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Agenda 03/25/2008 Item #16B 5 Agenda Item No. 16B5 March 25, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation for the Board of Connty Commissioners to approve an interim impact fee for new dry storage construction at Calusa Island Marina until an approved alternative impact study is completed and the appropriate fee is determined. OBJECTIVE: To approve an interim impact fee for new dry storage construction at Calusa Island Marina and authorize the approved alternative impact fee study. CONSIDERATIONS: January 9,2007, the Board took action by approving an interim impact fee of $44l per dry berth for new dry storage construction at Calusa Island Marina in the City of Marco Island and directed the owner of Calusa Island Marina to conduct an alternative impact fee study within four months to detennine a new rate for his impact tee. Due to permitting delays in the City of Marco Island, the owner, Kris Dane, held off on the impact fee study. His permits are now ready; however, Mr. Dane did not complete his study. At the March I I BCC meeting, Mr. Dane asked the Board to again agree to an interim impact fee of $441 per dry berth and to allow him time to conduct his altemative impact fee study. The owner and county staff met and agreed that his sitelbusiness was unique and did not specifically fall into an appropriate category for impact fees. It was also determined that his site was so unique that there were not three local sites to compare it to as nornlally required in a full alternative impact fee study. Therefore, it was agreed that an abbreviated alternative study would be conducted by the owner and he would survey his marina with the following stipulations: I. Within 90 days, the owner will provide the addresses of his dry storage customers and lift logs from the past twelve months as well as the number of dry storage spaces occupied during that period. 2. During March 2009, the owner will have a transportation consultant perform a mid-week traffic count for three days at the marina and docunlent the number of occupied storage berths and provide updated owners/renters names, addresses and lift logs for the new berths. 3. During March 2010, the owner will repeat the mid-week traffic count for three days and, in addition, perform an origin/destination study in accordance with the procedures established under the alternative impact fee study criteria and document the number of occupied storage berths and provide updated owners/renters names, addresses and lift logs for the new berths. 4. Within 90 days of completion of the study, the impact fee rate will be adjusted without penalties to either party. The County will issue a refund or an updated bill for the new fee. 5. Failure on the owner's part to conduct said study or to make any payment necessary from the impact fee study in 2010, will result in a lien being placed on his property as outlined in the Impact Fee Ordinance. Agenda Item No. 16B5 March 25, 2008 Page 2 of 8 FISCAL IMPACT: To be determined by the study. GROWTH MANAGEMENT IMPACT: This is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the interim impact fee for $441 per berth for new dry storage construction and approve an alternative impact fee study as outlined above. Prepared By: Nick Casalanguida, Director, Transportation Planning Attachment: 1 )Signed Agreement, 2) Letter to Marco Island Page I of I Agenda Item No. 1685 March 25, 2008 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B5 Recommendation for the Board of County Commissioners to approve an interim impact fee for new dry storage construction at Calusa Island Marina until an approved alternative impact study is completed and the appropriate fee is determined. Meeting Date: 31251200890000 AM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 3/13/200811:33 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3/13/200811:36 AM Approved By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 3/13/20082:21 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/14/200812:47 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 3/14/20081:01 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 3/14/20081:13 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 3/17/20087:43 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 3/17/20085:33 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/18/2008 1 :24 PM file://C:\AgendaTest\Export\1 03-March%2025, %202008\ 16. %20CONSENT%20AGENDA \... 3/19/2008 COLLIER COUNTY BUSINESS MANAGEMENT AND BUDGET OFFICE Agenda Item No. 1685 March 25, 2008 Page 4 of 8 IMPACT FEE SECTION 2800 N. Horseshoe Drive' Naples, Florida 34104 . (239) 403-2369 . Fax (239) 403-2405 VIA E-MAIL March 11, 2008 Ms. Lee Loewer City of Marco Island RE: Calusa Island Marina Permit #066017 Dear Lee: Past due impact fees in the amount of $36,622.40 are due for the above-referenced project. Mr. Dane will submit a check to you, made payable to the County, for this past due amount. Once tl1e past due amount is paid, the Road impact fees to be collected at this time for the above-reference building permit is $441 per berth. All other impact fees should be assessed per the fee schedule in effect on the date the building permit application was submitted. Mr. Dane has agreed to comply with an outlined schedule for completing an Alternative Rate Study the details of which are to be finalized at the March 25, 2008 Board of County Conunissioners meeting. The results of the study are to be completed in approximately two years at which time it will be determined whether any additional amounts are due to the County or if any refund is due to Mr. Dane. Please let me know if you have any questions. Also, please let me know when the check to the County is received and we will arrange to have it picked up. Sm~ Paula Fleishman Impact Fee Coordinator Ce: Mr. Kris Dane, Calusa Island Marina Amy Patterson, Impact Fee Manager Nick Casalanguida, Transportation Planning Director co o {~~ e T co o u H t y Agenda Item No. 16B5 March 25, 2008 Page 5 of 8 AGREEMENT CALUSA ISLAND MARINA IMPACT FEES THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ of March, 2008, by and between Maritime Venture I, Inc., with an address at 385 Angler Drive, Goodland, FL (hereinafter referred to as "Developer"), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). R E C I TAL S: WHEREAS, Developer is the owner of Calusa Island Marina located at 385 Angler Drive, Goodland, FL otherwise described as per atlaclullent A (hereinafter referred to as the "Development"); and WHEREAS, it is expected that the Developer will add 152 dry storage berths to Calusa Island Marina; and WHEREAS, County wishes adequate impact fees are paid for the expansion of this project; and WHEREAS, Developer, believes that his business is unique and does not specifically fall into an appropriate category for impact fees; and WHEREAS, as detailed below, the Developer shall conducted an approved alternative impact fee study. Within 90 days of the completed study, the impact fee rate will be adjusted without penalties to either party and the County will then issue a refund or an updated bill; and WHEREAS, County is willing to authorize the release of the Developer's building permits for an interim impact fee of $441.00 per berth and authorize an approved alternative impact fee study; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners for approval ofthis Agreement. WIT N E SSE T H: NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: I. All of the above REClT ALS are tme and correct and are hereby expressly incorporated herein hy reference as ifset forth fully below. 2. Within 90 days, the Developer will provide the addresses of his dry storage customers and lift logs Ii-om the past twelve months as well as the number of dry storage spaces occupied during that period. Page I of3 Agenda Item No. 1685 March 25, 2008 Page 6 of 8 3. During March 2009, the Developer will have a transportation consultant perform a mid- week traffic count for three days at the marina and document the number of occupied storage berths and provide updated owners/rentcrs names addresses and lift logs for the new berths. 4. During March 20 I 0, the Developer will repeat the mid-week traffic count for three days and, in addition, perform an origin/destination study in accordance with the procedures establish under the alternative impact fee study criteria and document the number of occupied storage berths and provide updated owners/rcnters names addresses and lift logs for the new berths. 5. Within 90 days of complction of the study, the impact fce rate ,...iIl be adjusted without penalties to either party. The County will issue a refund or an updated bill for the new fee. 6. Failure on the Developer's part to conduct said study or to make any payment necessary from the impact fee study in 2010, will result in a lien being placed on his property as outlined in the Impact Fee Ordinance 7. The burdcns of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 8. Except as otherwise provided herein, this Agreemcnt shall only be amendcd by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or pemlitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt rcquested, or by a nationally recognizcd overnight delivery scrvicc, and addressed as follows: To County: To Developcr: Attn: Norman E. Feder, A.I.e.P. Transportation Division Administrator 2885 S. Horseshoe Drive :'\faples, FL 34104 Maritime Venture I, Inc. Kris Dane, Registered Agent ] 050 Borghesc Lane, Apt. 703 Kaples, Fr. 34114 Phone: (239) 252-8l92 Phone: (239) 394-2076 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 9. Developer shall execute this Agreement prior to it bcing submitted for approval by the Board of County Conunissioners. This Al,'I'eernent shall be recorded by the County in the Official Rccords of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. Page 2 of3 Agenda Item No. 16B5 March 25, 2008 Page 7 of 8 Thc County shall provide a copy of the recorded document to the Developer upon request. 10. An annual review and audit of perfonnance under this Agrcement shall be performed by the County to determine whether or not there has been dcmonstrated good faith compliance with the terms of this Agreement. ]1' the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agrccment may be revoked or unilaterally modified by thc County. IN WITNESS WHEREOF, the parties hereto have causcd this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGHT E. BROCK., Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman AS TO DEVELOPER: Maritime Venture I, Inc. By: Kris A. Dane, President tUJ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ofYtl ""0'1. , 2008, by Kris A. Dane, as President of Maritime Venture I, perso~aIly known to me or has produced FL. 1) r ,,,.,.r~ L,. ." as identification. Notary p~C- ~!S ----' Print Name: Lf2",-~.o "3. Beon.f My Commission Expires: I D -,;)'/-Il> \ "i~ day Inc., who IS App v and w ssistan ounty Attorney Page 301'3 Ag~"jE ::...1.. ~!C_ 1:=-'~ March 25, 2008 Page 8 of 8 '.., 001526 EXtIlSIT "A" OR BOOK GOOOLANO M~RIN~ SIT! L!GAL OE5CRIPJION 000687 PAGE ^ parcel of land, lyIng In and bcinq part of the plat or MARCO BEACH: UNIT SIXT&&N, ac:c:ordin9 t.o the pUt thereof as recoeded in Plat BODk 6. P"ges 112: tnrough 118 of tht: PUblic: Recorda of Collier County, Florida, and pact. of the plat of ""RCO e~"CH UNIT TW~HT~, according to the plat thereof as recorded in Plat Book 6- A. Pagelll 16-" throtlgh 18-A of t.he Public Jteeouls ot- Collhr ,county, Florida. being pore p.rt!c~larlY describea as followsl 9~GIN at th~ Ncrth~ant corner of S~etion 24, 7o~n~hlp 52 South, Rdng(l 26 Edst, Collit'r County, Flortrle, aa1a cDcnt'f bl"1oq 011 the ~~&te(l~ p13t bcu~d^ry of a!or~5~1d Mateo ae~eh U~lt ~ixt~~nl t:.h('ncfoc run 6101"1'.1 s",id E:astecly plollt boundary SOS"2C'4J-<: II dl~tilncl!' of 512.11 [~t'tl thenc~ }t'.llvtng /;I-Jlil! Ealtt{>rly plat bQtJndacy 585-23'49"14 <11 ::list^nce of 691.JO (eet to an lr,lrff;ec:tion ~i~h th~ Scutherly plat bounda~y ot ~aid Unit Slxt@en, th~nc. along sI.1d Southerly pht bO,UJt<t4.c~:, t.un. N6~-~6 '21-N a .3istance o( ,15.&1 feetJ thenc~ ha.vi..ng \nlJlS'Sotllnt!riy-. plat boundary run ,NOS-42t41-W... distance of."'_40~'.93 !e~t, thRn.ee N21.:Z2'4S"E . 'dist.'lnee of 66S.61 r....-':tl th~nc~ N32.12'50.e 'a! dlBtance of 24.10 ~f~et' thence HU-SJ'02""t- a dist.ance of 2'$.lO lel!tl ttUtnce .;H80-0.('ll.C a d1istafl:::/l ~t 16.-&$ feel I thl!nc," SS".O"21'E .. dlstancR of 18.54 feet, tlTf-n~ SJ.9.o1-""""'\"E a dLIlt"'llce of 24.51 . teetl tbenee S33..l!.'.f7-[: eo. dhta'n.;:"~_,or,-~.o~..:~8 feet. thence N83-"0LU-E a dist,iIl:1CC' ofl,J3.6tt. [e~tJ ,lhci'u:::e HCS"lltZIJ"W a dhtance of 9D1.1J [el':''t, the.nceS91-01JH.~ '..- distftnc~ of 27.85 feet, thence 589"22.30-W I: d1stanct.,.-of"19.90 feet, thence S81.49'ae"w . dht&ne~ of 27~O-&' h.e"t:J t.h.e.h-C't! Ne~.S~'IO.K a distance of JJ~20 t-ee:q thence N79'4;Z"'S"W a dla,t.ence or 30.86 feetl thenee NS3"1.2-';:e"'W' a I'Hstanc:e .~t,f 32..3Q_ Leet: thence N76.U'2'''W II di$t~n-ct! af 31.41 !eet,'!"lh~n:::e" tl77.20'C17"W II distance of ]7.95 !~et1 ti)ence tr,67"31tS9.""" a dlatAnce of 51.09 feet I thence N6J"J7'lS"Na d1~t,anc. Df 3,S:Stl feetr thence ,N53.4J'J'-W a d1l:t.ance o'.r ~O~6 fet:',t., th~'nc:~ "0"00'19"" II distance Df 2.(.85 feet' thenceqlJ4.Jl;",...~tt II' distance of 199.60 teet to an J.nterael;:tlon with" the- So.ut'h1it 11 RJ.'9ht of way Line of . State Road Ho. 92-" (lOa' ..,ide f(!ght of WaYl as shOVEl on aforesaid plat of Marco Beach Unit. TventYI tnence run t.he follolfin.9 COUrse8 along Baid Southerly Jligh.t or W.y Line, . S4S.02~(3"E a d1l:tant:e of 186.86 feet to .a point of curvature ot' a circular curve, CClncave to the Northeast. and hav1nq a radius Of 366.31 f~etJ thence Southeasterly aloni the Arc of said curve throuqh a centca1 angle of 4Jo3.'JD- an ~rc distance of 280.11 feet to the point of tangency: thence ssao:!i' 09"1; .. distance of 17~_91 teet to the &as~~rly plat bo~ndary or aforesaid Marco . Beach Unit. s!xteeft. s4id plat boundary also being the .E:ast:.crly . line of Section 13 of a!orICsald Townsh.1p S2 South. RaniI!' 26 EAst, Collier County, Florida, then~e SOS02D'(]-E along said dEa!terly plat boundary and section line a distance of 12').S7 rtfeet. to t.he Point of Be-gInning. r,,-'r.''''j,-''.'~.',~r ~~ coU:;~;~I~\;')~'~:.';~~;,!;)-\ '; J/lMl~ L("LE5.C~(l-!1I . ..'1;"" ",!' )