENSES THROUGH THE JUDICIAL SYSTEM AND THEREBY GAIN THE ABn.ITY TO MORl! EFFECTIVELY MANAGE TIlE JAIL POPULATION OF COLLIER COUNTY. WHEREAS, the Collier County Public Safety Coordinating Council, pursuant to Section 951.26, Fla. Stat., is required to meet for the purposes of assessing !he population sll\tuS of all detention or correctional facilities that are owned or contraCted by Collier County and to formulate :recommendations to ensW'e the capacity of such facilities are not exceeded; and WHEREAS, there: is a direct impact to the population of local detention or correctional facilities relative to the ability to move tho.. charged with criminal off...... through the use of !he sy.tem in a .ate. expeditious snd efficient Dl8fIIIe1'; and WHEREAS, the Collier County Public Safety CooJdinating Council acted by ....oIution on January 27, 2006, to advocate the support of the Board of County Commissione" of CoDier County, Florida in attaining odditional judges, additional 88ai_i'state 'attorneys, additional ..aistant public defenders and additional supporting penonnel for the purpose of better moving thOllO charged with criminal offen.es through the judicial .ystem in a safe, expeditious and efficient ~ and thereby more effectively manage !he jail population of Collier County (copy of Public Safety Coordinating Council Resoiution attached as Exhibit I); NOW, THERER>RE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COlLIElt COUNTY. FLORIDA: The Board of County Commi.aion... of Collier County, Florida hereby .uppona !he Collier County Public Safety Coordinating Council's request to support attaining additional judges, additional assistant state attorneys, additional assistant public defenders and additional supporting personnel to better move thOllO charged with criminal offenses through the judicial system in Collier County in a ,afe, expeditious and efficient manner and thereby more effectively manage the jsil population of Collier COUllty. This Resolution adopted after motion, second, and majority vote on this _ day of Peb1U8IY, 2006. A1TEST: Dwight E. Brock, CLERK BOARD OP COUNTY COMMISSIONERS OF COllJER COUNTY, PLORIDA BY: BY: DEPUTY CUlRK Frank Halas, CHAIRMAN Approved lIS to tom and legal ,ufficiency: ~'-';/-UI- Michael W. Pettit, Chief A,si'l8l1t County Attorney ~119'N<U1 R6S0LUl'ION NO 2006-01 A RESOLUI10N OF TIlE PUBUC SAFETY COORDINATING COUNCIL OP COLLIElt COUNTY PBRT AlNINO TO SUPPORTINO TIlE A1TAlNMI!NT OF ADDmONAL JUDGES, ASSISTANT STATB AtTORNEYS, ASSISTANT PUBLIC DEFENDERS AND SUPPORTING PERSONNEL FOR' THE JUDlClAL SYSTEM OF COLLIER COUNTY IN TIlE TWlNI1ETII JUDlClAL CIRCUIT OF THE STATE OF FLORIDA WIIIlRBAS, tbe 1'1lblli: SaI\:ty Coordinatios Coomcu of Collie< CouDty, p\IJlIlIOIlI to SoctIon 951.26 Florida Statu.... iI required to ..- for lb6 JIIlIIlOOO of ..-ins the populatiOll ....... of oIl _011 or COO'I'llCIiomI ficllillel owned or contnu:sted by Collier County and to formwlte reenmf'Nllf'lllJltions to CIIIUte that tho cap6clti.el of web facUities are not ClXceedod; lDeI. WHEIlBAS, !here is . _ fmp&ct to tbe popuI&\ions of 10'" _lion "" correc:tiOllIl! facilili<o ",loti.. to the &bmly to ..,.. lbooe cIuIrpd with crimiDaI -lIIIulI8b tho judicial_ in. afo, axpocIiDoolIlII1d officieul_ &Dd WIIEREAS, tho Pahlic SaI\:ty CoonIinWns Coomcil of CoDi... CouIIly has ..- . __ _ _011II _.... roquired ., lICCOlIlp1i1b tho pi of ...viDlr tbo.. clw1led with crimiD&1 offen'" through tbe judicial '}'Atom of Colliet County in a..r.,.exped,ItloulI and.tIicic:m DllDnor; and WHEREAS, the Pahlic Saf<<y CoordiDItinI Council of Collier Coanty deems it ~ 10 ~ .....;n~.l Judges. addiIiOllll ~ Slate Attorueys and additiOllll AJ8_ Public Ilol'eDdem &Dd auppDItIna penocoel fa< CoI1i<< CoaDty in the TwoaIIeIb 1ud1cia1 Circuit ofFlcrida. 10 mow _........ wilb criminal 0_ thtoo18h tbe judicial 'ysIem in a ..r., eopedllIoaa snd ellicieoIlIIllIIllOr &Dd tbenlby mOR> effectivelylJllD.88!llg thejl1l population ofCoUier CoaDty. NOW TIlBREFORE, BB rr RBSOLVED BY THE PUBLIC SAFElY COORDINATING COUNCIL OF COLLIER COL 'NTY, FLORIDA. THAT: Tho Public Sofcty CoordiOllliog CouIlCU of Colli... CoaDty h<<by sdYOCales fa< support by the BOARD OF COUNlY OOMMlSSIONBRS OF COLLIBR COUNTY, FLORJDA In 8It.IInlng additional Judges, _ _ Slate Aaomey8, ....."""'.1 Alsistant Public Defenders and 8IlpP<l<ling pcnoODO! to...... _ clJarBed with crimiDaI olfeJl8Cll through the judicisl _ in a safe, c:xpeditIooa led e1Iiciart mannar &Dd thereby JllIini"ll tho sblllly to more ~Iy """"go tbe jail populalion of Collie< COUllIy. THIS RESOUTION ADOPTllD alter motion; 0CC0Ild III1d ms,jority vote this 27th ~ of 1_,2006. ATTEST: Dwight E. Brock, CLERK PUBLIC COUNCIL ^ BY: BY: DBI'UTY CLERK . L~:5:~~ Ifv Chief AssiItD CouIIly Allomey ]')'-1231'11 Agenda Item No. 16H5 February 14, 2006 Page 4 of 4 I EXHIBIT -1. Agenda Item No. 1611 February 14, 2006 Page 1 of 6 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 14, 2006 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) December 17, 2005 through December 23,2005. (2) December 24, 2005 through December 30, 2005. (3) December 31, 2005 through January 6, 2006. (4) January 7,2006 through January 13, 2006. B. Districts: (1) Port of the Islands Community Improvement District: Agenda of August 26,2005; and Minutes of August 26,2005. (2) Collier Mosquito Control District: Meeting Schedule for Fiscal Year 2005 - 2006. C. Minutes: (1) Bayshore Beautification MSTU Advisorv Committee: Minutes of December 14, 2005; and Agenda of January 11, 2006; Agenda of February 25, 2006 (Special Meeting); Agenda of February 8, 2006; Minutes of January 11, 2006. (2) Bayshore/Gateway TrianQle Local Redevelopment Advisorv Board: Agenda of January 3, 2006; Agenda of December 6, 2005; and Minutes of December 6, 2005. (3) Collier County Citizens Corps Advisorv Committee: Minutes of November 16, 2005; Minutes of December 21, 2005; and Agenda of December 21,2005. ,...- H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.14.06 Misc. Corresp. Memo.doc Agenda Item No. 1611 Fobruary 14, 2006 Page 2 of 6 (4) Collier County Coastal Advisory Committee: Minutes of January 13, 2005; Minutes of February 10, 2005; Undated Memo regarding the budget workshop held on February 18, 2005; Minutes of February 18, 2005 (Workshop Session); Agenda of March 10,2005; Minutes of March 10, 2005; Minutes of March 24, 2005 (Special Session); Agenda of March 24, 2005 (Special Meeting); Minutes of April 14, 2005; Agenda of April 14, 2005; Minutes of May 12, 2005; Agenda of May 12, 2005; Minutes of June 9, 2005; Agenda of June 9, 2005; Minutes of August 11, 2005; Agenda of August 11, 2005; Minutes of September 8, 2005 (FDEP Workshop); Minutes of September 8,2005; Agenda of September 8,2005; Agenda of September 8, 2005 (FDEP Workshop); Minutes of October 13, 2005; Agenda of October 13, 2005; Minutes of November 10, 2005; Agenda of November 10, 2005; Agenda of December 8, 2005; and Minutes of December 8, 2005. (a) Collier County Erosion Control Line: Minutes of March 10, 2005 (Workshop). (b) Coastal Advisory Inlet Sub-Committee: Minutes of April 5, 2005 (Fieldtrip and Workshop); Agenda of April 5, 2005 (Fieldtrip and Workshop); Agenda of May 3, 2005 (Workshop); Agenda of May 12, 2005 (Workshop); Minutes of June 3, 2005; Minutes of August 11,2005 (Workshop); Agenda of August 11, 2005 (Workshop). (5) Collier County Contractors' Licensinq Board: Agenda of January 18, 2006. (6) Development Services Advisory Committee: Agenda of January 4, 2006; Minutes of January 4, 2006. (7) Collier County Emerqency Medical Services Advisory Council: Agenda of January 26, 2005; Minutes of January 26, 2005; Minutes of February 18, 2005 (Workshop); Minutes of February 23, 2005; Undated Announcement canceling the March 23, 2005 meeting; Undated Memo canceling the April 2005 meeting due to the lack of a quorum; Minutes of May 25, 2005; Informal Minutes of June 22, 2005 (No Quorum); Unofficial Minutes of July 29, 2005 (No Quorum); Minutes of August 2005 (incomplete date); Agenda of August 24, 2005; Minutes of September 28, 2005; Undated Notice of Cancellation for H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.14.06 Misc. Corresp. Memo.doc Agenda Item No. 1611 February 14, 2006 Page 3 of 6 ~.. October 26 (incomplete date) meeting (No Quorum); Undated Notice of Cancellation of the December meeting (members out of town); Minutes of November 22,2005. (8) Environmental Advisorv Council: Agenda of February 1, 2006; Minutes of December 7,2005. (9) Forest Lakes Roadway and Drainaae MSTU Advisorv Committee: Agenda of January 11, 2006; Minutes of December 14, 2005; Advisory Committee/Board Four-Year Review by the Board of County Commissioners for Fiscal Year 2006; Agenda of February 8, 2006; Minutes of January 11, 2006. (10) Golden Gate Community Center Advisorv Board: Agenda of February 7,2005; Minutes of February 7,2005; Agenda of March 7,2005; Minutes of March 7,2005; Agenda of April 4, 2005; Minutes of April 4, 2005; Agenda of June 6, 2005; Minutes of June 6, 2005; Agenda of August 1, 2005; Agenda of October 3, 2005; Minutes of October 3, 2005; Agenda of November 7, 2005; Minutes of November 7, 2005; Agenda of December 5, 2005; Minutes of December 6, 2005; Memorandum dated January 3, 2006, listing the dates there were no meetings; Agenda of January 11, 2006; Minutes of January 11, 2005. (11) Golden Gate MSTU Advisorv Committee: Agenda of January 10, 2006, Minutes of December 13, 2005. (12) Collier County Hispanic Affairs Advisorv Board: Memo dated January 6, 2006, from Colleen M. Greene, Assistant County Attorney to Winoma (sic) Stone regarding Meeting Minutes and Cancellations; Amended Agenda for February 24, 2005; Minutes of February 24, 2005; Agenda for September 22, 2005; Minutes of September 22, 2005; Agenda for October 13, 2005; Minutes of October 13, 2005; Agenda for November 7, 2005 (Joint Workshop with the BCC); Minutes of November 7,2005 (Joint Workshop with the BCC); Minutes of November 10, 2005; Agenda of November 10, 2005; Agenda of December 15, 2005; Minutes of December 15, 2005. (13) Collier County Historic and Archaeoloaical Preservation Board: Letter dated January 6, 2005, from Raymond V. Bellows, Historic Preservation Coordinator, to Susan M. Harp, Certified H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.14.06 Misc. Corresp. Memo.doc Agenda Itern No. 1611 February 14, 2006 Page 4 of 6 Local Government Coordinator regarding Meeting Minutes, Scheduling; and Cancellation of the December meeting; Agenda of January 18, 2006; Minutes of November 16, 2005. (14) Immokalee Beautification MSTU Advisorv Committee: Minutes of November 16, 2005; Agenda of November 16, 2005. (15) Isles of Capri Fire/Rescue Advisory Board: Agenda of January 6, 2005; Agenda of February 3, 2005; Agenda of March 3, 2005; Agenda of April 14, 2005; Agenda of May 5, 2005; Agenda of June 9, 2005; Agenda of July 7, 2005; Agenda of August 11, 2005; Agenda of September 1, 2005; Agenda of October 6, 2005; Agenda of November 3, 2005; Agenda of December 1, 2005. (16) Conservation Collier Land Acquisition Advisory Committee: Minutes of December 12, 2005; Form 8B Memorandum of Voting Conflict for William Hager Poteet, Jr. dated December 12,2005; Agenda of January 17, 2006. (17) Lelv Golf Estates Beautification MSTU Advisory Committee: Agenda of January 19, 2006; Minutes of December 15, 2005. (18) Library Advisory Board: Memo dated December 20,2005, from Luz Pietri, Administrative Assistant, to Winona Stone, Assistant to the County Manager regarding Minutes, Agendas, and Cancelled Meetings; Agenda for December 14, 2005. (19) Parks and Recreation Advisory Board: Agenda for December 21, 2005; Minutes for December 21, 2005; Agenda of January 18, 2006. (20) Pelican Bav Services Division Board: Memo from Barbara Smith to Sue Filson, Executive Manager of the BCC dated December 20, 2005, regarding Missing Agendas and Minutes; Agenda of February 2, 2004; Minutes of November 9, 2005; Minutes of December 8, 2005; Agenda of January 4, 2006. (a) Budqet Sub-Committee: Agenda of January 25, 2006; Minutes of September 21, 2005. (21) Collier County Planninq Commission: Minutes of November 17, 2005; Minutes of December 1, 2005; Agenda of January 5, 2006. ,-- H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.14.06 Misc. Corresp. Memo.doc Agonda Item No. 1611 February 14, 2006 Page 5 of 6 (22) Collier County Government Productivity Committee: Memo dated December 28,2005, to the Board of County Commissioners from Barbetta Hutchinson, Executive Secretary, OMB regarding Meeting Minutes and Agendas and a Cancelled Meeting; Minutes of October 19, 2005; Agenda of January 19, 2005; Agenda of February 16, 2005; Agenda of March 16, 2005; Agenda of April 20, 2005; Agenda of May 18, 2005; Agenda of May 24,2005; Agenda of May 27, 2005; Agenda of June 15, 2005; Agenda of August 17, 2005; Agenda of September 21, 2005; Agenda of October 19, 2005. (23) Radio Road Beautification MSTU Advisory Committee: Agenda of January 17, 2006; Minutes of November 15, 2005. D. Other: (1) Collier County Housinq Authoritv: Annual Financial Report of FYE 9/30/05; Approved Budget for FY 2005-2006; Registered Office and Agent; Schedule of Regular Meetings for 2005-2006; Description of Outstanding Bonds for FYE 9/30/05; Public Facilities Report; and Audit FYE 9/30/05. (2) Clerk of Courts: Email from Chris Ryser to Helpdesk dated January 13, 2006 regarding the rezoning of Riviera Golf Course to Affordable Housing. ~- H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2. 14.06 Misc. Corresp. Memo.doc Agenda llem No. 1611 February 14,2C06 P"ge6of5 COLLIER COUNTY BOARD OF COUNTY COMMISSlONERS Item Number: IlemSummary: Meeting Date: 1611 M;scellanoous Correspomianceto file for record with aclion as directed 2i14!20069:00:00AM P,'epared8y M"lani<lR"drig""z anardofCQunty e"mmi,.~;o"(!rs Admin;~tratiw Aidn tn the BCe Dat.. aCCOffle" 1fJ1120(lll1j:n~43AM Approved By SlIsFil,.",n F."""utiv.,Managart<>lh..SCC D"" a"",rdofC<.lunty Com",i~,.i"'''lfll BCC01ftu 1I3112lmG 1:22 PM Approved By JamnsV.M"dd C,,,mtyManag..r "'.. B(>lrdofCounty Cotruninio"crs Cou(ltyM"""9"r'sotn"", 113112000 3;J9 PM Agenda Item No. 16J1 February 14, 2006 Page 1 of4 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL FISCAL YEAR 2006 APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, ACCEPT THE GRANT WHEN AWARDED, AND APPROVE APPLICABLE BUDGET AMENDMENTS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant and point-of-contact for the United States Department of Justice, Bureau of Justice Assistance fiscal year 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) application, accept the grant when awarded, and upon an award, approve applicable budget amendments. CONSIDERATION: I. The Collier County Sheriff's Office has participated in anti-crime grant programs for 17 years. 2. This eleventh year program is for the implementation of the fiscal year 2006 JAG. JAG replaces the Byrne Formula and Local Law Enforcement Block Grant (LLEBG). JAG is administered by the United States Department of Justice, Bureau or Justice Assistance. 3. The purpose of the JAG is to provide funds to underwrite projects to prevent and control crime and to improve the criminal justice system. 4. The United States Department of Justice has appropriated $80,064 over a four year period to Collier County to be used for JAG purposes. 5. This Collier County law enforcement initiative will support overtime costs directly related to basic law enforcement program functions such as to control drug abuse and trafficking; reduce and prevent crime; rehabilitate neighborhoods; improve the administration of justice in America; meet the needs of crime victims including human trafficking victims; and address problems such as gang violence, juvenile crime, and white collar crime. It is estimated that the appropriation is around 3% of current law enforcement overtime costs for one year. 6. The Bureau of Justice Assistance has an internet-based system to support the JAG fiscal year 2006 applications. Fiscal year 2006 JAG applications must be completed online. The formal designee of the eligible jurisdiction is allowed to apply for funding. 7. Board approval is needed for: designation of the Sheriff as the official applicant and point-of-contact for fiscal year 2006 JAG funds; Board Chairman Frank Halas, or in his absence, County Manager James V. Mudd, to respond to the Bureau of Justice Assistance's online request to confirm the Sheriff as the official applicant and program point-of-contact; acceptance of the grant when awarded; and approval upon award, of applicable budget amendments. FISCAL IMPACT: Potential $80,064 award of funds is for law enforcement officer overtime and benefits. This would be an outright award with no required local match or other expenditure. ".- Agenda Item No. 16J1 February 14, 2006 Page 2 of 4 GROWTH MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDATION: That the Collier County Commission agrees to designate the Sheriff as the official applicant and point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, fiscal year 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) application, that the County's Chief Executive Officer respond to the Bureau of Justice Assistance's online request to confirm the Sheriff as the official applicant, accept the grant when awarded, and upon an award, approve applicable budget amendments. PREPARED BY: APPROVED BY: Don II"~ y;,.. .jil<-~ DATE: Januarv 27. 2006 ...-,. Agenda Item No. 16J 1 '"oro,~ ?/Joa1td O/CV?~ CV?~ CV?~ 3301 EastTamlamlTraU. Naples, FIo_ 34112. 49n (239) n4-8097. Fax (239) n4-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta DistrictS February 14, 2006 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2006 application Ladies and Gentlemen: Pursuant to a U.S. Department of Justioe, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application.for JAG 2006 funding. Sincerely, Frank Halas Chairman Collier County Commission Approyed... to 'arm;} ~ fIllffill_.. pfAA f ~~ ; - '3 (I... U;R~ .hm-tviCoutf Attorn&y . Item Number: Item Summary: Meeting Date: Agenda llemNo, 16J1 ~ FeVuery 14. 2Q06 P;;ge<1of4 COLLIER COUNTY SOARD OF COUlIJTY COMMISSIONERS 16J1 Recommend that the Boan:! of COUrlty Commissioners designate the Sheriff as the official Fiscal Ye"r 2005 Applicant and Program POlnl-of-CorltaCl far the United Slalas Department of Justice. Bureau of Justice Assistance. Edward Byrne Memorial Justice Assistance Gran! (JAG) Program, accept the Grant wh.m awarded, and approve applicable budget amendments 7!14/2D069QQ,QOAM Data Approved By Jame~V,tlludd Boord MCounty Commi"s;one..... CounlyMlln<l\lQr Counly Manilller's O1fic6 212120067,OllPM Agenda Item No. 16K1 February 14, 2006 Page 1 of4 EXECUTIVE SUMMARY Recommendation to approve the Offer of Judgment in the amount of $17,365.00 as to Parcel 148 in the lawsuit styled Collier County v. Regent Park Cluster Homes Association, Inc., et al., Case No. 04-3452-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,265.00) OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to S 73.032, Fla. Stat., to Respondents, William Scherer and Irene Scherer ("Respondents"), in the amount of $17,365.00, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel No. ]48 in Collier County v. Regent Park Cluster Homes Association, Inc., et aI., Case No. 04-3452-CA. CONSIDERATIONS: On December 23, 2004, Collier County deposited $15,100.00 into the Court Registry and acquired title to Parcel 148 in accordance with the Order of Taking entered on Deeember 9, 2004. The County Attorney's Office would like to make an Offer of Judgment in the amount of $17,365.00, as full compensation for the property taken, exclusive of attorney's fees and costs. See attachment. The making of the Offer will require Respondents to carefully assess their claim within 30 days. If the offer is rejected and Respondents fail to recover more than $17,365.00 through settlement or jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incurred by Respondents after the date of the offer's rejection. Should the Respondents accept, the County will be required to pay as follows: . Additional Compensation for Parcel . Statutory Attorney's Fees (property owners not represented) TOTAL COST: $2,265.00 $ 0.00 $2,265.00 FISCAL IMPACT: Funds in the amount of $2,265.00 are available in the FY 06 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: ]. Approve and authorize service of the Offer of Judgment; 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is aceepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney - ltemNumber: Item Summary: Meeting Date: AgsndaHem No. 16Kl Februery 14. 2D06 Page2of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15Kl Recomm..ndaiion to approve the OIfi1r of Judgment in the amOUrl\ 01$'.7,365_00 as to Parcel 148 in tile lawsuit styled Collillr County 1/. Regent Park Cluster Homes Association, Inc., lit ai., Caell No. (l4.3452-CA {Immokallle Road Project No. 66042) (Fiscallmpacl $2,265,00) 2/14/20069:00:00 AM A,;si\;\Jlnt County Attomey """ Prepared 8y EllenT.Ch.adweU County AUorl'lt<y CDuotyAtton'''yOffic.. 11t1i20QIi9,a,S5AM Tmnt;.portatiooDivi,;.ionAdmi"istralor D~ Approved By N<lrmE.F..d<!r,AICP TnmSp0l1ationS'lfvices Tm",.pl>lt"H"flServi",..~l\rl",in. 1I11120ll'62,37?M Approved By U....Toylor M*n~g"m<lntJBud\!dAn"ly"l """ Transportati"nS.rvices Transp<llt;Jti"nAdmin.!lrtmti<ln 1il1iZOO&2:4CPM App,'oved By Naj..hAhrmod Directo. """ TmMpertati"..S"rvic"l' Trnn'lportaBonEnsin"""'i"ll& Construction Manag..ment lf121Z1'I0512:45PM A~'<lIltlnt Counly Attorn,.,y D~ Approved By Ell....T.Chadwllll C"ufttyAtt<>mey CouutyAIl<>rn..yOffiClt 1I2SiUl0611:.'>8AM Approved By RigItlOfWayAt:'lUisitio..M.."ager ""'" 1/24fZQOGS,IlSI"M Kevin Hondrkks TransportaboflServices Tr::CM~ROW C""..lyAttomI)Y 0." Appl"llved By DhidC.W"ill,,1 C""mtyAtlo",ey C""my AtlNl1"Y Office 211!2Il0~ t,;oSPM App,'ovcdBy Adm,ni,'.\r..ti"I/'A5s;"t;ml. """ 213IroG~1l,04AM OI,mCoord,nato. Co,mtl' M"n~Il"r'"Offic" Oft1c,," or M~n"Ilt>t""nI & audllet MiclmeISmyk<l\wki Mllflllllem..nt&.Budg<ltDirector 0.. Approved By C""nI)'M"n~!l"r'..Offie& Offi".. of Managemeot & Budll..1 ;;::31200&4,151''"'' Approved By Jam..sV.Mudo:l Boa'dofCouflly Ccmmi"\1-ion..,.., COll'1tyMen"g"r D." C<,ufltyMa,.,ag'lr'sOffi&<l 217110Q(; 1,00 PM Agenda Item No. 16K1 February 14, 2006 Page 3 of4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04-3452-CA Petitioner, Parcel No: 148 vs. REGENT PARK CLUSTER HOMES ASSOCIA TION, INC., et aI., Respondents. / OFFER OF JUDGMENT TO: William Scherer Irene Scherer 192 I 8 Eastwood Drive Harper Woods, MI 48225-2043 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to 973.032, Fla. Stat., and Fla.R.Civ.P. 1.442, does hereby make this binding offer of judgment in this action to Respondents, WILLIAM SCHERER AND IRENE SCHERER ("Respondents"), for all compensation, including severanee damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcel 148, in the total amount of Seven teeD Thousand Three Hundred Sixty-Five Dollars ($17,365.00), for Parcel 148. This amount includes the good faith deposit of $] 5, 1 00.00 which was made pursuant to the Order of Taking dated December 9, 2004. There are no other non-monetary terms or other relevant conditions to this offer except that this offer excludes attorney's fees and costs. Agenda Item No. 16K1 February 14, 2006 Page 4 of 4 The construction plans and specifications for this project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of sueh a request. Dated this _ day of ,2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 A TTORNEY FOR PETITIONER Agenda Item No. 16K2 February 14, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 167B in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (ImmokaIee Road Phase Two Project 60018). (Fiscal Impaet $48,431.00) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full eompensation, expert fees and costs, for the taking of Parcel No. I67B in the lawsuit styled Collier County v. Andy R. Morgan, et a/., Case No. 02-5 I 69-CA (Immokalee Road Phase Two Project 60018). CONSIDERATIONS: Prior to suit, staff offered the Respondent, Mary E. Iannetta, $23,400.00, which was rejected. The County acquired the subject property by entry of an Order of Taking and by depositing the sum of $24,800.00. At mediation, the County and Respondents negotiated the proposed settlement of $54,100.00 as full compensation for the taking of Parcel No. 1678. In addition, the mediated settlement provides for payment of attorney's fees and all expert fees and costs in this case. If approved, the County will pay the following costs: .-''"' . Additional Compensation: . Expert Witness Fees: . Statutory Attorney's Fees *: . Clerk of Court's Fees TOTAL: $ 29,300.00 $ 9,000.00 $ ] 0, 131.00 $ 0.00 $ 48,43] .00 * Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference between any settlement amount and the initial offer, i.e., 0.33 X ($54, I 00 - $23,400). Attached are the Mediated Settlement Agreement and Stipulated Final Judgment. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $48,43 I.OO from Road Impaet Fee District 6 Fund 338 and appropriate within the project. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel No.I67B; 2. Approve the expenditure offunds as stated. 3. Authorize any and all budget amendments whieh may be required to carry out the will of the Board. -- PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Number: Item Summary: MeetlngOate: Ag?nda 11em No. 15K2 February 14. 2000 Page20110 COLLIER COUNTY BOARO OF COUNTY COMMISS10NER.S 15K2 Recommendation to approve II Mediatad Settlement Agreement and Stipulated Final Judgment lor Parcel No. 1678 inthe lawsu~ styled Callier County v. Andy R. Morgar., et aI., Case No. 02-518S-CA (Imrnollalee Ro.,d Phase Two Project 50018) (Fiscal Impact $48,431.00) 2114l20069:0{);OOAM P"'....rt'(At"qui.$iti<>flSp..~;.il1l:1 l>rt, Prepared By Rol>ertBoseh T...n5.portlltjonSl\rvi~il1l: TECtll-ROW 1121120Q6t:32:44AM KevinH"'fl<llicks RflIht OfWa.y AC'luldti"n Manll961" D.. Approved By Tran.$p<:"111Iio"S..rvieils TECM-ROW 1121120lMi2,56Ptll ApprO'ledBy NOm1 E. F,,,,:l6r, AICP Tnmspor!liltiollSouvi~lOS TrahSp'!I'tatioll Division Adminl.'>trntor 0_ Trahspert>\ho;>nSarv,c..sAdmjll. 1l~'J.l2000 2:42 PM ""'" ApprGved 8y NajehAhmad Tran"l'ort.lltionServ,ces Dlrec1>>r n..nspDrtatiDnEnglneerinll& C..nS!ructiu"M~Il"g"m6nt 1I31120Ul;S,S1AM Approved By EllenT.Chadwall A..!li..tant Ccunly Atttlm..y Dilt<l County Attomt!Y Cou<rty Attomey OffiC<l 1/3112000 1:$& PM ApprGved8y Accounting$uporvi5or 0,. Sha.onNewman Trah..porm.li~nSt>""ices lra""I"Htati"" Serviee$ Admin 1131!201164:31PM County Attam"y 0... V1!20061,np'll Apprllved 8y o..vidC.WOIetglll C""ntyAttom"y C"ufltyAtI<lrt'"yOffioo Admini..trallv"A5sjstant 0.. Appro,'edBy OMBCf>ordimrtor Co""tyManay...'sOffice Offj~t! M Fbmlgemen. & Budgat 2i~!200IlS:SSAM M..n..g"n"",t&B"d911tDif"~tor ""'" ApprGvedBy Miel"'t>IS.."ykowsk! Courrty Manag&r'" Qffi",. Office<'l"MlItlaij,;m.l1t&e\ldg~ 2!3120t.l64,17PM Oat. App,'oved 8y Jam"..V.Mudd Board tlt Cllunty C<>mmis"io"....... C<luntyldanag6f COllfltyMlIonall&r'"Offk:& 2712006 S'3~ AM Agenda Item No. 16K2 February 14, 2006 Page 3 of 10 IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCmT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO.: 02-5169-CA Petitioner, /;78/ PARCEL NO.: rIannetta v. ANDY R. MORGAN, et a!., Respondents. / MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on January 24, 2006, the parties reached the following Settlement Agreement: I. Petitioner will pay Respondent(s), /flat'..,. fanl/e.h?z tlnd :Jj;nn ::JOhJflZ#a- r the sum of .I 5~ 1(/0. "%0 in full settlement of any and all claims for compensation from Petitioner.whatsoever, including statutory interest, hat e:(GIllwag att{)fJIey's fc<:J, ,xp~'V ~s .L ana eB3~, fi4H1Mer- wil/aJ:o~:I Re~d ~€-.ad~?10t1a.f ':sVh4."f' Kf(JjI3/. 0")001.1'1 Tal) 5I?J#e~ of allt o..d al/ citlll<S mr alffl'~ '~.:S 1'1 ~1:S C4Si1-. '%ftf~ w/I/ also PZy N/iJI;ItI Ro.~., 'fk.. -Itht./ ~Ulf( "I' ~ ~ (lOll Je ~co il1li.// S#~ ,,;: <1/1 ofl/i<H~r~ J 1~ii5~~al(cPlh";:c1~~ IS cin:",,, ,... 4 .tt~;,.'~. 2. Petitioner is entitled to a credit in the amount of 1101'(.. 8tO. o%'o which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent(s) wiIljointIy submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4. Petitioner will pay Respondent(s) the balance due of H tj~ 'I3/. ~tr) within thirty (30) days of the entry of the Stipulated Final Judgment by the Court. 1 Agenda Item No. 16K2 February 14, 2006 Page 4 of 10 5. The CC)W1 .viII ...."t1~Rjurxi&Elietiol1hcldn ~ to tiu.d.hdtt\...J. vfKt;:SpUlld't;;uL~ attom~' J &'3, ffi[fJsrts' f"C3, 8fia east.s.. ~. fl. TIlls agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. 6. 1. Attached hereto is an Addendum to the Agreement. ../ Yes No 7. ,. TIlls Agreement and the attached addendum, if any, eontain(s) all of the agreements of the parties. ~~L~6~~;k~ Respon ~~.L.. c-::> ~. Jd-A ~ ~~- Attorney for Petitioner I)O(, tu~ ~iator 2 Agenda Item No. 16K2 February 14. 2006 Page 5 of 10 ADDENDUM TO MEDIATED SEITLEMENT AGREEMENT This settlement is made subject to the following additional conditions: /. '1)12.- "7UIH c/ JI~a?O.~%O thyo/;k ."by e.w~5'k~ / , ~Aa/l Iu.. tll/occffd t7~. ;;/~u)5: Q) MaxfAlbll of' fI.€f1dry Va lua:ht/n ~rvl~'50. -:Ji..c.. - * 5;S-(X:}. o~oo b) Morri~ ... [k,DQ.W Iksoc;a.fe~. :::hr.c. - jJ ~S-(){). ~OI.) , , - :ril';r~ /'27o;7C~~~~ Respondent 3 t;.Q.; J. 26 2006 Til1lEU 4;33 PM To: @ 7'740225 R&A Fort Myers Fax paae: 3 Agenda Item No. 16K2 February 14, 2006 Page 6 of 10 IN THE CIRCUIT COURT OF THE TWENTIBTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State ofFIorida, Case No. 02-S169-CA Petitioner, Parcel No.: 1618 vs. ANDY R. MORGAN, et al., Respondents. I STIPULATED FINAL JUDGMENT AS TO PARCEL 167B TIllS CAUSE having come befure the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, MARY E. IANNETTA, by and through ber undersigned counse~ for enlIy ofa Stipulated Final Judgment as to Parcel No. 167B, and it appearing to the Court that Ihe parties are authorized to make such Motion, the Cowt finding that the compllIlBlllion to be paid by Petitioner is the full compensation due the Respondent. MARY E. IANNETT A, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED lha1 Respoudenl, MARY E. IANNETIA, have and recover from Petitioner, COLLIER COUNTY, FWRIDA, the sum of Fifty-Four Thousand One Hundred aIId NoIlOO DolIan (SS4,10Q.OO) fur Parcel No. 1618 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business darnagc;s, and fur all othec damages in connection with said parcel; it is further - te~ 1/26/2006 . - Time, 4:33 PM To: @ '1740225 R&A Fort. Myers Pax PagEl I 4 Agenda Item No. 16K2 February 14, 2006 Page 7 of 10 ORDERED that Respondent, MARY E. !ANNETT A, receive from petitionlll' as a reasonable attorney's fee th.e sum of Ten Tholllad One HlIDdred Thirty-ODe aud No/IOO Dollars (510,131.00); it is further ORDERED that Respondent, MARY E. IANNETTA, shall receive as appraisal expert fees the sum of Five ThoDsllIId Five Hundred aDd No/I 00 DoUars (55,500.00); it is further ORDERED that Respondent, MARY E. IANNETTA, shall receive the sum of Three Thousllod FIve Hundred ad No/tOO DoUars (53,500.00) as planning fees and costs; it is further ORDERED that. except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 161B; it is further ORDERED that Petitioner shall pay within lhirty days hereof the total amount ofForty-Eigbt Thoasaud Four Hundred Thirty-oue and No/loo Dollars ($48,431.00), made payable to Roetzel and Andress Trust Account, clo Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000, Fort M}'l'I"ll, FL 33901, equaling $29,300.00 for the benefit of Mary R Iannetta and John F. IanneUa, $9,000.00 for experts' fees and costs, and 510,131.00 for attorney's fees; it is further ORDERED that title to Parccl No. 167B, a fee simple interest, being fully described in Exhibit oOA" attached hereto and incorporated herein, which vested in Petitioner pursuant to th.e OnIer of Taking dated May 13, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Ollicial Record Book 3178, Page 222S of the Public Records ofColIier County, Florida be dismissed as to Parcel Nos. 167B; and it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk ofCoUIts shall disburse the interest earned on lhe funds on deposit to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Officc of the County Attorney, 3301 East Tamiami Trail, l:a=1726/2oo6" TiUl8:-- 4~3i-~~ '174022.5------- - R'AFort.~-M:ve.rs Fax ---pa'-ae.-:--"S--.--_. Agenda Item No. 16K2 February 14, 2006 Page 8 of 10 Naples, FL 34112, lellS any sums retained by the CleIk of Courts up to 10"10 in accordance with Section 28.33, F.S.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefol1l DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2006. TED BROUSSEAU CIRCUIT COURT JUDGE Confonned copies to: Ellen T. Chadwell, Esquire Kenneth A. Jones, Esquire B. Glenn Tucker, Esquirc Comcast Cablcvision oCtile South, Inc. Kevin Hendricks, Acquisition Mgr/I'ransp. Bookkeeping ~el 1/25/2006 Time; 4:33 PM 'l'o: Q 7'140225 aliA ForI:. Myers Fax PagB: CS Agenda Item No. 16K2 February 14, 2006 Page g of 10 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the furegoing Stipulated Final Judgment Dated: A. JONES, ESQUIRE Flo' BarNo. 0200158 R.o el and Andress 23 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850 - Phone (239) 337-0970 - Facsimile Attorney for Respondents RU.EN. T. CHADWEL~.l QUIRE Florida Bar No. 0983860 ~ AS$istant County Attorney 3301 East Tarniarni Trail, glti Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney fur Petitioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and COlTCCt copy of this Stipulated Final Judgltlellt and Joint Motion For Stipulated Final Judgment has been furnished by U.S. Mail to all persons listed below, on this day of .2006. ELLEN T. CHADWELL Guy Carlton. Collier County Tax Collector clo E. Glenn Tuclccc, Esq. RHODES, TUCKER AND GARRETSON P.D. Box 887 Marco Island, Florida 34 I 46 Comcast Cablevision oftbc South, Inc. a Colorado Corp. er Corporation System, its RA. 1200 Soulh Pine Island Road Plantation, Florida 33324 a~"<tA'~":<";':';-... .: 00\\11001....,. .~._:~~) FlAUC.~' ; -. .,'.. NOT VAlJD, \\nH0UT.;'nit S1pNAlORE AND tHE ORIClI'NN. RAISED SEJi( Of :1. .f,U)RIDA UCENSED- sliR~ ~D ,!,A"PER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES. INC.. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES. FlA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE ND. LB577D SEC/SUB W.D. NO. DRAWN BY FlLE NAME FEE SIMPLE INTEREST PARCEL #167B r IMMOKAjgE BOAD S.R. 846 141 MARY E. IANNETTA O.R. 2226. PG. 0398 0 fY ..: > i- W ijj ...J ::;) ~ 0 III Z 0 ~ (I) ...J Cl:: ~ b 0 I ~ --150.00' N ri i:: w l2 ;" r 0 0 z b ~ m '" w l2 '" r 8 z N 89"4(J'SO- W 350.00' DESCRIPTION: The Northerly 99.06 feet. together with the Southuly 10.00 feet. of the Norlherly 109.06 feet, of the Easterly 133.14 feet of Tract 141 of Golden Gate Estates UnIt 20 08 recorded In Plot Book 7 at Page 79 of tha Public Records of Collier County, Florida. Containing 0.B28 ocres more or les!!. SCALE AS NOTED GGE 2D 0014.1 DATE SHEEr 10101 1 OF 1 EXHlBfflt~ No. 16K2 Pa~ fe1t.~4, 2006 -~100f10 N I -- ~ MAl 0 50 100 200 O.R Noles: 1. This is not 0 survey. 2. Bcsis of bearing Is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are pial unless otherwise noted. EAW 00-018-000.DWG fB PG CHECKED BY DWG. NO. DJH IR-L-167B " Agenda Item No. 16K3 February 14, 2006 Page 1 of 18 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a Settlement Agreement and Release with Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida arising out of the construction project to widen Goodlette- Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (Contract No. 02-3424). OBJECTIVE: Recommendation that the Board of County Commissioners approve a Settlement Agreement and Release ("Settlement Agreement") with Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida ("Ajax") arising out of the construction project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (Contract No. 02-3424). - CONSIDERATIONS: During the eourse of the construetion project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beaeh Road pursuant to Contract No. 02-3424, disputes arose between the County and the contractor, Ajax. Among other things, these disputes related to the amount of time Ajax was taking to complete the project and requests for Ajax for extensions of time to complete the project. In addition, disputes arose in connection with work that had to be performed for emergency repairs on the road in August 2005 as well as repairs on medians following final completion of the project. The County also contended that Ajax had failed to exeavate fully one or both of two retention ponds constructed under the Contract and that Ajax had supplied non-specified type S-III asphalt on the southbound lane of Goodlette- Frank Road. On November 8, 2005, the County and Ajax attempted to mediate these various disputes. After a mediation lasting approximately 6 hours, no resolution could be reached. Subsequently, the County and Ajax continued to work toward a possible settlement and finally achieved a proposed Settlement Agreement and Release in the form attached to this Executive Summary as Exhibit I. The key points of this Settlement Agreement and Release are: I. Ajax has agreed to reimburse the County $22,901.06 for emergency repairs the County had to make on Pine Ridge Road in August 2005. 2. Ajax has agreed to reimburse the County $32,714.06 for repairs and additional work the County had to perform on medians in or around the Orange Blossom Drive area. 3. Ajax has agreed to continue in its obligation to ensure compliance with all permitting requirements for the retention ponds until such time as the County receives notification from the South Florida Water Management District that the retention ponds are deemed to be in compliance with all permitting requirements. _. Agenda Item No. 16K3 February 14, 2006 Page 2 of 18 4. Ajax has agreed to provide a five (5) year warranty on all type S-III asphalt delivered within the project limits of the southbound lane of Goodlette-Frank Road - a warranty that is four (4) years longer than work/materials for other portions of the project. 5. Ajax has agreed to pay the County $39,302.85 for liquidated damages for failing to meet the final completion deadline under Contract 02-3424. 6. Ajax and the County have agreed to release each other of other claims except for claims to enforce the Settlement Agreement, for warranty work and for any claims the County may have in the future for latent/unknown defects in the work. ~,~,,.. FISCAL IMPACT: By entering into the Settlement Agreement and Release as proposed, the County will receive approximately $94,917.97 in liquidated damages and reimbursements from Ajax. In addition, the County will receive an extended warranty for portions of the work. If the County were to pursue litigation, it eould potentially recover approximately $228,000.00 in liquidated damages as well as approximately $53,000.00 as a result of the delivery of the non-specified asphalt (although no extended warranty would be available). Ajax would vigorously dispute the County's entitlement to these sums and would argue that no liquidated damages were available in light of Ajax's claim for anywhere between thirty-nine (39) and fifty-eight (58) days of additional time extensions. There would necessarily be substantial litigation costs to the County for expert testimony regarding liquidated damages issues and the asphalt issues. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Exeeutive Summary. RECOMMENDATION: That the Board of County Commissioners approve the proposed Settlement Agreement with Ajax in the form attached as Exhibit I and authorize the Chairman to sign the necessary documents. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney publicfbcc agenda items/021 406/exec sum.ajax stlmnt agrmnt ,,,,-. 2 Item Number. Item Summary: MeetingOati!: Ager1(jallem NO 15K3 February 14.2D06 PDge30t 18 COLLIER COlJNTV BOARD OF COUl'frY COMMISSIONERS 15K3 Recomrmmdatiorl that the Soard of County CommiHSioners approve /I Settlement Agreement and Rele3S6 with;l.jax Paving Industrie$, lnc andlorAjaxPaving Industries, Inc. cfFionda arising out of fhe construction project to widen Goodletle-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (Contract Nil 02"3474) 2i14/2D069:00,OOAM Cl1Wf AS$islllnt C"unty AtlOrn"y D"'" 211120G61,llS,61PM Prepared By Michaelp.,ttil County Atlotney C,,,,,,lyAl1om.yOffi,,& D"'" AppruvedBy John R. ContI Tran$portationSefl/ic\I$ Fi"ldEngineerinlt1nsp<letor Trunsl'crtat;<>n En!'li"ooring and CanstrucUa" 2111UlOll 1:45 PM Approved By N;ljehAl1m;od Dirl!etor "... Tran~portation S"fl/ices Tru"sp"rtatio"En!jin..ering& C"fl,stmctl""I\!i;linl<g"menl 212!200\l10:0€AM Al'l'l"Oved By Tnms;p<1I1.,tiOIlI:;v;,allmAdminisirilt<lT D... N<l,mE,F\ld<lr,AICP Trafl$port"tjo"S~.....Il;e$ Tnm.sfI<.>ri..tl<>n S<'IviC<l$ Admin. V2I2110€i1:ll1 PM CoontyAn"mey ".'" Approved By O<IVidC.W~llJ.1 Co""t'jAlt"m..y C"''''ly Attomey ()ffi(" 2,'2!Z(!051,21PM Admil1,gtnl!lv..AsSlllUlRt D" Approved 8y OM8Coor<::h"atur C"omy Mao3fler'$ Offl~. Offic~,,!Maoa{l''''l1em&Budilflt m/200€9:17AM Ibdgf!tA""lyd ". Approved By Marl<.lsacks<;>n Counly M~nall'H'"orfice Ujlic.,,,{Ma""ll~mo"I'\ Budget ZlJI260€1,11 PM Approved By D"l'"ty Counly Mallaljer 0... Lea E. O~l1s, Jr. BoardofCountl" Commi.uion"'T$ COUfltyMa"ag&r"sOffice 2!3IZ00S1:43PM Agenda Item No. 16K3 February 14, 2006 Page 4 of 18 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into this _ day of February, 2006 by and between the Board of County Commissioners of Collier County, Florida, (the "County") and Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, the Contractor was awarded the bid and entered into a contract with the County for a construction project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (hereinafter referred to as Contract No. 02-3424); and WHEREAS, disputes have arisen between the County and the Contractor under Contract No. 02-3424 concerning liquidated damages, requests for extension of time, and the acceptability of certain work; and WHEREAS, the Contractor contends among other things it is entitled to a time extension of at least thirty-nine (39) days and may be entitled to a time extension of as much as fifty-eight (58) days; and WHEREAS, the County contends among other things that the Contractor is entitled to no additional time under the Contract; and WHEREAS, the County and the Contractor without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigating the issues that have arisen under Contract No. 02-3424 and now desire to fully and finally resolve any and all claims, known or unknown, that have been asserted or could have I Agenda Item No. 16K3 February 14, 2006 Page 5 of 18 been asserted by the Contractor or the County up to and through the date of this Agreement and Release that relate or refer in any way to Contract 02-3424 except as otherwise expressly stated in this Agreement and Release, including but not limited to all claims by the Contractor for time extensions or delay damages and all claims by the County for liquidated damages; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged by both the County and the Contractor, and with the intent to be legally bound, the County and the Contractor mutually agree to the following: 1. The County and the Contractor agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses" by reference into this Agreement and Release. 2. The Contractor agrees: (a) To reimburse the County in the amount of $22,901.06 for payments made by the County to 10hn Carlo, Incorporated ("lohn Carlo") for emergency repairs to Pine Ridge Road in CoIlier County performed by 10hn Carlo on or about August 5, 2005 and to perform milling and resurfacing work satisfactory to County Transportation officials at the same site before or within five (5) business days after this Agreement and Release is approved by the Board of County Commissioners. (b) To reimburse the County in the amount of $32,714.06 for repairs and additional work performed on medians by Hannula 2 Agenda Item No. 16K3 February 14, 2006 Page 6 of 18 Landscaping, Inc. ("Hannula") the County's landscaping contractor, or Hannula's subcontractors. Specifically, these repairs and additional work included: $2,594.00 for a four inch and six inch sleeve that were not able to be located on Carica Road; $3,248.00 for four inch and six inch sleeves that were needed to bring water and electric sources to medians for new water source required because the Orange Blossom Drive irrigation sleeve was unusable; $2,196.00 for sleeves that either did not extend to the sidewalk or were full of gravel/sand and also to clear the existing five inch sleeve at Station 533+27 and extend the existing sleeve past the guardrail at Station 525.00; $17,870.00 for a new water source for the north side of Orange Blossom Drive plus the cost of a pump; $4,903.06 for a controller; $850.00 for a second water tap; and $1,053.00 due to the need to redesign irrigation plans. (c) To provide as-built drawings satisfactory to the County's CEI and Project Manager and respond to any additional comments by the County's CEI in acceptable fashion before or within five (5) business days after the approval of this Settlement Agreement and Release by the Board of County Commissioners. (d) The Contractor agrees to use reasonable and good faith efforts to assist the County in obtaining compliance with tbe South Florida Water Management District permitting requirements or in obtaining an appropriate modification of any such permitting 3 Agenda Item No. 16K3 February 14, 2006 Page 7 of 18 requirements as such requirements relate to Retention Ponds A and B constructed under Contract No. 02-3424. The Contractor further agrees that it shall correct any and all deficiencies identified by South Florida Water Management District with respect to Ponds A and B that must be corrected in order to comply with permit requirements. Correction of any such identified or noted deficiencies shall occur within thirty (30) days of written notice to the Contractor, such notice to be provided in accordance with the notice terms of Contract No. 02-3424. The Contractor agrees that its obligation with respect to ensuring compliance with all permitting requirements for Ponds A and B shall be a continuing obligation until such time as notification satisfactory to tbe County is received from the South Florida Water Management District that Ponds A and B are deemed to be compliant with all permitting requirements. (e) The Contractor agrees to provide a warranty for five (5) years running from April 18, 2005 on all Type S-III asphalt delivered under Contract No. 02-3424 that was placed within the project limits of the southbound lane of Goodlette-Frank Road. The warranty shall be the warranty attached hereto as Exhibit I and as generally promised in the attached August 29, 2005 letter from Dennis Breuer, P.E. to Thomas O. Deer, P.E. References to the 4 I , I .... .J Agenda Item No. 16K3 February 14, 2006 Page 8 of 18 "Department" in the attached warranty are understood to include/mean the County. (t) The Contractor agrees that it is responsible for $39,302.85 for liquidated damages for failure to meet the final completion deadline under Contract No. 02-3424 and that it shall reimburse the County for that sum 3. The County agrees: (a) The County shall release to the Contractor the $379,747.63 currently being withheld under Contract No. 02-3424 minus all reimbursements set forth in Paragraph 2 of this Agreement and Release within thirty (30) calendar days after approval of this Agreement and Release by the Board of County Commissioners and upon receipt of a properly presented pay application. 4. The County and the Contractor agree that this Agreement and Release shall become and is one of the contract documents under Contract No. 02- 3424 and shall operate to supersede and replace any and all prior agreements with respect to the specific items/disputes expressly governed and referenced by this Agreement and Release. 5. Except for any claim to enforce the terms and conditions of this Agreement and Release, the Contractor shaII and hereby does fully and fmally and unconditionally release, acquit, remise, satisfY and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, 5 Agenda Item No. 16K3 February 14, 2006 Page 9 of 18 insurers, sureties and assigns from any and all matter of action or actions cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable whether known or unknown, which the Contractor has asserted or could have asserted against the County relating or referring in any way to or arising directly or indirectly from Contract No. 02-3424 or the work performed thereunder, including without limitation any claims for delay damages, overhead and profit, time extensions, interest, or cost increases. 6. The County shall and hereby does fully and finally and unconditionally release, acquit, remise, satisfy and forever discharge the Contractor and The Hartford, the bonding company, of any claim, cause or cause of action relating in any way to the items specifically referred to in this Agreement and Release in Paragraph 2 through the effective date of this Agreement and Release provided the County reserves its right to enforce the terms and conditions of this Agreement and Release and that the County and the Contractor hereby acknowledge and agree that this Agreement and Release shall only modify their respective rights, prerogatives, obligations and liabilities under Contract No. 02-3424 to the extent specifically and expressly stated herein and that all other rights, prerogatives, obligations and liabilities under Contract No. 02-3424 including without limitation the County's warranty rights and rights to recover for latent/unknown defects in the work remain fully intact and are hereby preserved. 6 .J Agenda Item No. 16K3 February 14, 2006 Page 10 of 18 7. This Agreement and Release shall be governed by the laws of the State of Florida. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. This Agreement and Release is freely and voluntarily executed by the County and the Contractor after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, the County and the Contractor do not rely on any inducements, promises, or representations other than the promises or representations set forth in this Agreement and Release. In this regard, the County and the Contractor acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 10. The effective date of this Agreement and Release shall be the date upon which it is approved by the Board of County Commissioners of Collier County, Florida. IN WITNESS WHEREOF, the County and the Contractor have executed this Agreement and Release as evidenced in the following signature blocks: 7 ATTEST: Dwight E. Brock, CLERK By: DEPUTY CLERK WITNESSES: . r; \Qn ~ ame \ ~.J<.vLob- ~/Jji7f/. By: ---:J)r /8., LJCI,4 -rr-i p/df-- Printed Name Approved as to legal form and sufficiency: v#vI ~W Michael W. Pettit Chief Assistant County Attorney OS-prc-00222/326 Agenda Item No. 16K3 February 14, 2006 Page 11 of 18 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred-W:-€oyte; CHAIRMAN Frank Halas, AJAX PAVING INDUSTRIES, INC. also known as or DBA AJAX PAVING INDUSTRIES, INC. OF FLORIDA AND TITLE l=>Re- S , k.7U r 8 Agenda Item No. 16K3 February 14, 2006 Page 12 of 18 EXHIBIT 1 338 VALUE ADDED ASPHAL T PAVEMENT. (REV 7-14-03) (FA 8-1-03) (1-04) PAGE 317. The following new Section is added after Section 337 SECTION 338 VALUE ADDED ASPHALT PAVEMENT 338-1 Description. Construct Value Added Asphalt Pavement consisting of Asphalt Concrete Structural Course and Asphalt Concrete Friction Course, subject to a three year warranty period. For purposes of this Specification, "Warranty" shall mean the Responsible Party, as designated herein, is responsible for performance of the Value Added Asphalt Pavement for a period of three years after final acceptance of the Contract in accordance with 5-11, including continued responsibility for performing all remedial work associated with pavement distresses exceeding threshold values determined in accordance with 338-5, and as to which notiee was provided to the Responsible Party within the three year warranty period. The work speeified in this Section will not be paid for directly, but will be considered as incidental to other asphalt pay items. 338-2 Materials and Construction Requirements. Meet the requirements of the following: Hot Bituminous Mixtures - Plant, Methods and Equipment. . .. . ... . ..Section 320 Hot Bituminous Mixtures - General Construction Requirements... ..Seetion 330 Superpave Asphalt Concrete............. .... ........ ................ ......Section 334 Asphalt Concrete Friction Courses. .... ...... ............................ Section 337 338-3 Responsible Party. Prior to any Value Added Asphalt Pavement being placed on the project, the Contractor shall designate a Responsible Party to accept responsibility for maintaining the Value Added Asphalt Pavement, when remedial work is required. When the scope of the asphalt work is only milling and resurfacing, and there is no construction of the embankment, subgrade or base below the pavement included in the Contract, the Responsible Party may be either the Contractor or the Department approved subcontractor performing the Value Added Asphalt Pavement work. When the construction of the embankment, subgrade or base below the pavement is included in the Contract, in addition to the construction of the Asphalt Concrete Structural Course and Asphalt Concrete Friction Course, the Contractor shall be considered as the Responsible Party. When the Responsible Party is a subcontractor, the subcontractor must be pre-qualified with the Department in the category of asphalt, and such designation must be made to the Department by the Contractor. The proposed subcontractor must execute and deliver to the Department a form, provided by the Department, prior to or concurrent with the Contractor's request to sublet any Value Added Asphalt Pavement work, stipulating that the subcontractor assumes all responsibility as the Responsible Party for the Value Added Asphalt Pavement within the three-year warranty period. Failure to timely designate the Responsible Party will result in the Contractor being the Responsible Party unless otherwise agreed to in writing by the Department. Upon final acceptance of the Contract in accordance with 5-1 1, the Contractor's responsibility for maintenance of all the work or facilities within the project limits of the Contract will terminate in aecordance with 5-11; with the sole exception that the obligations set Agenda Item No. 16K3 February 14, 2006 Page 13 of 18 forth in this Section for Value Added Asphalt Pavement will continue thereafter to be the responsibility of the Responsible Party as otherwise provided in this Section. 338-5 Pavement Evaluation and Remedial Work. 338-5.1 General: The County will determine the extent and the magnitude of the pavement distresses occuning on the project. For evaluation purposes, the project will be subdivided into LOTs, of 0.1 mile per lane. The Department may conduct a LOT-by-LOT Pavement Condition Survey of the value added pavement following the final acceptance of the projeet, and at intermediate times throughout the warranty period. The final survey, if determined by the Engineer to be neeessary, will be conducted no later than 45 calendar days before the end of warranty period. All surveys will be conducted at no cost to the Responsible Party. The Responsible Party will be advised if7when the Department believes remedial action is required and conducts a LOT-by-LOT Pavement Condition Survey. The results of the survey will be made available to the Responsible Party within 15 calendar days after completion of the survey. If the survey findings, intermediate or final, are to be disputed by the Responsible Party, written notification must be provided to the Engineer within 30 calendar days of the date of receipt of the survey. During the warranty period, the Responsible Party may monitor the project using nondestructive procedures. The Responsible party shall not conduct any coring, milling or other destruetive procedures without prior approval by the Engineer. 338-5.2 Category 1 Pavement: For purposes of this Specification, "Category I Pavement" is defined as mainline roadways, access roads and frontage roads with a design speed 45 mph and greater; approach transition and merge areas at toll booths; ramps; acceleration and deceleration lanes (including tapers); and turn lanes. Threshold values and associated remedial work for Category I Value Added Asphalt Pavement are specified in Table 338-1. TABLE 338-1 Category 1 Condition Survey Type of Distress Type of Survey Threshold Values for Each LOT (0.1 Mile) per Lane. Depth:s 0.25 inch Remedial Work None required Rutting 1 Depth> 0.25 inch Remove and replace the distressed LOT(s) to the full depth of all layers, and to the full lane width. 2 Any Survey 1 For any LOT that cannot be surveyed by Laser Profiler, rut depth to be detennined manually in accordance with the Flexible Pavement Condition Survey Handbook, except the number of readings per LOT will be one every 50 feet (Minimum of three measurements), using a 0.30 inch threshold value. 2 Remedial Work for Rutting: The Contractor may propose removal and replacement ofless than the full depth ofalllayers by preparation and submittal of a signed and sealed engineering analysis report, demonstrating the actual extent of the distressed area(s). Remedial work must be performed in accordance with Table 338-1 unless the Engineer approves the proposal. Ride 3 Any Survey RN< 3.70 Agenda Item No. 16K3 February 14, 2006 Page 14 of 18 Remove and replaee the friction course for the full length and the full lane width of the distressed LOT(s) Cracking 4 Cumulative length of cracking> 30 feet for Cracks> 1/8 inch Any Survey Raveling and/or Delamination affecting the Any Survey Friction Course 6 Individual length ::: 10 feel Individual length < 10 feet. Pot holes and Slippage Area(s) 6 Any Survey Observation by Engineer Remove and replace the distressed LOT( s) to the full depth of all layers, and to the full lane width 5 Remove and replace the distressed area( s) to the full distressed depth and the full lane width, for the full distressed length plus 50' on each end Patch the distressed area(s) to the full distressed depth and to a minimum surface area of I 50% of each distressed area, subject to performance at final survey 7 Remove and replace the distressed area( s) to the full distressed depth, and to a minimum surface area of 150% of each distressed area OR temporarily patch the distressed area(s) AND, prior to the final survey, remove and replace the distressed area(s) to the full distressed depth, and to a minimum surface area of 150% of each distressed area Bleeding 8 Loss of surface texture due to excess asphalt, individual length::: 10 feet and ::: I foot in width. Any Survey Remove and replace the distressed area(s) to the full distressed depth, and to a minimum surface area of 150% of Each distressed area 3 Ride: Ride Number (RN) to be established by Laser Profiler in accordance with PM 5-549. AI; a condition of project final acceptance in accordance with 5-11, correct all deficiencies in accordance with acceptance criteria for pavement smoothness in accordance with 330-12.6. 4 Cracking: Beginning and ending of 118 inch cracking will be determined as the average of three measurements taken at one foot intervals. The longitudinal construction joint at the lane line will not be considered as a crack. S Remedial Work for Cracking: The Contractor may propose removal and replacement of less than the full depth of all layers by preparation and submittal of a signed and sealed engineering analysis report, demonstrating the actual extent of the distressed area(s). Remedial work must be performed in accordance with Table 338-1 unless the Engineer approves the f;:~e~~g, Delamination, Pot holes, Slippage: As defined and determined by the Engineer in accordance with the examples displayed at the following URL: www.dot.state.fl.us/specificationsoffice/pavemenl.htm 7 Patched Areas: At the time affinal survey, patched areas must be performing to the satisfaction of the Engineer. If the Engineer determines patched areas are not performing satisfactorily, remove and replace the distressed area(s) to the full distressed depth, and to a minimum surface area of 150% of each distressed area. 'Bleeding: Bleeding to be determined as defined and determined by the Engineer in accordance with the examples displayed at the following URL: www.dot.state.fl.us/specificationsoffice/pavement.htm Agenda Item No. 16K3 February 14, 2006 Page 15 of 18 338-5.3 Category 2 Pavement: For purposes of this specification, "Category 2 Pavement" is defined as mainline roadways, access roads and frontage roads with a design speed less than 45 mph; parking areas; rest areas; weigh stations; and agricultural inspection stations. Threshold values and associated remedial work for Category 2 Value Added Asphalt Pavement are specified in Table 338-2. Type of Distress Type of Survey Automated Measurement Rutting TABLE 338-2 Category 2 Condition Survey Threshold Values Remedial Work See Table 338-1 See Table 338-1 Manual Measurement (I) Depth >0.4 inch Remove and replaee 1.5 inch the full lane width for the area plus 50 feet with rutting equal to or greater than 0.4 inch. Cracking Any Survey Cumulative length of cracking > 300 feet for See Table 338-1 Cracks > 1/8 inch Surface Deterioration (2) Any Survey See Table 338-1 See Table 338-1 (1) Rutting: Rut depth to be determined manually in accordance with the Flexible Pavement Condition Survey Handbook, with readings taken at 20 foot spacing over the distressed area. An area will be deficient when the average of three consecutive readings exeeeds 0.4 inch. (2) Surface Deterioration; As used in Table 338-2, Surface Deterioration includes Raveling and/or Delamination affecting the Friction Course, Pot holes, Slippage Area(s), Segregated Area(s) and Bleeding; all as defined and footnoted in Table 338-1. 338-5.4 Category 3 Pavement: For purposes of this Speeification, "Category 3 Pavement" is defined as median crossovers and shoulders. Threshold values and associated remedial work for Category 3 Value Added Asphalt Pavement are specified in Table 338-3. Type of Distress Rutting Type of Survey N/A Cracking Any Survey TABLE 338-3 Category 3 Condition Survey Threshold Values Remedial Work N/A N/A Cumulative length of cracking >500 feet for See Table 338-1 Cracks> 1/8 inch Surface Deterioration(I) Any Survey See Table 338-1 See Table 338-1 (I) Surface Deterioration; As used in Table 338-3, Surface Deterioration includes Raveling and/or Delamination affecting the Friction Course, Pot holes, Slippage Area(s), Segregated Area(s) and Bleeding; aU as defined and footnoted in Table 338-1. 338-5.5 Remedial Work: During the warranty period, the Responsible Party will perform aU necessary remedial work described within this Section at no cost to the Department. Remedial work will not apply if anyone of the following factors is found to be beyond the scope of the Contract: a. Detennination that the pavement thickness design is deficient. The Department will make available a copy of the original pavement thickness design package and design traffic report to the Responsible Party upon request. b. Determination that the Accumulated ESALs (Number of 18 Kip Equivalent Single Axle Loads in the design lane) have increased by 25% or more over the AecumuIated ESALs used by the Department for design purposes for the warranty period. In calculating ESALs, the Average Annual Daily Traffic (AADT) will be obtained from the Department's traffic count data and the T24 (Percent Heavy Trucks during a 24 hour period) will be obtained from the Department's traffic classification survey data. c. Detennination that the deficiency was due to the failure of the existing underlying layers that were not part of the Contract work. d. Detennination that the deficiency was the responsibility of a third party or its actions, unless the third party was performing work included in the Contract. If a measured distress value indicates remedial action is required per Table 338-1, Table 338-2 and/or Table 338-3, the Responsible Party must begin remedial work within 45 calendar days of notification by the Department. However, after each survey, if the Department detennines the extent and magnitude of pavement distresses in any areas will not affect the traffic safety, strength of pavement structure or highway aesthetics, the Engineer, at his sole option, may defer the remedial work associated with the pavement distresses. In the event remedial action is neeessary and forensic information is required to determine the source of the distress, the Department may core and/or trench the pavement. The Responsible Party will not be responsible for damages to the pavement as a result of any forensic activities conducted by the Department. As applieabIe to distress criteria for rutting, ride and cracking for Category I and Category 2 pavements, when two LOTs requiring remedial aetion are not separated by three or more LOTs that otherwise require no remedial action, the remedial work shall be required for the total length of all such contiguous LOTs, including the intennediate LOTs otherwise requiring no remedial action. Additionally, for Category I and Category 2 pavements, where the limits of remedial action are defined as 150% of the distressed area, and where such areas of remedial action required due to rutting, raveling, cracking, slippage or bleeding are not separated by 1,000 feet, the remedial work will be required for the entire area contiguous to the distressed areas, including intermediate areas otherwise requiring no remedial action. The Responsible Party has the first option to perform all remedial work that is determined by the Department to be their responsibility. If, in the opinion of the Engineer, the problem poses an immediate danger to the traveling public and the Responsible Party cannot begin remedi8.l work within 72 hours of written notification, the Engineer has the authority to have the remedial work performed by other forces. The Responsible Party is responsible for all incurred costs of the work performed by other forces should the problem (remedial work) be determined to be the responsibility of the Responsible Party. Remedial work performed by other forces does not alter any of the requirements, responsibilities or obligations of the Responsible Party. The Responsible Party must complete all remedial work to the satisfaction of theEngineer. Approval of remedial work does not relieve the Responsible Party from continuing responsibility under the provisions of this Specification. NotifY the Engineer in writing prior to beginning any remedial work. Meet the requirements of the Department's Standard Specifications for Road and Bridge Construction and implemented modifications thereto when performing any remedial work. Perform all signing and traffic control in accordance with the current edition of the Department's Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. Provide Maintenance of Traffic during remedial work at no additional cost to the Department. Lane Agenda Item No. 16K3 February 14, 2006 Page 16 of 18 Agenda Item No. 16K3 February 14, 2006 Page 17 of 18 closure restrictions listed in the original Contraet will apply to remedial work. Written request(s) to obtain permission for lane closure(s) for either forensic investigation or remedial work must be made to the Engineer 48 hours in advance of any lane closures. Do not perform any lane closures until written permission is given by the Engineer. If remedial work necessitates a corrective action to overlying asphalt layers, pavement markings, signal loops, adjacent lane(s), roadway shoulders, or other affected Contract work, perform these corrective actions using similar products at no additional cost to the Department. 338-6 Responsible Party's Failure to Perform. Should the Responsible Party fail to satisfactorily perform any remedial work, or fail to compensate the Department for any remedial work performed by the Department and determined to be the Responsible Party's responsibility in aecordance with this Specification, the Department will suspend, revoke or deny the Responsible Party's certificate of qualification under the terms of Section 337.16(d)(2), Florida Statutes, for a minimum of 6 months or until the remedial work has been satisfactoril y performed (or full and complete payment for remedial work performed by others made to the Department), whichever is longer. Should the Responsible Party choose to challenge the Department's notification of intent for suspension, revocation or denial of quaIifieation and the Department's action is upheld, the Responsible Party will have its qualification suspended for an additional minimum of 6 months. . .. HCY-Se-Zeea 11:86 AH P3S&3 CONSTRUCTION sER. J2Z959431:891 Agenda Item No. 15K3 February 1ll...:l.9ljl6 Page f8 aT 18 . ',I . . j ",Ph. ~ . '. .:......... ,. M ";.: :.... , . Jl . . . .., ~ AUIIIIIt 21th. 2DD5 Thllfl'llll O. c.r. P.E.. s.ra Pl~ ErVnnr flB8&J 1_1 ~ Pld1Ing RaMI Narth, SUb 11 I\! q Iu. FIclrIdI 34109 D~&lEn\JJfE SEP 1 ZOOS ~ ..r" ~A~ - ..-; , RE: Ow*"Frank RaIId WIcIenI.. Project COunty PnlJICt No. 10114 Canlrlct Nlr. OG-a114 :=- ~.......nt DIIIIr Mr. 0.11I', : ~ In m.r.1Cl1o 1:lIlnIlMII1'llll1dlg" _Ign or !he T~ s.ullllllNllt IUI'f8at D1........ an "'1I8L. an ~DlIlIIl6. ,.,...11 RaIId an .. -lbJlc:t p.~~ CoII11r Countr nil .-.c:r . ...,. far. "lilt or "lull) or : 1IUIftIII- II'IIhII W& ""III. PI IIll1udvIIM II!IIt AJa ~ IncluItrIIa. Ina. wi afIIIn liolII.~. ul'ldar the CUNrIl 1Ip.J11 .. .... W. v.rw AcfdlId Alphllt F'&~...nt Cc:llPJ IIIllIoIIId) !hat II Ie, rl 1'1 III .. InatallIIIon "'.. Type SoIA 1Ma,1ld1 and WDJI.jJ..1IhIp and II IptICIl\c to WIldl .. .-nn.s In thI aIIg1n11 co. ....... doalllllnla ar IlNIlcI-' ." eN,... anIW. TI'ia .1CIIcII1IDn MUld lie 8dded 10 ... oanInIct.. . rut llDIt lM'lga..... - PllVil1llndllatrlll, Inc. II thlllHpolllllH fIII~ for b rwneclilll.n: U1derlhe ....... m'III'u~an. It II untiIIrwlllad 1II1It.. . A....lD.. ~ I*1od "''''''(3) ~ lie al'llll\dM to.. (&) yun. All alhlr .-ClIIIaIlIan pn>>v1.r I ." _appllcatlllt. It II unda.4.~Dd lilt CoIIIr Call"" will mm.diloWv ,...... III WIIhhlIICI p.,manIa _......, 1Iw TJpe 8-11I . ....... -.IpI at IhIa 1IIlI1l'a..t). In umn.ry. AJu PIMnO 1nduIIrIn, Inc. wi. lUUI1I Call1Il' County !Nt ." faJIure In 1Iw Tp 8-11I upMit pawment ~ 8IIav8 that may occur ".ulling from cWlciMdn In m....l. or VIOoIv._ ...__ WlI be tapll,..Qlt our..".., for. pMad afllw (5) W-I'I tram !he dlIlII "'ll.Iballlldl81 campldan. ~.p.*",. AJAX PAVING INDUSTRIES, INC. &~ ." R. ~..,,# R. ~, F.E. ArM Managar cc: Mb Haran, .. Paving tnclWllrlea, Inc. 2432 5-111 AIpM/I WIITIIII!y ,,""'-, G'r"':\1 '''I ""L.a~V'"'tnf"'1 11\oUT_ =...~..u rtV=M Agenda Item No. 16K4 February 14, 2006 Page 1 of 14 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the Issuance of Music Festival License for Radio Fiesta Special Event, pursuant to Ordinance No. 70-11. OBJECTIVE: Recommendation that the Board of County Commissioners approve and ratifY the issuance of a musie festival license for Radio Fiesta Special Event held at the Immokalee Airport grounds Sunday, February 12, 2006. CONSIDERATIONS: In previous years, Radio Fiesta has entered into agreement with the Collier County Airport Authority for a special event featuring music at the Immokalee Airport. This year, as previously, the promoter (this year: KAZA Production, Inc.) has complied with all of the health, sanitation, safety and liability/insurance requirements provided in Collier County Ordinance No. 70-11. This year's Radio Fiesta Special Event at the Immokalee Airport is (to be) held Sunday, February 12,2006 from I I :00 A.M. to 8:00 P.M. FISCAL IMPACT: A permit fee of $1 00.00 has been tendered for payment as required by Ordinance No. 70-1 I ~ GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve and ratify the issuance of a music festival license authorizing the sale of alcohol for the Radio Fiesta Speeial Event Sunday, February 12, 2006, by the County Attorney for the event upon the applicant meeting satisfactorily the general requirements for such permit. PREPARED BY: David C. Weigel, County Attorney Public/bee agenda02114/06/AMENDED 020806.exec sum.radio fiesta special event ~ Agenda IIBm No. ~6K4 February14.20U6 Page2of14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K4 Item Summary: RecommendaMn that the Board of County Commissioner. approve the ISSuance of Music F""tivlIl Licerlse for Radio Fiesta Spf.!!:;ial Event, pursuarlt 10 Ordinance No, 70-11 Meeting Oate: 2114120069:00:00AM Appl'ovedBy OavidC.W~;lI<l1 C()untyAtlom<lY 0.. ClIuntyAttomoy County Atlomey Office 2W2fJ0611,05AM Approved By OMBClIordinator AdfOintstrllti\li!A$sistllnl """ County Manll\Jllr'sOffiee Office of Manall""",nt & audile! 213!26l1~ 9,1tAM Appl-ovedBy SaryA.Vincent M~nalIem"nt & Budllet Analys;t D" County Man"ger's OffiCiI Offi".. <If Manllllemerrl & Budget ZJ3/201l& S,33 AtII ApPl'oved By JamesV,Mudd CnuotyM'mag"r D.. Eoard of County C''''rlty Monoll~r'5 Oflice 2i3.'2006t1:30AM CommJsslonen; ~...'\ "f. AlRPO-9.... ~ -sfe: t/i ~ - 0 ::f :It o - o ~ COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Ste. 1 Naples, FL 34114-8847 (239) 642-7878 Fax (239) 394-3515 Agenda Item No. 16K4 February 14, 2006 Page 3 of 14 A Certified Blue Chip Community February 1,2006 Radio Fiesta & KAZA Productions, Inc. 2105 West Imrnokalee Drive Imrnokalee, Florida 34142 , Dear Lupita, The Collier County Airport Authority hereby grants you perinission to utilize the "Events Area" Ioeated on the Southwest section of the Imrnokalee Regional Airport for the - Valentines Festival celebrated on Sunday, February 12,2006. Your set up date is February I 1,2006 and your clean up date is February 13,2006. You will be charged $150.00 per day for plus tax for three 24 hour periods, which is consistent with the Collier County Airport Authority Leasing Policy, "Rates and Fees". If you have any further questions please call me at 239-657-9003 Thanks You, ~~~O1?- Tiffany Mendoza Administrative Secretary o Marco Island Executive Airport 2005 Mainsail Drive S18. 1 Naples, FL 34114-8847 (239)394-3355 (239)642-5427 Fax o Immokalee Regional Airpolrt 165 Alrport Boulevan:f Immokalee, Fl 34120 (239) 657-9003 (239) 657-9191 Fax D Ev8rvlades Airpark P.O. Box 889 650 E.G. Airpark Road Everglades City. FL 34139 (239}6SS-2778 (239) 695-3556 Fax r~~-~O-~~~O ~~~~? Hrl ~~HH ;,,!;~~ ~";;}"fo '::';:JI~;:JI -~-O.;O::;-._..~~ 1. .'-.... Agenda Item No. 16K4 February 14, 2006 Page 4 of 14 LEITER OF AGREEMENT BETWEEN RADIO FIESTA. INC./MEXICAN CULTURAL ORGANIZATION CORP, AND THE COLLIER COUNTY AIRPORT AUTHORITY AT THE JMMOI<A~EE REGIO~L AIRpORT Attn: Lupita Estrada 2105 W.lmmokalee Drive Immokafee, FL 34143-2393 Collier County Airport Authority 165 Airpark Blvd. Immokalee, Florida 34142 This agreement between Radio Fiesta, !nc,lMexican Cultural Organization Corp. (user) and the Collier county Airport Authority (Authority) is for the temporary use of the track of land shown in exhibit "A". The land shall be for the sole use of Festival. Whereas the user satisfies all Authority requirements, then the Collier County Airport Authority shall approve the use of the land. 3. It is agreed that rio actIVity will be allowed which in the sole discretion of the Authority Interferes with the safe operation of the Airport, or which constitutes an extreme hazard under the Airport Height Zoning Regulations. The operation shall be limited to the area depicted on Exhibit "An and the user will be responsible for all public control, security, clean-up of the site, and returning the site to its original condition after use, The user will be permitted to take control of the area depicted on Exhibit "A" effective February 11, 2006, through sunset of February 13, 2006, This Agreement and the user's occupancy of said area shall be at no cost to the Authority. The user agrees to maintain and enforce during this event Comprehensive General Liability Insurance in the amount not less than $1,000,000.00 and will add the Airport Authority and Board of County Commissioners as an additional Insured. An acceptai>le Certificate of Insurance evidenced such coverage shall be delivered to the Authority prior to the approval of this Letter of Agreement. The user agrees that its activity will not create a public nuisance and that the activity proposed shall be conducted In accordance with all Federal, state and local laws. The user shall IdentIfy and perform adequate measures to ensure that no persons are permitted to wander outside the area depicted on Exhibit "A". The user shall submit an acceptable plan Identifying details, schedules, and personnel reqUired to successfully conduct the proposed activity prior to the Authority approving this Letter of Agreement. Once the plan is approved, It shall become part of this Letter of Agreement and It shall adeuately address and Include the following points of concern: 4. 5. 6. 7. -1- ~cn-~o-~~~o ~~~~~ HM ~~HH -'.;;0 ~ <oWl_..,. . Agenda Item No. 16K4 February 14, 2006 Page 5 of 14 a. Access to tha area; b. Access to the Airport; c. Control of persons from wandering outside area Identified on Exhibit "A"; d. Control of the flow of traffic; e. Parking Plan; f. Any temporary construction (fences, corals, port-o-Iets...)' g. Bleacher and tent locations and heights; h. Emergency Safety Plan; i. Ground Control; J. Concession Plan; k. Weather Contingency Plan including alternatIve daysj I. Cleanup operations; m. Advert/sing and community impact. 8. The user agrees to indemnify and sav" harmless th" Authority, Board Of Coul1ty Commissioners, members of their boards, their officers agents, snd employees of and from all claims, demands. debts, liabilitIes, and cause of action (Including attorney fees and cost) what so ever resulting from its operations at the Airport of while in or upon or with respect to the use of sny part thereof. . 9. Fees: For the privilege of using the area depicted on Exhibit "A: the user shall pay in advance $450.00 plus applicable sales tax of $ 27.00. Agreed: ~ ~ 1---IY( tl t ignature of Authorized ~b epresentatlve -:ro~~ L. t-lof1-~A- Print Name z'?lf-1SJ-IL/'1 D Phone '$Fr,D 117{ j)V~ s ~. tI Pt'}IL-€ ~ ~(. ~ '-Iff') Address In signing this document, the above Individual warrants and certifies that he is a bonatide representative of the user and has full authority to obligate said user of the prOVisions agreed to herein. A Approved: &/~ /..r:A ~ .9/ 9/()(, Airport Manager ' Data Collier County AIrport Authority -2- Agenda Item ~~. 1~~ February 6' f 14 Page 0 " '. ., :; EXHIBIT "A" l', 1.\ .---.~,-- _"r,#:-: I' '''~~'.-;~4. ;.<,7,.(" i,t"', 1 i,r. ~$;Y/..v~1I1W-p"-8'~ f~ i1 ' ':. I - ,'J-MifMfliff:,' ~tf~~---:-_...-. " '-""//h__, ... InIY;r';'7~~~ ' ~'" :"y.~'W/;;!,h7,;/#t \f,f(iC<<'l ,// (-. i €I (,'"?,'k.." J/ 'J'" "" ~ 2J. 'I" . -'" -r,' __3 ~__~,_=_ I1i #df:, ----1 ':;:.:.., r ~ '%~" " ~;i;QW""'.d~ '" \1 '. ' i In\!,! \' / /1: J fl' il II I ~ " l'" 111 , : - ""',..... "eo ...... ...,,'"- ~,,'''' ~ ~ ,,7 ... '. .... ,$-/ j ., " l! I, ,_) Il___1.__ , bJl ] ~ t:4 ~ ~ &o,~,...I.... ~<;; : ..,"' : .....f~~~~..I..................... I Barricades I ..........................................1....... I ....... Police <II Fire ] Medical .~ j;Q D Miller Lite 20 X 40 Tent ~ 15 vendors Miller J Lite PARKING ss Road Airport Acce u . m . u . . 0'-< 'rl 0. ~<o; 'rl 0 0. . W " . o . 'rl > u 'rl . U U .oM '-<<0; . 'rl "" o I'll S ~ tJ'lllJ.1"'I oM U M 'rl . W W 1>0 :8 b tll E-< 0 . No 16K4 Agenda Item 14" 2006 February. 7' of 14 Page tl1 3. n it " w Barricades c,,1I-TC- '.'~ . Agenda Item No. 16K4 February 14, 2006 Page 8 of 14 ! I Agenda Item No. 16K4 February 14, 2006 Page 9 of 14 FER 02 2008 2:32PM F.b 02 20DS 3,28 LlAFC AMFM I-IP L.ASEAJET FAX l-SEl3-$e3-Enos ",.1 p. t Henderson's SCII" Service Systems, Inc. . P. O. llol( 10 . !l!IO Nol't'h HiJlwly27 Soutft 8.ay. Florida U493 (!I61) ~~29S 1'0>( (561)"6-8646 FACSIMILE bate: FW..- 2.2006 Fax To: From: ICAZA I'roclIIctiCM Re: FrGIIciIcoc-...lwolel <<av HJdcIan FQlC 1163-983-61Of Phane 863-221-0163 . TO'" "",.... of ,.... -' Inc/uljl", ........' 1 8ADDJNi: Pr\clc Ust for 18 POl'tGble ToIlet' and 2 Handicap To/lets to IInrnakaJlee AIrport on 2-10.06 to 2-12.06 T1l& ClOSt will be: $t,!lOCl.oo T~I AentQJ F. 1350 on Delivery Fee $l.uo.OO TotGl fee bile bef_ cMllllCt'y ~.is dUll in full "'*' CUffOmei'" recaipt of invol;a. CultOlllll'lI!Irc&ll thczt (Q) late c:""'" of I.!S~ .... "*ttII .ql btI Added to CIII)' lIIlpCIId IlGIancc If th. bGIaIlce I, not peld ill fill with1ll (30) day. of the ~e fhe lrMli~ ~ ......-.d, CIId (b) It will JlClV all _noble Gtto~IIef' f.- CIIId ___ IIIClrI'&CI by ,...JOd. 5alII SerYi 'Yft-. tile, in CDjlect..., ~ts ulIpIlld by tnc c:\l$tDlller,.irlc:Juclirv pm- , in9' 10 ~1Icc:t Dr anfarce. any jIIc1gaw1t obtai_ ......eIClItlllg such .... T1tIaI 'iiilu.,Jr ~6,..J4""- rrtl.: . SIp I'IIc.e fll 0IIt the crt t.,.;Md ~ InfGnncrtion form llIld rctu'" It byfOl( tD 561-996-864 6 at 'fG1I' earlim COh.....IC&. 0Ilr biling cycle I'Iftt fI'OI!l thoe 15'" of one IftOnfh throiIgh tM 14'" of the to11owf"ll momtt.,th illYlllclls being ...t out en l'he 2()lh. All payIII""" '" Ituc within 10 workir1g day. tl'lllll -'pt of th& _Ice. . I hMl_ att.ldIJd a 11M notlrf the WI'ious Hl'Vicu we provide for your M~l'C rd'a'CIlU. If 'fGU ~ CIIy ....tt_or WI can be rn allY further GNlttQnc:e P- c:ontoct III. ~ 20 39vd Z,,~M 05P!8~g5E~ 0E:E~ g00~/E0/~0 Agenda Item No. 16K4 February 14, 2006 Page 10 of 14 02/81/280& 84:5e 2396578325 BHI: RHClNlJA PAGE 82/8f. iJ'''''''''' . l~ . 1 "..____,."._ . .!Y.~RA!:J.t;jJ}~._._ _____.._"_____.,.._..,,.___<' . (721)937.as05 520 E, To"",n AW!.. To""," s~, FL 3_ (727) fl.42-37eO ~"" (1lOO) -482~ B2 Ph."" f>rrxIlICfr. _t1ElIIllItY Ffllr "1/.:-- PIrone lit -,. Special Events Application - Florida Apphcant: 1CAoZA__ Addnms:lIlIO~-- City: ~ST.UICK State: IlL Zip:- DIIte! of Event (Time and ClUe iRequired): -- To m_ Dates of Collll'lge (Inel. Set-upfTake-Down: -- To 1l2II~ Est. AUendaooe Per Day: flONI500 Number of Days Event Scheduled: I Submit over 3 l'!$t. Number of Panicipants: :uoII Number of Days SetUp!rlke-Down: I Gross 'ReceiptS: Malcimum Cap8Ci1y ofLeotllOll: ..... Det&led Description of Event: VALelfINIS...STlVAL tZL8RATIClN, lNlTI-4 LNE lIIlSIC _ONl.', """"_III, Location Address of Event: .OSIliRPoRTP......IIlVD.'_.. .~.l'LUiQ Event wm be Held (Indoor!, Oi!l:dQOTl, Seating, ctg".): 0lnCICICllt5 CrOWll Coatrol (mdlaallUJ1lber or :rem): Ushers:_ Police: ClvlIl1I Dogs: Other: PriVllle Security (Armed): . Prhate Security (Un.arn1ed.): ., Off.Duly Pollee (Almed): Off-Duty Police (Unarmed): (IF APPUCANT PROvtnESOWN SECURITY lUSK IS UNACCEPTABLE) Applicants Experience in Conducting Events of This Of Similar Natllre (Number, Type, Dates, elo.., ): ....... WIl\oI NO l.GSUS Ally Celebrities to be Pre$ClI: Y.. (If yes, Provide names and submit prior to bindiQa.) Will Bleachers or Plalforma be Used? Yes rf Yes. Type: .... "APIA , ..- YlIU!ICAltIlllClNllS BaolcsISide RalIin~7 Y. wso.u-Vcr u '-8 38\1" z~w' 85tt8995E:~ 8E::E~ 980~/E:8/~8 Agenda Item No. 16K4 February 14, 2006 Page 11 of 14 02/01/20a6 04:5B 2396578325 Sl-iI :RHCNDA PPlZ. e3/05 lryes, Describe Condition: "'-UIlUNUII1lOItT.....&T_ Does EVlIlIt hlvolve any Hazards? No lfYliS, Oescrlb<< VAl.il/f1lU -Al.""""'IIIlII, _ LMI_ IlElllOtll,y. PClCG UU!S. . If AppliQllll is SPClIlSor, Does Operator Have Liability lnsur.mce1 NI> ltYfJIl, GiYa Name of lll~ Company & Limite: AnYLoS!CI From PriorEvenl$ QftbeSlI:IIe or Sin:illarNa:lu1'e il\ 1I1e lasl 5 years? No fry", Give nates. Al'llolllltS Paid, and Detai1s: Have Cerlific:alrls ofIllSlUlllIal BIlClll Obtained From Operzlor'l NI> Hold HamIl_ Agleements; Does Appli<:Ult Agree ~ Hold Hatmless any Third. Part).? No Is AppliCllll Held Harmless by Others? No R,eq1l8St for Additlaoal Wureds (Give Name, Address,lIld Interest for each): COUJ!IIIec. AIRPORT AU'fttCIrVTY. f. ..1,....1.MM: ~VD. _at ...., II. ~S4(.c COLIJI!Rc:c._CFCOi'I'_ KA.,fA~INC. :ao.n.\'w 1:1 1>0 39';1d Z-"\1M 05t>t8996E~ 0E:E~ 900~/E0/~0 Agenda Item No. 16K4 February 14, 2006 Page 12 of 14 02/01/200& 04:58 2395578325 IlHI : RHCNDA PIlGE 94/9& SPECIAL EVENTS LIABILITY RATING I RAn TABLE RATES nR DA v UP TO 'l'HllElt 13\ DA \'S E$dlllatecl Attendaace 1001100 300/300 SOGISOO 10001J OlIO l00012l)OO Pv n.v 0.100 30 40 50 60 55 101-2!O 40 60 I 80 100 110 251-500 '75 100 125 ISO 165 501.1000 125 ISO 175 200 220 1001-2500 1.25 250 275 303 31& 2!O1-5000 325 350 375 413 434 Set....plTalfte.d_ 10 15 20 25 28 Dav$ AdditlOlla/ Charps: ()ae A.dditiODalIIl8U1'1l1d .10 'I"tvtI or Mf,lre Adcli1ionlallllJured .10 Prodlld Ulbilily for Flood .10 Temllitlll .OS Limits: 10011/1l1GO 1.)RaleperD8y:. Xl NumllerofDays Is Covnge Desim1 Cor Set-uplTab-down Days? No 2.) lfVes,NumberofD*7S 1 X 25 Raie Is Coverage Desired for Products Liability? No 3.)Irv., AllD (1 + 2) X .10 Is C:OV~e Desired for lIIlY Additional Insuredll?Ves - How Many? 1 4.) HVes, ADD (1 + 1.+ 3) X .10 for ONE AddltiollalJIlSUI'IlId .20 for lWO OR MORE AddiCioDlll h1sunds TOTAL Ptu:MIUM (1 + 2. + 3 + 4 ) Is Covelll8e I>esu.d for Terrorism? No 5.) UVea, Terrorism Premiwn: TOTAL PllEMJUM x.os (Minbnum $100) 6.) Poll~y Fee 7.) SIIl'Pl1D Llaee Ta (TOTAL PREMIUM + PolIer Pee) X .os 8.) St:aJllping Oftice flee (TOTAL PUMltJM + Policy Fee) X .0025 ..lot'" .. UlI .:;;:o.oa ,"~1II t=; aso... =UO --$3S =..... ..... TOTAL POLICY PIlEMJltlM (1 + 2 +3 + 4 +5 + 6 + 7 +8) .. 405.21 Calculate Rat. PrInt App NS()..SE.\iCl/' ].1 913 38lid ZdliM 136vt899660 136:60 9BI30/813!~0 Agenda Item No. 16K4 February 14, 2006 Page 13 of 14 92/91/2086 04:50 2396578325 BHI: Rl-lCNDA PAGE 65/06 C::tto;~ -:> THIS FORM IS NOT AN INSURANCE POLICY OR AN INSURANCE CONTAACT. Your lI\VteITIent to these !er/Tllll)OES N OT ~ on insu....oe Oontrect or a~ iM<Iral'106 ~emenL These te"". MUST SE llCCllpted by tI1e i_r;me eomj:lllny ~ 1j,ere '-.ny jnsunino. cOn1rIct Or insUrance coYel'llgt, lmu~.~ncu~~~~~ "l'OducerSSlgn~~.AIL ~~ 0 OIte~ Oate~ FAX THIS APPUCA TION TO NoSURANCE OUTLETS @ m . 937 - 0505 If 'pp1IClll1On Is a<:cll'led oovttagewlll be bound by fllx no earljerlh.~ tl1e date and ~me recelv-.:l i~ o~r oIII<e (eASTERN 8TANDARD TIME). Special ConQI~ons: COMPANY tlSE ONI.Y W1T~IN THREE (3) WORKING DAYS PLEASE SeNO ~.e BELOW CHECKEO ITEMS I l ORIOINI\L SIGNEO APPliCATION ( ) NET CHECK S ( ) ORIGINAL SIGNEO TERRORISM FORM ( ) AFFIDAVIT OF OIUGENT EFFORT MAIl. TO: N.sURANcE OU1iLETS S20 E. TARPON /WE TARPON SPRlNcis, FL 34619 THIS BINOER IS EFFECTIVE NO I:AR~iER THAN THE DATE AND TIME FN< IS RECEIVEO IN THE MARlenA OFFICE. B;nder Numller. As$ignlld to: __..., we. Et1eotive: Company: Sound By Dste: Time; N$o.g..VII:t 1.1 90 39\1d Z..:Jt1M 06Pt8996E~ 0E:E~ gee~/Ee/~e Agenda Item No. 16K4 February 14, 2006 Page 14 of 14 ~<(~1'2006 04:50 2396578325 BHI:I'!I.OlDA PAGE eG/eS FIRST FINANCIAL INSURANCE COMPANY THe eURUNGTON INSURANCe COMPANY GUILFORD INSURANce COMPANY - 11& Compon;d" . POUCYHOLDER DISCLOSURE NOncE OF TERRORISM INSURANCE COVERAGE (FORM C) Insured: K~ z.It ~ch&i-ts' ~: ~'b 5~ ~ 'RA'toce. ClIy, $lala. ~p: ~ s.. u...q -t.. JfW. L .!IIff"3 Policy No: Type of Po~oy: Date: I p~ ~ ~.:I- YOII we horeby MtI1Ied tI1l1llJ'le Terrot1sm Risk In.ur.n"" Ar;t of 2002 hov betn elIt8rded unlll Oectmber 31,2007 ul1dertlle reviled Act ansa lIS ''l'em>l1Im RSk 11'I$ljnlnC6 Extension Act of 200$' ("TRIA 2005'). Ul1<lar thil Act, you haWl a right to pureh.e Il'\SUnlnoe covmge for lessee ariSing out 01 acta of tarroritm. a. defined '" S.aIOn 102(1) Qfthll Att Tne term 'lICt of terrorlam' means any act Illat iI oe~hd by the Secretary of TrellSUl)', in llOnourrenee wt'J1 the ~ry Of state, and the Alltomey General of the Unlle<i State. - to be an act 01 \trroril;m; to be a 'o/lol.nl ect or an ad hI is dangerous to human life: proparty; or inlraslruature: to hlNe rt8ll~ed In demage lOilhin !tie United staleS or outside tha United S1lIl... in tn. ease of an air eamer or _ or \he pnomisce of a United Statea miNIon; and to ha"" tlten commlt!ed !by an indiVidual or individualS acting on beh.~ of any loreIgn PtlllCn or foreign Intel'tSl. il!I part cf en etrort to coerce !he .,vill., pOpUlation of tne United Slates or to in~llenoe the pol~ or offeot the condUQt of N United Stales G""emment I:l\' coerclon. YOU $HOUle KNCN>/ THAT COVERAGE PROVIDED FOR lOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARilAU.Y ReIMEl~SEO BY THE UNITe!J STATES UNDER A FORMU!.A iSTAeL-ISHED BY FEDERAL LAW. UNDER THIS FORMULA. THE UNITED STATES PAYS 90% OF COVER!;O TERRORiSM I.OSSES exOEEDING THE STAIUTORllY ESTA!lLlSHEC O!DUCTIBU! PAlC BY THE INSUAANCE COMPANY I"ROVIDING THE COVERAGE (THE'PERCENT CHANGES TO 85% EFFECTIVE JANUARY 1, 2007), THE PREMIUM OHARGED FOR THIS COI/EAAGE DOes NOT INCLuoe AW( CHARGES FOR THE PORTION OF LOSS COVERED BY THE FECERAl. OOVERNME'NT UNDER THE ACT. 'f"lA 2005 win IMllliMle 8t the end of Oacem_ 31. 200., u,,'- exi8nded by IIle Feder81 gove<n-.t. If I/O\lr policy ie In an.c:tWllen tIIa ,_aI program termi..... 811~ terrorlam -. .dford8d II)' us in your poIlcy'Ot WI "....ral p.ogr_ wiD alto _ as of lIIat date. ~U!!CTION OR REJECTtON OF TEMORISM \!lISUAANCE ~GE: I here elec:t to purchase !tie ...r,,",m coverlge the premium quoted to m. plUCIIlllY tax... and !.- tnalmay ~e appllcellle. I underetand tI'lat the federal T,rroriSm Rlek Insurance Act of 2002 C.. amerOd in 2005) may terminate en 121311C7, and shOUld that occur durll1ll my rx>Ucys oo.el'B{le te/l1\ m terrorl"" 00\18 e 5 d ed b the eGt WII! ~e on thai 'e. I hlMbY reje<:t ClO'Iet80a prov. underlne Terrorillm RiSk IMI.lrunc:e ArIt. of 2002 (as amended in 2005). I unde_ that I WlII hlwe n<> ""wrage for 1_ arlsin" from actl 01 Terrori/3rll. ., offtr ii f\Ot oIpPI' t' ro comanercaat Auto (lMfucUn; ~ratC LiI.~. ... si u.bI Y. . 11'IO and '....m-OwneN: MW1t Partllnltw."ce )'glldelll (not lnal~tng J:em L"!lUy) effIct1w 11112008 Met tbetMttar. .rgIart.... Theft tNell'le .... - Date RE'tURN THIS COMPLETf5D FORM TO YOUR INSUIltANCE AGENT Form C 01 06 I"lge10f1 Z~W, 0101>189%(1: 0E:E1: 3001:/(0/1:0 li.l '::l~~~ Agenda Item No. 16K5 February 14, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept $250,000.00 to resolve all disagreements between Collier County and Hansen Information Technologies and deem Contract 03-3500 for "Land Use and Permitting Software Application" terminated for convenience. OBJECTIVE: That the Board of County Commissioners accept $250,000.00 to resolve all disagreements between Collier County and Hansen Information Technologies and deem Contract 03-3500 for "Land Use and Permitting Software Application" terminated for convenience. ~ CONSIDERATIONS: On November 15, 2005, the County terminated for cause Contract 03-3500 "Land Use and Permitting Software Application" with Hansen Information Technologies (Hansen). As indieated in the Exeeutive Summary (attached hereto as Exhibit "A"), the Collier County Attorney has reviewed potential legal issues with regard to Hansen. Upon negotiation and discussion with Hansen, County staff recommends and Hansen has agreed to a termination for convenience conditioned upon the payment by Hansen of $250,000.00 to the County and the return of certain documentation from the County along with the County agreeing not to disparage Hansen. Additionally, Hansen is waiving a claim for approximately $60,000.00 of billing not paid. The proposed Settlement Agreement and Mutual Release (attached hereto as Exhibit "B") would resolve all of the outstanding issues. FISCAL IMPACT: The $250,000.00 recovery of a substantial portion of the funds paid to Hansen to implement the software will be returned to CDES Business System Replacement Fund (310). This capital project will remain intact to fund the replacement vendor of cho ice. GROWTH MANAGEMENT IMPACT: There IS no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The resolution of all outstanding legal issues and claims by both the County and Hansen in conjunction with the payment of $250,000.00 by Hansen is both legally sufficient and cost effective for the Board to resolve what could have been a substantial and costly potential lawsuit. RECOMMENDATION: The Board approve the attached Settlement Agreement and Mutual Release effeetuating a termination for convenience of Contraet 03-3500 with Hansen (previously terminated for cause) based upon the resolution of all outstanding legal issues between the Board and Hansen and the payment of $250,000.00 by Hansen to the Board and authorize the Chairman to sign the neeessary documents and approve all neeessary budget amendments. ~ PREPARED BY: William E. Mountford, Assistant County Attorney publiclbcc agenda items/021406/wem/exec sum,hansen contract 03-3500 Item Number. ItemSlImmary: Meeting Dilte: Agwda iteri' No_ 1BK5 Fcbru"ry 14. 2006 Page2of11 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS 15K5 Recommendation lnallhe Boerd uf Courlly Commissioner. accept S250,OOO_OO to resolve all <.li.a\lreemerltG belween Collier County and HanGen Injormatiorl Technnlogie!l; and deem Contr..ct 03':l500 lor Land Use and Permll!ing Sol'lwllr<.! Application lerrnirlated for convenierlce. 2/14/2006S:00:00AM ^""istant COllrtty Attomey ""'" Prepared By WiIIillmM!>untfortl County Mtortllll' C<nll'ltyAf1orneyOfflce 212i20a~9:3!,4!!AM A%lstJI!lt County At10mey D.. Approved By WUlwmM""nUDrd County Allom&y {;ountyAt1omeyOffIO:", 2!:V200B2,OlPM K(\I....yWard Sel1i"rPurchasjnn..ndContrn<:t~AgaM ""'" Approved By AdmillistrativeS.rvic..s Purchllsing 212/Z005l:15PM Approved By Jou-phK.S;:;hmilt C"mmunityD!:tvelopmflnt& IinvirollmllnlalSoNices Community 1)"I/(II"p01lml. & E"vlro"'n'lIlt,,-IS"T'li(...~Adminstrntor 0.. Community j"",..iopmenl & Envi,onmp.nlai S",.",i.;:..s Admin. 212J20116J!;54PM 0.. Approv..d By OavidC.W"i\lel CC>l!ntyAtt<>m..y County Att<:>moy County Att<>mey Office 212121l06j;12PM Approv.-dBy Administrative A~";~l~nl D.. 2/:lJ:!OllliS:1SAM OMBCot>fl'I,np.lor County t,la""ller'" Offi~a O!'ficet>fMaMgerneI11&BudgIJt Mark h;a(.k~"n Sudge1:AnaIY$t 0.. Approved By COllntyManl<9N'$O!flCf! O'ltie"" vf Milnallf!manl & Budget 2!TfJ!00611;24AM Approved By Leo E,Ochs, Jr. BoardorC<>unty Comm;,.~i{ln"rs O"f>llly CnUl1!Y Managt!r 0.. Cmmty Mllnaller'~ Otfi~" 2t1120MG,OOPM Agenda Item No. 16K5 February 14, 2006 Page 3 of 11 EXECUTIVE SUMMARY Recommendation that the Collier County Board of Commissioners terminate the contract 03-3500 "Land Use and Permitting Software Application" with Hansen Information Technologies OBJECTIVE: That the Board of County Commissioners (BCC) terminate the contract with Hansen Information Technologies to replace the existing Community Development and Environmental Services (CDES) computer system. CONSIDERATIONS: On March 13th, 2003, a selection committee was appointed for RFP #03-3500 consisting of Margaret Wuerstle (CDES Planning Director), Denton Baker (Financial Admin. & Housing Director), D.E. "Bleu" WalIace (CDES Operations Director), Tom Kuck (Engineering Services Director), Alamar Smiley (Permitting Technician), Barry Axelrod (Information Technology Director), Kelsey Ward (Senior Contracts & Purchasing Agent), and Dallas Disney, (Development SeIVices Advisory Committee (DSAC)) representative. On September 9th, 2003, following a selection process that included the full participation of CDES, the Collier County Purchasing Department, the Collier County Information Technology Department (IT), and the Development SeIVice Advisory Committee (DSAC), the BCC approved the selection of Hansen Information Technologies as the vendor of choice to replace the existing CDES computer system. Following contract negotiations and BCC approval, the CDES computer replacement project began on July 15 of 2004. The project progressed on schedule and on budget throughout the remainder of2004 and through the early part of2005. In the spring of2005, the vendor, Hansen Information Technologies, began to develop a variety of internal issues which resulted in their inability to commit sufficient implementation resources to the project. This lack of resources caused Hansen to be unable to meet the project's timeline and unable to deliver a product meeting the technical and business requirements of Collier County, requirements to which Hansen was contractually.obligated. As of June 20, 2005, and through the current date, Hansen Infonnation Technologies has failed to provide any implementation staff to Collier County, and has failed to make any progress 01) the project's schedule. Contacts with other jurisdictions undergoing Hansen Information Technology system implementations have shown similar staffing issues. .. . On June 21, 2005, following the loss of Hansen's last assigned Project Manager, CDES arid IT staff visited Hansen headquarters in Sacramento, California to express Collier County's deep concern over project progress and to assess Hansen resources. At this meeting, an agreement was reached where Hansen would submit to Collier County detailed project and staffing plans to bring the project back to a level of acceptable progress. Their responding project and staffing plans were deemed insufficient to be in compliance with contract requirements, and on July 22, 2005 the Collier County Purchasing Department issued them notiee officially declaring Hansen in default of the contract due to a failure to perform contractual obligations. All payments to Hansen were suspended. A period oftime to cure such default expired 01) August ] 1, 2005. EXHIBIT I II ",If .; Agenda Item No. 16K5 February 14, 2006 Page 4 of 11 To ensure that Hansen had every opportunity to come into compliance with their contractual obligations, an additional period of time was granted to allow for Hansen to release the newest version of their software at the end of August 2005, version 8.05, which was represented as fully meeting Collier County's requirements. A period of structured testing of this version was conducted during the first week of September, along with meetings involving Hansen management and Hausen ownership to discuss project staffing issues. At these meetings and testing conducted September 6 through September 9, Hansen's own management offered this written assessment of their perfonnance, "Project management from Hansen has been poor and, recently, nOn existent on this project. The main tasks 0/ the project manager such as creating a project plan and managing the milestones within the plan have not been performed satis/actorily". Hansen ownership offered to pay penalties amounting to approximately 1 0% of the contJact value due to lack of performance. The results of the strucmred testing conducted during this September period showed that the install of the newest version of the Hansen software still did not meet Collier County's business and technical needs. An evaluation of Hansen's project and staffing plans deemed them to be iosufficient to meet Collier County's requirements. Having made these determinations, CDES, Purchasing, the County Attorney, IT, and DSAC agree that Hansen has failed to cure such defimlt, and all groups have lost confidence in Hansen's ability to successfully staff and complete the project. A second Notice of Default was sent to Hansen on October 21, 2005 advising them that they had a deadline of November 8, 2005 to comply with the contract terms. The resulting reply from Hansen, received on November 8, 2005, was deemed to be non- responsive. Thus we are now recommending that the BCC terminate this contract for cause. . In the period following the September meetings with Hansen, CDES and IT staff have done their due diligence in examining if alternative vendors existed that could meet CDES needs. Confident that multiple such vendors exist, CDES intends to seek a new vendor to continue the implementation at such point that it was last completed by Hansen Information Technologies. Given the length of time since the initial selection process, and the improvements in available techno logies in the ensuing period, CDES intends to begin a formal competitive selection process, with new vendor selection following an affirmative decision by the BCC to terminate the existing contract. Collier County Legal staff is now examining the potential of pursuing legal action against Hansen Information Technologies. FISCAL IMPACT: This Executive Summary requires no budget changes and/or reallocation of funds at this point in time. The contract amount with Hansen was approximately $1.5 million, of which approximately $436,000 has been paid to them. Much of the work completed to date by Hansen involyes the docwnentation of CDES business processes, and is transferable to any CDES business system computer project. Additional expendimres within the overall project budget have been non-vendor specific items, such as hardware, and will be transferable in full to another vendor implementation project. The remaining funds within the County's originally approved overall $3.6 million budget should be sufficient to contract with another vendor. ,I Agenda Item No. 16K5 February 14, 2006 Page 5 of 11 GROWTH MANAGEMENT IMPACT: There are no growth management impacts with this Executive SummaI)'. LEGAL CONSIDERATIONS: This proposed action is internally consistent, complies with all applicable constitutional and generallaw, and is legally sufficient for Board consideration and approval. As of the writing of this Executive S~ary, Hansen Information Technologies has failed to respond to Collier County's intent to terniinate notice dated October 21, 2005. RECOMMENDATION: That the Board terminate, for cause, the existing contract (contract #03-3500) with Hansen Information Technologies to replace the CDES computer system. PREPARED BY: Garrett MuUee, Manager of CDES Operational Support '. '. Agenda Item No. 16K5 February 14, 2006 Page 6 of 11 SETTLEMENT AGREEMENT AND MUTUAL RELEASE nus Settlement Agreement and Mutual Release (hereinafter referred to as "Agreement and Release") is made and entered into this _ day of February, 2006 by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County") and Hansen Information Technologies, Inc. (hereinafter referred to as "Hansen"). WITNESSETH WHEREAS, on or about May 18,2004, the County and Hansen entered into Contract No. 03-3500 (hereinafter referred to as the "Contract") pursuant to which, among other things, the County was to obtain licensed software programs from Hansen for the purpose of land use and pem1itting acquisition software applications; and WHEREAS, the County detem1ined not to proceed with implementation of the Hansen software under the Contract; and WHEREAS, the County and Hansen mutually desire to compromise and resolve all issues relating or referring to the Contract; NOW, THEREFORE, in eonsideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged by both the County and Hansen, and with the intent to be legally bound, the County and Hansen mutually agree to the following: I. The County and Hansen agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses" by reference into this Agreement and Release. 2. Hansen hereby agrees and shall: EXHIBIT I ~f:/ Agenda Item No. 16K5 February 14, 2006 Page 7 of 11 (a) Pay the County $250,000.00 in certified U.S. funds within thirty (30) days from the effective date of the Agreement and Release. (b) Release, waive and forever discharge any claim of any nature whatsoever relating or referring to the Contract except any claim to enforce the terms and conditions of this Agreement and Release. 3. In consideration of Paragraph 2 above, the County agrees and shall: (a) Release, waive and forever discharge any claim of any nature whatsoever relating or referring to the Contract except any claim to enforce the terms and conditions of this Agreement and Release. 4. In further consideration, the County and Hansen also hereby agree that the Contract shall henceforth be deemed tenninated for convenience of the parties as of the effective date of this Agreement and Release. 5. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., the County also hereby agrees not to use or disclose any Hansen software or document templates used to gather client information still in the County's possession to any third party except as may be necessary to effectuate or exercise the County's rights as set forth in Paragraph 7 of this Agreement and Release. 6. Subject to the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., the County and Hansen further hereby agree that, from the effective date of this Agreement and Release, neither of them shall disparage the performance of the other under the Contract. 2 Agenda Item No. 16K5 February 14, 2006 Page 8 of 11 7. The County also hereby agrees that it shall cease use of any Hansen software or document templates except that the County shall retain a non-exclusive free right to use any documentation related to scope analysis for the proposed system documentation. This documentation will be defined as any document that contains Collier County business work process infonnation or data which was created jointly by Collier County and Hansen employees. These documents may include but are not limited to the following words or phrases that identify them: Flow Chart; Walkthrough; Meeting Record; Process Improvement; Meeting; Interview; Processes; Test Case Planning; Configuration; Process Flow; Design; Process Flow Narrative Document; Statement of Work; Business Process Analysis; Best Practices; Hardware Recommendations; Notes; Narrative. Collier County will make a "best effort" to return or destroy all copies of Hansen software and document templates except for the proposed system documentation previously described in this section within thirty (30) days of the effective date of this Agreement and Release. The County and Hansen also hereby agree that they may each advise third parties that the Contract was deemed mutually tenninated for convenience pursuant to this Agreement and Release. In this regard, Hansen hereby expressly acknowledges, understands and agrees that the County is subject to and must abide by the Florida Public Records Act, Chapter, 119, Fla. Stat., as well as the Florida Constitution Il11d the Florida Sunshine Law, Chapter 286, Fla. Stat., and that information disclosed to third parties by the County in accordance with its obligations under these statutes and constitutional provisions shall in no way constitute a breach of this Agreement and Release. 3 Agenda Item No. 16K5 February 14, 2006 Page 9 of 11 8. Except for any claim to enforce the terms and conditions of this Agreement and Release, Hansen shall and hereby does fully, finally and unconditionally release, quit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, fonner employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all matter of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable whether known or unknown, which Hansen has asserted or could have asserted against the County relating or referring in any way to or arising directly or indirectly from the Contract or work performed thereunder. 9. Except for any claim to enforce the terms and conditions of this Agreement and Release, the County shall and hereby does fully, finally and unconditionally release, quit, remise, satisfy and forever discharge Hansen, its officers, employees, fonner employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all matter of action or actions, cause or causes of action, suits, debts, dues, sums of money, accoWlts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable whether known or unknown, which the County has asserted or could have asserted against Hansen relating or referring in any way to or arising directly or indirectly from the Contract or work performed thereunder. 4 Agenda Item No. 16K5 February 14, 2006 Page 10 of 11 10. The County and Hansen acknow ledge and agree with one another that the releases set forth in Paragraphs 8 and 9 above extinguish all causes of legal action except an action for specific enforcement of the terms and conditions of this Agreement and Release. II. This Agreement and Release shall be governed by the laws of the State of Florida. 12. Any action brought to specifically enforce any of the terms and conditions of this Agreement and Release shall be venued in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed in the same formalities as this Agreement and Release. 14. This Agreement and Release is freely and voluntarily executed by the County and Hansen after they have been apprised of all relevant information concerning this Agreement and Release and after they have received the advice of their respective counsel. 15. In executing this Agreement and Release, the County and Hansen do not rely upon any inducements, promises. representations, other than the promises or representations set forth in this Agreement and Release. Accordingly, the County and Hansen acknowledge this Agreement and Release is a product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement and Release is to be construed against either the County or Hansen based upon the claim that one or the other party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 5 Agenda Item No. 16K5 February 14, 2006 Page 11 of 11 16. The effective date of this Agreement and Release shall be the date upon which it is approved by the Board of County Conunissioners of Collier County, Florida. IN WITNESS WHEREOF, the County and Hansen have executed this Agreement and Release as evidenced by the following signature blocks: ATTEST: Dwight E. Brock, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BY: DEPUTY CLERK BY: Frank Halas, CHAIRMAN WITNESSES HANSEN INFORMATION TECHNOLOGIES, INC. J:V= /, /ii'UJ 0./ ed Name , 1& l J L. t!.os.E:. Printed Name BY~ \ ITS: ~';. ~",^o.Nl ~ CJ::;O d legal sufficiency: ----; Robert N. Zach Assistant County Attorney 05.02221451 6 Agenda Item No. 17A February 14, 2006 Page 1 of 13 EXECUTIVE SUMMARY Reeommendation that the Board of County Commissioners adopt an ordinance consenting to the exercise by the Board of Supervisors of Tuscany Reserve Community Development Distriet of certain additional powers relating to public improvements and community facilities. OBJECTIVE: That the Collier County Board of County Commissioners (BCC) adopt an ordinance eonsenting to the exercise of additional powers by the Board of Supervisors of the Tuscany Reserve Community Development District (Tuscany COD) pursuant to Section I90.0l2(2)(a) and (d), Florida Statutes, relating to public improvements and community facilities. BACKGROUND: On July 30, 2002, by Ordinance 2002-42, the BCC established the Tuseany COD which comprises approximately 461 acres within northern Collier County, bounded on the west by Livingston Road and Mediterra, on the east by Interstate 75, on the south by The Strand, and on the north by Lee County and the Vasari Country Club. The property is located within the Urban Residential Subdistrict of the Collier County Future Land Use Map and planned for a residential master planned golf course community with 799 residential units (single-family and multi- family) an associated village center, IS-hole golf course, clubhouse, and other golf and residential amenities. Therefore, this residential development was charaeterized as a very low density (1.73 units per acre) development. CONSIDERATIONS: Section 190.012, Florida Statutes, provides community development districts with special powers relating to public improvements and eommunity facilities, subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included within the district. The Board of Supervisors of the Tuscany COD adopted a resolution requesting that the BCC consent to its exercise of the additional powers specified in Sections 190.012(2)(a) and (d), Florida Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars. FISCAL IMPACT: There is no fiscal impact on the tax payers of Collier County, as all costs associated with the indoor/outdoor recreational uses and increased security will be funded by the Tuscany COD. GROWTH MANAGEMENT IMPACT: - None. Agenda Item No. 1"1 A February 14, 2006 Page 2 of 13 LEGAL CONSIDERATIONS: This ordinance is authorized by Section 190.012(2), Florida Statutes, and has been reviewed and approved by the County Attorney's Office. STAFF RECOMMENDATION: That the BCC adopt the proposed ordinance authorizing the Tuscany CDD's Board of Supervisors to exercise its additional powers pursuant Section 190.0l2(2)(a) and (d), Florida Statutes. Prepared by: Marcia R. Kendall. Planner, Comprehensive Planning Department Item Number: Item Summary: Meeting Date: Agenda Item No. 17A Fobruary 14. 21j()6 Page3of13 COLLmR COUNTY BOARD OF COUNTY COMMISSIONERS HA Re~ommerldation that the Board of COlmly Commi~sioners adopt an ordinance ~onsenlin!llo the e~erclsa by the Board of Supervisor$ Of Tuscany Reserve Community Development District of cert.ein additional powers relating to public ImproI'Cmenls end commun~y facilities. 2114i2D069.00,OOAM Plarmllr "".. Pl'eparedBy Marci'll<endall CommunftyD,welt>pnwlll&. Environm"ntaIS"rvie"s Compreh"nsivePiannlng 112112(1l)1;f,22,4TAM "".. Approved By R3n<J.llJ.CohQn Communilyo.,velopmentl. EnvlronmentlllSsf'Jiefl Commuinly Planninv and l'tedevelopmentMlmager C<ll1lpr",""nsi.,.Piar>ninll 1127/200\1 7:42AM AssistantCollnlyAttomey "".. Approved By .l<!ffKlaLl:kow CourrtyAttomol' COllntyAttomeyOflic. 111711006tl:44AM D~ ApprnvedBy S..nd....Lml EJl6cl.lti"IlSec~tary C<IfI1mllllity o.......lopmerrt & Community O<Ivfll<.>pmerrt & E:nvirClnlfl.flnt~IS"rv;e"s En,,1tnnmentaIServ;em;Admin. 113Gf201l63,$lIPM Approved By "'.. C<>nstJmce A. Johnsgn Operatlonl'AnalYIl' Community O\>vlllopmerrt & Communlt)' O<wfllopmatll & E:nvironmentalServices E""itoflll'l<\ntaIS<lrvicm:J\dmin. 11~012G06 3,52 PM ApprowdBy 0... J<I"'!lphK.Schmitl Communitv Oevelopment & Env,ronmentllISaiV;C<ls Comr",,,,rty OevIII"pmerrt & Erwironm..ntal Se",ke~ Adm,n$lr8l"r C",mnunity o..~j"l>m..n' & Envir~mmen!.l!l Servi"..s Admin. 11301211oS4:SlJPM "".. ApprnvedBy OMBCo<;>,dinator Count'l Manag"!"'s. Qffk.. Admjnil;tflllivl!^~si"tiilnl Office ut Manalloment & Budget 11~1Il0061:3S PM Apl'roved By """ M,.,klsacks<m County t,bn"g""s Cff;ce ilud<,l<>tAnsl'lsl OfliceofManag"ment&B<ldg..t 1f31/20caZ,S7PM Ct>unlyMa"...gel D... Apprnndny Jal1lllsV,f.ludd 6oan:loIC..""ty Ccmmi"5io.",1"S Coun1yM/i>nalle...,.Offl<:'a 1131i2U1I65:10PII'I Agenda Item No. 17 A February 14, 2006 Page 4 of 13 ORDINANCE 2006-_ AN ORDINANCE OF THE BOARD OF COUNTY COMJvIISSIONERS OF COLLIER COUNTY, FLORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF SUPERVISORS OF TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND COMM1JNITY FACILITIES. WlIEREAS, on July 30, 2002, the Board of County Commissioners of Collier County (the "Board"), adopted Ordinance 2002-42 establishing the Tuscany Reserve Community Development District (the "Oistrict") as a community development distIiet within the meaning of Chapter 190, Florida Statutes; and WHEREAS, pursuant to Section 190.012, Florida Statutes, community development districts have special powers relating to public improvements and community facilities subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included witl-jin the distIict; and WHEREAS, the Board of Supervisors of the District adopted a resolution requesting the Board to consent to the exercise by the District of certain additional powers specified in Sections 190.0l2(2)(a) and (d), Florida Statutes, in order to plan, establish, acquire, construct or reconstIuct, enlarge or extend, equip, operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and security, including, but not limited to, guardhouses, fences and gates, electronic imrusion- detection systems, and patrol cars; and WHEREAS, thc Board acknowledges the District's desire to exercise the special powers set forth in Sections 190.012(2)(a) and (d) and that these improvements and additions will be funded solely from the District's budget. NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COlJNTY, FLORIDA, that: The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set forth in Sections j 90/112(2)(a) and (d) to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; provided, however that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District's boundaries. Agenda Item No. 17A February 14, 2006 Page 5 of 13 THIS ORDINANCE ADOPTED after motion, second, and majority vote favoring same this day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA By: , Deputy Clerk By: FRANK HALAS, CHAIRMAN ApPl ved as to fOl1n and] aI ~" .... I \_./ EXHIBIT "A" Agenda Item No. 17 A February 14, 2006 Page 6 of 13 TUSCANY RESERVE CDD METES AND BOUNDS LEGAL DESCRIPTION Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South, Range 25 East, Collier County, Florida, LESS: The portion conveyed. to Collier County, A Political Subdivision, by Warranty Deed recorded June 22, 2000, in Official Records Book 2689, Page 3368. together with: PCJrcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, lying West of Interstate Highway 75, Ri<i1t-of-way. PARCEL A and PARCEL B: TOGETHER BEING MORE P~RT)CULARLY DESCRIBED AS: A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section 12, Township 48 South, Range 25 East, in Collier County Florida, and being more particularly described as follows: BEGINNING at Northwest Corner of Section 7, Township 48 South, Range 26 East run thence along the North boundary of the Northwest one-quarter <I) of said Section 7, S.89"52'09"E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate Highway 75 (324' Right-of-way); thence along said Westerly right-of-way line for the following three (3) courses 1) S.19"30'43"E. 2329.79' feet to a point of curvature; 2) Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58 feet and a central angle of 19"28'46" (chord bearing S.09"46'20"E., 1883.77 feet); 3) S.00"01'57"E. 1243.42' feet to 0 point on the South boundary of the Southeast one-quarter <:1) of said Section 7; thence along said South boundary N.89"10'15"w., 844.32 feet; thence along the South boundary of the Southwest one-quarter -<:1)' of said Section 7, N.89"10'25"W., 2627.43 feet to the Southwest corner of said Section 7; thence along the West boundary of the Southwest one-'quarter <I) of said Section 7, N.00"32'28"W., 2623.13 feet; thence along the West boundary of the Northwest one-quarter <I) of said Section 7, N.00"30'23"W.~ 1314.18 feet; thence along the Southerly boundary of the North one-half (~), of the Northeast one-quarter <I), of said Section 12, Township 48 South, Range 25 East, S.89"21 '50"W., 2599.53 feet to a point on the Easterly right-of-way line of Livingston Rood; thence along said Easterly right-of-way line N.00"24'47"W., 1316.gl feet to a point on the North boundary of the North one-half (~) of the Northeast one-quarter <I) of said Section 12; thence _ along said North boundary, N.89"25'08"E., 2597.37 feet to the POINT OF BEGINNING. Containing 461.29 acres, more or less. _ED III': HEIDT & ASSOCIATES, Inc. ~ Tampa.. Fort Myers CML. ENl3iINEEFVNG Fort Myers omce PI..ANNNG 3800 Colonial PIm<wa} SLAvEYlNQ Fort~, F\aricIa 3391" PhorIe: 239-482-7275 ENVIAONMENTAL. PERMITT1NG FAX; 23;.....t8,2~2' 03 LANDSCAPE ARCI-ITECTURe Exhibit "A" Page 1 of 2 ....~\.u.U..L .J. ".. Norlh boundo')' 0' the North 1/2 Q1' the North.a.-' , /4 S~tio,., 12 f.., .... ." i:l ON . '. ~ .!" Q -... gN III .'" _0 :z; " Q . " " . . 0 CD b Cl " :z; ~ ~ ~ oJ . N.89"2S'08"E. 2597.37' :i ~- t ~: I PARCEL. A . ~ iii li NORTH 1/2 O~ THE N-..!.. NORTHEAST 1/40" SECTION b"" O"',~ z ! 1'il11 ., "1 I' , , 'I , I I , , , 12 I I , , , 1', , " "1' " , S.Bll'21'SO"W. 2S119.53' South boundo'Y 0' the Norlh 1,/2 01' th. Norl,,-.t 1/4 s.ction 12 ""...15" ~.....-ai a~ ~' '10 "" i::l~ ....'" -'''' '" "0 ..0 0: 0: ..: ..: g. ;, ~ L[GEND OR - OmCIAL RECORDS BOOK F'.P.L- FlORIDA POWER AND UGHr CO. CEAllFICATEOF AUTHOFlIZATlON NO LB148 ;., - ..; N .. N "- < .l! iD .il - ~~ .. .. '" .. - ~, ,. ~. '" <~ N H .. 0 4' t: .. -~ ., 0 :: :i "- < ~ . . S~ .~ . . ~, ~. <- , . o . " . -;; . , ~~ , I SCAlE: ~gentJa ItSOONo. 17A February 14, 2006 Page 7 of 13 Norlh boundo?, 01' the Norlh_.t 1/4 Ser:tlon 7 S.B 2'09"E. 4 O.BO' .. 1- .. " '!l '" "I ':i '" '" . ~ O. ~. ~ t. -!.L y. ,. '< ~ .~ ~ UIo ~ ~ ,.... ., ~ ~ ~"\ *":. - ~ ll. PARCEL' a . ALL. OF" SECTION 7 WEST OF' INTERSTATE HIGHWAY 75. RIGHT.OF".WAY " .. Q ~ . o .. ,. CD N N t: o z ~lt 11 i. ~ oJ ~Il ~1lI ,,""1ns'46" R-55S7.5l1 T-855.811 L-18112.87 C-ll1B3.n ca-S.OV46'20"E. en b q :? oi .., rl South boundtzty or t,.. Soc.lth~t 1/4 Sfft;ltlon 7 .. to :.. "! N.89"'O'25"W. 2627.43' South boundary 0' the SOC,Ith-.t t/4 5<H:tlon 7 N.ss-iO"1S""W. 844.32' --- ....-."-.. PREP)RED BY, HEIDT & ASSOCIATES, Inc. SKETCH OF' LEGAL DESCRIPTION F'OR - ~ T_". F~ M,.... TUSCANY RESERVE CNIL. ENCllNEEFIM:i. FIH'tM1ft'llOrr.c:e Prepared F'or: WCl COMMDNlTIES me. PLANNN) 3800 ColonIal &..u, 6uIta 200 Own. RH I Ck.- I DWQ, CODJ.GL S"""""'NO Fcn~, Florid&! 33912 4/19/02 IOrd.r No.: WST-TR - EMIJRONMENTAJ.. PER/INT1lNci F'hone: 239--4e2-7275 Date: FAX; 23P-482~2103 SECTlON 7 TOWNlIHIP 4& G RoIt.NQE 2G e lANDSCAPE AACHlTECTUFlE SECTlON 12 'TO./IINfHP.ul S AANClE ~ e r"'.nr,,""'('X}lINTV~O~'" Exhibit "All Page of 2 .....OU1ttONNO' ~. A RESOLUI'lOJ'C OF TtlSCANY u:aaYlt COMMlJNlTY DEVKLOI'MItIfT DISTBIC'I BQlJB81'ING 'lID BOAltD OJ' COllNTY COM1IIIlISI_ OF COLLIEll COllNt'Y. I'LOllIDA TO GRANT DIE DISDIICl' CB1lTAlN ADDmoNAL 10_ PtlIISV...... TO CILU'I'D. I"" FLORIDA STATtI'I'I'.SI PROVIDING POll OVERABILITY; AND PROVIDING FOR AI< EP1'ECIl\IE D4TJt. u: IT RJ:SOLV&D BY TJD, BOAJU) OF SUfBRVlSOU OF TUSCANY RESERVE COMMUNITY DEYU.OPMENT DISTRICT: SEC'TION J. AlJ11IOJIJTY FOR. THIS llDOLurJON. n. Board. of Supcrvilon (tba "BoIUd'") olTuscau:y ~ CC:llm.\unity~DiRrict (1be"1>ittriet") i& autboriz:od to adopt this llaollll:i.on undet the autharlt, ...a.d by the pmviBonI of Chapter 190, PIorld. Statidl::l, U 1mlIIIdld. its Cbarter (Onii:DaPce No.02-42 lIdopb!ld by IJe Boud ur Cowlly COamlluiol'\ll!D of tonier County, Florida on ~ s. 2002. (lun:inafter. the "Ordinmce") and oilier -,plicable pwvisio:u o( law (oollectivdy, the ..Act"'). SECI'lON 2. FINDINGS. A. Pum1am to the omiDaocc. CoDiCIl' Ccnmty ~ Tulcmy Jt.eml. Commwll.ty Dc:vdopmmt Dittrict (the "Dlltrictj U I COlMUlDity development diltrict wiI:bia the munin. ofCbllpler 190, FkrricIa Statu_ B. TM Board of SllpIDViaon of !be D:illlict DOW l1c:tIra 10 Idopt Ib1a l'8IDhd:iosa reqnestins the BOIM or County Commi&I\oc.m. of Com.. County 10 COIlICat by fC8Dlutiwa 10 Ihe exm:iH by the District of cCltlin IldditiozJal powen spedfted in SDCtiam 190.012(2)(1)" (d.), Florid. StI'lI:lu and to submit such ft:SQtuticm to Colli. CoUDly. UCTION 3. REQtlEST 1l'OR ..mDnlONAL POWERS. 'The' DiJlrict hanby requeata the 80ud ofCcumy Commilsi.ooen otCol1lerCoUlll)' to OO1lICntbyJ'llOhltion 10 the exercise by the Board of Supcrvifrm ",r1he .Di.na:p~ 10 SedioN 190.012(2)(&) .... (d). Florida Statutes of ~_ pow.- to plan, cstabli;h. aoqaire. eozzsIruct or reconstruct, enlarse CI' cxlCDd. equip, opcr.te aDd maintain additionallYmnu. md. tacilitiu fOr (A) pub INi (aclliliCII lOr indoor and. outdoor RCifCatioal.', culNral. IUd edw:atianal1lJ1eli; and (8) .~ty, incJucIinJ. but DOt Umitad to. prdbouIcI. lClICOI .md pU:I, clCCW:llil< iDln&Iioa-dotcc::tion 1)'Itrms, &nd patrol CIa, whell aufbDrizell by proper ~vemmc:ntal "entice; provided, bo~ dut thD Dtltrict O1JY JU)( c:xW" any poliCll power. but may CODtraCI witb the apJm)pri_ loc:aI. JODml pwpose p<<DIII1Cll1 ~ iDr an iDcnuocl ),...1 gf tuch stlrVP wichin cho District'. bollUClari.. The m,trlct', Genem COWlIel and Bond Couuel arc each heRby 4Utbariztd to mbmit tbiJ ruolution Ie Colli<< COlltlty, Agenda Item No. 17 A February 14, 2006 Page 8 of 13 SECTION'" 8EVXRAB1LlTY. S1iOIill any ---. ItiCICir., .... put liII' ,....m.. of ibis a.ohuloo.. -l!7' -' a(_Jool_ to be bIYlIid, Ibo 1WIIa..IbIi1I nat.drect 1bc vaUdityot1bk a.o1udon u....whoJt. or IIIYpct tblNDt odsertbIIJ the pm: declared illvalid. flECl101l.. IlfRCI'lVE DATIl. _ _ 1iIaIl1>e _............., upagitl~ P_ ANI) AIIOPftIl at . ED..... of Ibo _ of Suproviama of ~ a.....e CCJlJllmlZJity ~1opmecatDiitdi:iUbl. -li- cIIy vrB-r.~~200S. -.... lSIW.J TDSCAIiY IlERRV!: COIlOll1NlTY :i~ "'Y-r--- D . S z III~ ICIVftIO'~ ZZI-J, qYJDllV .1l~Il.;) ltllfG)oIIJ. IdU:tG S~IZ.lI umu+ Agenda Item No. 17A February 14. 2006 Page 9 of 13 Agenda Item No. 17 A February 14, 2006 Page 10 of 13 Statement of Estimated Regulatory Costs Proposed Amended Ordinance to the Tuscany Reserve Community Development District providing for the additional powers pursuant to Chapter 190.012(2)(a) & (d), Florida Statutes. Purpose The purpose of this Statement is to identifY the economic impacts of the adoption of the Proposed Amended Ordinance to the Tuscany Reserve Community Development District providing for the additional powers pursuant to Chapter 190.012(2)(a) & (d), Florida Statutes, This Statement of Estimated Regulatory Costs is prepared in accordance with the requirements of Chapter 120.541, Florida Statutes. 1.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the amended ordinance, together with a general description of the types of individuals likely to be affeeted by the amended ordinance. The principal entities that are likely to he required to comply with the ordinance include the District, the State of Florida, the County and the master property owner association. In addition, existing and future homeowners and their visitors and guests in the Tuscany Reserve community will aiso be affected by the amended ordinance. The Tuscany Reserve community is expected to contain 309 residential units when completed 2.0 Good Faith estimate of the cost to State and local government entities, of implementing and enforcing the proposed amended ordinance, and any anticipated effects on State and local revenues. There will be no additional costs to the State or local government, since the Tuscany Reserve CDD already has been established by prior ordinance. The amended ordinance provides for additional powers only which will not add to the costs of the State or local government for implementing same, except for the County's costs to review and adopt the petition, which costs have either been pre-paid or the direct cost re-imbursed hy the petitioner. The amended ordinance which provides/or expanded powers for the District will not have any effect on State and local revenues, except to the extent that the District purchases goods and services which may be exempt/rom the State's sales tax and to the extent that any 0/ the District's personal property is exempt/rom Tangible Personal Property taxes. The District in implementing the additional powers will incur additional and recurring annual expenses to operate and maintain the /aciiities. equipment and services that could be provided by the additional powers. The District in order to Agenda Item No. 17 A February 14, 2006 Page 11 of 13 fund the additional cost will impose additional non ad-valorem assessments on the property owners within the District, however, these additional District revenues are expected to be offset by corresponding reductions in expenses and assessment revenues by the Tuscany Reserve Master Homeowners Association, the entity currently providing for similar services to the property owners in the community. 3.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily aseertainable based upon standard business practices, and include filing fees, the costs of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and costs of monitoring and reporting. Transactional costs to the local governmental entities, specifically Collier County, are discussed in Item 2 above and involve the review and adoption of the petition. These costs have either been prepaid or the direct costs re-imbursed by the petitioner. Otherwise, there are no recurring transactional costs to local governmental entities. The transactional costs to individuals and entities wiil apply only to the property owners within the boundaries of the Tuscany Reserve CDD and any facilities or services which the District provides pursuant to the additional powers wiil be included in the annual non-ad-valorem assessments. The additional powers granted to the District are not likely to require imposition of filingfees, licensing, additional equipment, operational cost requirements on the part of individuals or entities. In considering the transactional costs that may be paid by those affected by the proposed additional powers granted to the Tuscany Reserve CDD, three points are important. First, unlike most other situations, 100% of the costs that wiil be fimded by the District wiil be incurred in any event. That is because, if the District did not provide the facilities or services, then either the Developer or Master Property Owners Association would provide the facilities or services with those benefited parties paying for those same facilities or services. Second, State Law requires that prospective property owners in the Tuscany Reserve community are disclosed that the District exists and may impose assessments on the benefited property. And third, the District must conduct its annual budget approval and adoption process in open, publicly advertised meeting and provide for comment and input from the public. Agenda Item No. 17A February 14, 2006 Page 12 of 13 4.0 An analysis of the impact on small businesses as defined by s.288.703, and an analysis of the impact on small counties and small cities as defined by s.120.52. Approval of the petition for additional powers for the Tuscany Reserve Community Development District will have only incidental impact on small businesses, and it is positive. The District must operate according to Florida's "sunshine" laws and the District must follow the competitive bids requirements of chapter 190.033 for the goods and services it will purchase. As a result, small businesses may be better able to compete for District business. Florida Statutes defines "small county" as a population of 75,000 persons or less, therefore CoWer County is not a small county by definition. 5.0 Any additional information that the agency determines may be useful. There is no additional information. LOCATION MAP TUSCANY FlESERVE COD PI!TITIONI!!R8 COMPOSRIf I!XHIBrr .1 ~B" DEVELOPMENT BOUNDARY LEe COllIER c a: z ~ (I) CJ z ~ ...I LMNGSTON FlD --L/ ------ n Agenda Item No. 17A February 14, 2006 Page 13 of 13 PROJECT SITE ~:.:.:.:-:~ ~---:..:. :.::~~.:~-:.::.:.:: ~:-- _.: -.... 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